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Question about Question #5 on the Certification of Compliance Form
1/10/2012 10:01:45 PM
I have been doing serveral more Form 1s and 4s latley, and I keep records of everything I mail out for each NFA item.
On the Certification of Compliance Form, I noticed that on two of my past Form 4 transfers a dealer had filled out the paper work for me, and I just signed and dated it all. On that one he had "No" written in box #5 that says "Are you a non immigrant alien?"
On my other Form 1s where I have been doing all of the paper work myself, I left that section blank, as my lawyer never told me to put anything in that box.
I am a US citizen born and raised, and even with all of the searching I have done online, I have seen some people say to write "No" in section 5, and I have seen other people not even mention section 5, like my lawyer lol.
I know if it gets kicked back b/c of this it won't take long to turn around, but I still want to make sure this is not a huge mistake, or does it even matter? in the next few weeks I'm mailing out 5 more forms, so I want these to be correct. Obviously if I am a US citizen I am not an alien of any kind anyways right?
On the Certification of Compliance Form, I noticed that on two of my past Form 4 transfers a dealer had filled out the paper work for me, and I just signed and dated it all. On that one he had "No" written in box #5 that says "Are you a non immigrant alien?"
On my other Form 1s where I have been doing all of the paper work myself, I left that section blank, as my lawyer never told me to put anything in that box.
I am a US citizen born and raised, and even with all of the searching I have done online, I have seen some people say to write "No" in section 5, and I have seen other people not even mention section 5, like my lawyer lol.
I know if it gets kicked back b/c of this it won't take long to turn around, but I still want to make sure this is not a huge mistake, or does it even matter? in the next few weeks I'm mailing out 5 more forms, so I want these to be correct. Obviously if I am a US citizen I am not an alien of any kind anyways right?
1/10/2012 10:05:37 PM
If you are a citizen the answer is no.
1/10/2012 10:09:05 PM
The instructions are clear, you don't fill that out.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
If you are a citizen of the United States, skip to question 7.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
1/10/2012 10:51:57 PM
Originally Posted By telc:
The instructions are clear, you don't fill that out.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
The instructions are clear, you don't fill that out.
If you are a citizen of the United States, skip to question 7.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
That is what I assumed, but why does my dealer put "No" in section 5 then? I'll call the ATF tomorrow just to make sure what I need to do before I mail out these other forms.
Thanks,
Mike
1/10/2012 11:14:14 PM
Originally Posted By collegeboy:
That is what I assumed, but why does my dealer put "No" in section 5 then? I'll call the ATF tomorrow just to make sure what I need to do before I mail out these other forms.
Thanks,
Mike
Originally Posted By telc:
The instructions are clear, you don't fill that out.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
The instructions are clear, you don't fill that out.
If you are a citizen of the United States, skip to question 7.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
That is what I assumed, but why does my dealer put "No" in section 5 then? I'll call the ATF tomorrow just to make sure what I need to do before I mail out these other forms.
Thanks,
Mike
cause your dealer didn't read the directions???
1/11/2012 2:31:30 AM
Originally Posted By gjg:
cause your dealer didn't read the directions???
Originally Posted By collegeboy:
That is what I assumed, but why does my dealer put "No" in section 5 then? I'll call the ATF tomorrow just to make sure what I need to do before I mail out these other forms.
Thanks,
Mike
Originally Posted By telc:
The instructions are clear, you don't fill that out.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
The instructions are clear, you don't fill that out.
If you are a citizen of the United States, skip to question 7.
http://www.atf.gov/forms/download/atf-f-5330-20.pdf
That is what I assumed, but why does my dealer put "No" in section 5 then? I'll call the ATF tomorrow just to make sure what I need to do before I mail out these other forms.
Thanks,
Mike
cause your dealer didn't read the directions???
Even the "Gun Trust Lawyer" made the mistake? http://www.guntrustlawyer.com/certification.html
I'm going to call tomorrow and ask the ATF. I'll report back. I hope it just doesn't matter if you are a citizen.
1/11/2012 7:22:52 AM
You shouldn't fill it out, the directions are clear no need to call. 
1/11/2012 3:41:00 PM
ATF is pretty fast at amending errors with forms after contacting you.. and those were actual user errors with trusts.
Personally I wouldn't worry about it, but it's your form so if you feel you need to contact them, go ahead.
Personally I wouldn't worry about it, but it's your form so if you feel you need to contact them, go ahead.
1/11/2012 3:47:03 PM
I went ahead and called them just to make sure. Found out some interesting things.
I spoke to two different examiners, and they both told me the same thing.
#1 If filing under and Trust, I do not need to even mail in a Certification of Compliance Form. Only if filing under and individual.
#2 If I mail in a Certification of Compliance form and I am a USA citizen, it doesn't matter if I put No in box 5 or if I left it blank. Either one, they get the point.
Interesting.
I spoke to two different examiners, and they both told me the same thing.
#1 If filing under and Trust, I do not need to even mail in a Certification of Compliance Form. Only if filing under and individual.
#2 If I mail in a Certification of Compliance form and I am a USA citizen, it doesn't matter if I put No in box 5 or if I left it blank. Either one, they get the point.
Interesting.
