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mp
January 07, 2015, 21:31
A friend accidentally registered his virgin receiver SBR's on a Form 4 instead of a Form 1. BATFE approved all four stamps as transferred SBR's instead of "created" SBR's.

What should he do now? Engrave as per Form 1 guidelines, call BATFE and fess up, throw everything in a deep lake, or not care since he has stamps?

partisan50
January 08, 2015, 10:06
Since he paid the tax and received his stamps they are registered, I would not worry about it.

gunplumber
January 08, 2015, 10:20
I'm surprised they were approved. Because how can a transfer be made on a gun that has never been registered as manufactured - and therefore doesn't exist (not on the NFA record).

Definitely need to correct it. But I wouldn't worry too much about it, the change is simply checking a different box. The information and fee are the same.

Stranger
January 08, 2015, 10:22
Since he paid the tax and received his stamps they are registered, I would not worry about it.

+1

He paid the state. The AG would have a hard time convincing a jury he was trying to hide something or not pay his taxes.

I suspect he would be looking at much more serious charges for it to ever be an issue. (This would only be an add-on.) :uhoh:

What I am concerned about is how/why in the hell the BATFE approved it. It speaks of something being terribly, terribly wrong at the BATFE. I meanů more than the usual. :tongue:

nitro450exp
June 06, 2015, 11:04
If they are virgin then i would say no need to engrave.
But as tranfers they need to be in someones books.
Does he have a friendly NFA dealer.
If he logs thenm and transfers them with the approvals all should be good.

But i am no expert.

Why do we have to fix ATF screw ups.

Nitro

OMR_RDTandE
June 08, 2015, 12:32
If they are virgin then i would say no need to engrave.
But as tranfers they need to be in someones books.
Does he have a friendly NFA dealer.
If he logs thenm and transfers them with the approvals all should be good.

But i am no expert.

Why do we have to fix ATF screw ups.

Nitro

At this point the OP's "friend" has a simple clerical error to fix. By definition, these were not a transfer and shouldn't have been approved as such. If he were to follow any of your advice, he would be committing and/or participating in a criminal act in violation of the NFA. The dealer can't log it in without a valid transfer. If he were an 07, and willing to be the manufacturer, he would still have needed to file his form 1 before the transfer was done on a form 4.

Bottom line: the OP's "friend" made a clerical error, this was compounded by the NFA Branch approving what shouldn't have been approved. Let's just fix the error and not go and create some felonies.

shortround
June 08, 2015, 14:25
Email Ted Clutter at ted.clutter@atf.gov (ted.clutter@atf.gov)

Include your information and a narrative of what transpired. Your friend will probably have to resubmit new form 1's and the incorrect form 4's will have to be cancelled, which means paying the $200 tax per item again and waiting (60 to 90 days) for a refund on the form 4's. I'm sure Ted will expedite the new forms.

I've had a form 1 that was rejected because I left out part of my trust name. Since everything else was good, I resubmitted and had an approved form within a week.

notfrommt
June 08, 2015, 14:59
He paid the state. The AG would have a hard time convincing a jury he was trying to hide something or not pay his taxes.

I suspect he would be looking at much more serious charges for it to ever be an issue. (This would only be an add-on.) :uhoh:


-1

Do not rely on this reasoning to insulate yourself from penalties. You will lose. Demonstrate due diligence to correct this. It isn't hard to do.