Military Members get hit with this if they own NFA items and transferred to states that do not allow possession of said NFA items.
Simply the NFA items are:
1. Placed in storage in a legal location.
2. Sold prior to relocation to the state prohibiting possession of.
To expand on 1. above say my son whom is stationed in KY, owns a suppressor gets stationed in say N.Y where suppressors are illegal. He could quite easily and legally place his NFA items with a copy of the paperwork within a safe that he owns, here at my house provided only he can gain access to. Example only he has the keys or combination if I have access to the key or combination it would be a illegal transfer.
Now IF he had done his paperwork on a trust, he could merely add me to the trust, hand me the item and I could secure it in my safe for him as it would constitute a lawful transfer of possession. Without the other safe being at my house.
there are other ways such as if a person say had the suppressor in a trust and listed a co-trustee in say Nevada where the item is stored and used it wouldn't be a violation. Or a person that had dual residency of states I've heard of them storing a item in a legal state.
here is what the infamous AI says about it ...
"
AI Overview
Lawful storage of a National Firearms Act (NFA) item requires ensuring only the registered owner (or authorized trust members) can access it to avoid illegal "transfer". While no specific federal storage method is mandated, keeping NFA items in a locked safe, container, or room that unauthorized persons cannot access is required.
- Access Control: The paramount rule is that no unauthorized person—including spouses, roommates, or children—should have access to the safe, key, or combination.
- Storage Locations: Items can be stored at home or in a bank safe deposit box.
- Third-Party Storage: If storing at a friend’s or relative’s home, the NFA item must be in a locked container to which only you have the key/combination.
- Documentation: Always store a copy of your approved Form 1 or Form 4 tax stamp with the item, though the original should be kept in a secure, separate location.
- Travel/Moving: While NFA items can be moved, items like Short-Barreled Rifles (SBRs) or machine guns require approved ATF Form 5320.20 before crossing state lines.
- Firearm Trust: Using a Gun Trust allows for authorized co-trustees to have legal access to the storage, simplifying storage if multiple people need access.
Disclaimer: This information is for educational purposes only and does not constitute legal advice. Always check state and local laws, which may be stricter than federal law. "
Another source (look at the table of contents of moving to a prohibited state)
Moving with a suppressor? Learn suppressor laws, when the ATF change of address form (5320.20) applies, and how to transport a suppressor across state lines.
www.silencershop.com
