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Suppressors Transporting a Suppressor

davjones

Private
Full Member
Minuteman
Apr 15, 2011
45
0
73
Missouri, USA
I've had my first suppressor for only a couple months so I'm not up on all the laws about transporting one. I live in Missouri and if I wanted to take my suppressor to Arkansas is there any thing special I need to do to stay legal? Suppressor's are legal in Arkansas.
 
Re: Transporting a Suppressor

would be wise to always have a COPY of your form 4 with you (or whatever paperwork you have that specifies that you own it.)
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">You are getting some incorrect info. If you want to stay legal by the books you need to complete a Form 5320.20 </div></div>

Don't think so...
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">Call the ATF. I think you'll find that you do. </div></div>

Call the ATF, you'll find that you don't.
 
Re: Transporting a Suppressor

Suppressors are considered firearms in a technical sense by the way. When I was running my SOT I had to run a firearm background check for suppressor sales as well as keeping them in your firearm acquisition and disposition books.
 
Re: Transporting a Suppressor

When I moved from Tennessee to North Carolina The ATF agent I spoke to had me complete the form 5320.20 and fax it to them and I had my approval at my house in less than a week. I can help if I know what I'm talking about but can't help you if you don't know what you're talking about.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">When I moved from Tennessee to North Carolina The ATF agent I spoke to had me complete the form 5320.20 and fax it to them and I had my approval at my house in less than a week. I can help if I know what I'm talking about but can't help you if you don't know what you're talking about. </div></div>

They'll entertain it but it is not required for suppressors (is required for destructive device, machinegun, short-barreled rifle, or short-barreled shotgun). Your single experience does not constitute the facts.
 
Re: Transporting a Suppressor

When you deal with ATF inspection agents come by to inspect you they make sure you know what you're doing. I wouldn't imagine it to be much fun if you don't heed their instruction.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">When you deal with ATF inspection agents come by to inspect you they make sure you know what you're doing. I wouldn't imagine it to be much fun if you don't heed their instruction. </div></div>

Ill be losing sleep over it.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">When I moved from Tennessee to North Carolina </div></div>

I think the original poster is talking about a trip, not moving.

The form specifically lists the items it applies to- destructive devices, machineguns, short-barreled shotguns, and short-barreled rifles. It has no mention of a suppressor.
 
Re: Transporting a Suppressor

The topic is transporting or temporary.

Moving Registered NFA Firearms Interstate

Individuals other than qualified Federal firearms licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate. To obtain permission to move these firearms, <span style="font-weight: bold">please</span> submit to ATF either a letter requesting permission to move them or an ATF Form 5320.20, Application to Transport Interstate or Temporarily Export Certain NFA Firearms. This form is available at the ATF Internet website or may be obtained by contacting the NFA Branch. If you are submitting the request by letter, please include the:

• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

Please also indicate in the letter whether: (1) the move is temporary or permanent; (2) the move will involve a transfer of the title; and (3) whether the possession of the firearm will violate local or State law at the destination. The ATF Form 5320.20 includes these requirements. Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

<span style="font-size: 11pt"><span style="font-weight: bold"><span style="color: #FF0000">Registrants do not have to obtain permission from ATF to move a silencer or “any other weapon” interstate.</span></span> However, if a registrant’s address for these types of firearms changes after registration with ATF, <span style="font-weight: bold">please</span> notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant’s correct address.</span>...
Page 6 right hand column:
www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2009-11.pdf
Page 94:
www.atf.gov/publications/newsletters/ffl/ffl-newsletter-2009-11.pdf
 
Re: Transporting a Suppressor

Here's the cut directly from form 5320.20 on when it is required:

"A Written request and prior authorization from ATF to transport interstate or in foreign commerce any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun is required under the provisions of Section 922 (a)(4), Title 18 U.S.C., and Section 478.28, Title 27, CFR..."

You'll notice it doesn't specify suppressors.

From Section 922 (a)(4), Title 18 U.S.C.:

"(a) It shall be unlawful -
(4) for any person, other than a licensed importer, licensed
manufacturer, licensed dealer, or licensed collector, to
transport in interstate or foreign commerce any destructive
device, machinegun (as defined in section 5845 of the Internal
Revenue Code of 1986), short-barreled shotgun, or short-barreled
rifle, except as specifically authorized by the Attorney General
consistent with public safety and necessity;"

Basically the same language in Section 478.28 Title 27 CFR.

One interesting thing of note is that in both cases, the law specifies transport in interstate or foreign commerce. Obviously the BATFE has taken this to mean that they can require permission everytime one crosses a state line despite the fact that it may not be with purpose for commerce. It'd be interesting to fight it if you did get taken in on a charge violating either of those codes.

But to the original point...they clearly specify the list of items and supressors are not on that list.

--Wintermute
 
Re: Transporting a Suppressor

If the form 4 comes back approved all you need to do is verify buyer and there is an area on the back of the 4473 under section 22 "no NCIS was required transfer involved NFA item"

As for transferring across state lines you need to fill out a 5320.20 to advise where you are taking the NFA item. You are allowed to take to any state as long as these items are permitted.

Firearms can be transferred must easier as long as the state allows them as well
 
Re: Transporting a Suppressor

The ultimate purpose behind the 5320.20 is to keep you out of trouble with any state laws. For example, suppose you want to visit a friend in CA, and since you are not REQUIRED to fill in the form for your suppressor, you and your Form 4 unit get yourself into a boatload of trouble, since suppressors in CA are prohibited for individual ownership, Form 4 notwithstanding.

Your travels may also take you through a state with a similar law, causing a similar result.

Since they WILL approve the form, normally very quickly, if there is no problem, way NOT submit one? It's free, it's fast, and it just might keep you out of jail if you are not up on the local laws.
 
Re: Transporting a Suppressor

Why would anyone subject himself to unnecessary paperwork?

If the forms and ATF website and printed matter all say it isn't necessary, it is unnecessary.

If you move, you ought to update your form 4 by means of a 5320.20. If you travel with your SBR or SBS, DD, or machinegun, you must file the same form; with suppressor, not.

The facts are clear if you do a bit of research on ATF's website. And remember, that if you don't get it in writing from ATF, what you think you have doesn't exist.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: tsmoyer13</div><div class="ubbcode-body">You are getting some incorrect info. If you want to stay legal by the books you need to complete a Form 5320.20</div></div>

disclaimer: the following is only an opinion and does not constitute legal advise.

Actually, it is pretty cool in that they do not.

AOW's and Suppressors do not require a 5320.20 to transport across state lines the way MG, DD, SBR's and SBS do. You can submit one for an AOW or a suppressor and they will approve it, but it is not required.

The following is from the link:

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-13.pdf

Section 13.8. Requesting permission to transport certain firearms in interstate or foreign
commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign
commerce any <span style="font-weight: bold">destructive device, machinegun, short-barreled shotgun, or short-barreled rifle</span>, without
prior written approval of ATF, specifically the NFA Branch.214 For definitions of these firearms and
devices, refer to 27 CFR 478.11. Licensed collectors are not required to obtain such approval if the
firearms and devices being transported are “curio or relic” firearms under the GCA. Approval for the
transportation may be obtained by (1) a written request or (2) an approved application filed with ATF on
Form 5320.20.
13.8.1 A written (letter) request. A written (letter) request must contain:
(1) A complete description and identification of the device or firearm to be transported;
(2) A statement whether the transportation involves a transfer of title;
(3) The need for such transportation;
(4) The approximate date the transportation is to take place;
(5) The present location of the device or firearm and the place to which it is being transported.
212 27 CFR 479.141
213 27 CFR 479.37, 479.142
214 18 U.S.C. 922(a)(4); 27 CFR 478.28
84
(6) The mode of transportation to be used (including, if by common or contract carrier, the name
and address of the carrier); and
(7) Evidence that the transportation or possession of the device or firearm is not inconsistent
with the laws at the place of destination.
13.8.2 Form 5320.20. As stated above, transportation of these firearms and devices may also be
approved by completing and filing this form and obtaining ATF approval of the form.
13.8.3 One-year approval. If a person will be transporting his/her firearm(s) to the same location on a
continual basis, ATF will approve a transportation request for up to 1 year. Example: the person lives in
State A, has a farm in State B (State B allows possession of the particular firearm), and wants to take the
firearm to the farm throughout the year. The person may request permission for a 1-year period to
transport the firearm interstate to the farm. Any other interstate transportation would still require a
separate request and approval. Second example: the person lives in State A and wants to transport
his/her firearm to a site in State B where competitions and shoots occur several times a year (State B
allows possession of the particular firearm). The person may request permission for a 1-year period to
transport the firearm interstate to the site for competitions and shoots. Any other interstate
transportation would still require a separate request and approva
 
Re: Transporting a Suppressor

Yeah, I'd still like to see the requirement for filling out the form 5320.20 for an MG, SBS, SBR, or DD taken to court. I don't see how any judge with two braincells to rub together would define personnel transportation of an NFA firearm across state lines without the intent to sell or transfer to another party to be interstate commerce.

--Wintermute
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Wintermute</div><div class="ubbcode-body">Yeah, I'd still like to see the requirement for filling out the form 5320.20 for an MG, SBS, SBR, or DD taken to court. I don't see how any judge with two braincells to rub together would define personnel transportation of an NFA firearm across state lines without the intent to sell or transfer to another party to be interstate commerce.

--Wintermute </div></div>

ATF has unlimited funny money and it would be a fools bet to play that hand. And you give far too much credit to a judge, especially if you're in the wrong jurisdiction.

This is a club Fed type offense, not lock him up overnight at the local jail if the ATF pushes it.
 
Re: Transporting a Suppressor

Jesus Titty !@#$ing Christ. It's not required for a can. Ensure a can is legal in the state, and states, you will be transporting the suppressor through. Have a copy of your form indicating you, or you as the trustee (of a trust), are the legal owner just in case. Have fun with it, don't end up on the nightly news or we'll mock you for months, and come home safe.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BravoSector1</div><div class="ubbcode-body">Jesus Titty !@#$ing Christ. It's not required for a can. Ensure a can is legal in the state, and states, you will be transporting the suppressor through. Have a copy of your form indicating you, or you as the trustee (of a trust), are the legal owner just in case. Have fun with it, don't end up on the nightly news or we'll mock you for months, and come home safe. </div></div>

Okay, so transporting a legally owned can through states that allow ownership is OK, but what about:
I noticed that in Iowa and Minnesota they are not legal to own. So you are not permitted to transport a suppressor THROUGH those states? What if you are only in the state for a couple hours as you pass through it?
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: djkest</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BravoSector1</div><div class="ubbcode-body">Jesus Titty !@#$ing Christ. It's not required for a can. Ensure a can is legal in the state, and states, you will be transporting the suppressor through. Have a copy of your form indicating you, or you as the trustee (of a trust), are the legal owner just in case. Have fun with it, don't end up on the nightly news or we'll mock you for months, and come home safe. </div></div>

Okay, so transporting a legally owned can through states that allow ownership is OK, but what about:
I noticed that in Iowa and Minnesota they are not legal to own. So you are not permitted to transport a suppressor THROUGH those states? What if you are only in the state for a couple hours as you pass through it? </div></div>

If there not legal, then you can't go there. Its part of the reason for the 5320.20. So they can tell you if your going a safe way.
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: S_Phoenix</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: djkest</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: BravoSector1</div><div class="ubbcode-body">Jesus Titty !@#$ing Christ. It's not required for a can. Ensure a can is legal in the state, and states, you will be transporting the suppressor through. Have a copy of your form indicating you, or you as the trustee (of a trust), are the legal owner just in case. Have fun with it, don't end up on the nightly news or we'll mock you for months, and come home safe. </div></div>

Okay, so transporting a legally owned can through states that allow ownership is OK, but what about:
I noticed that in Iowa and Minnesota they are not legal to own. So you are not permitted to transport a suppressor THROUGH those states? What if you are only in the state for a couple hours as you pass through it? </div></div>

If there not legal, then you can't go there. Its part of the reason for the 5320.20. So they can tell you if your going a safe way. </div></div>

Not true. The 5320 response isn't in route or travel, only destination. You can transfer device or prohibited item through prohibited state or county for travel across boundry; including vehicle or airport. The 5320 may help in exibiting intent to cross however you are OK (assuming your OK or else have fun) in either legal means; state or fed for "can". Intent is a subjective word and neither means anything <Fed law so determine your travels in any intent under your control.
Email exhange from State Police with response contact info or letterhead in your questions *on print* are better to have on hand vs. fed doc. Ask them...and take the input to paper. It's your ass and it should concern you but not in misunderstanding. This is a internet forum; read up, call, email. Forget the 5320, its not a toll pass.
 
Re: Transporting a Suppressor

i think i posted this on here, i know i posted it in several places, but just for the search engine, here it is again. i just got tired of not getting a straight answer. the thing to note is 'recommended' vs 'required'

<div class="ubbcode-block"><div class="ubbcode-header">Quote:</div><div class="ubbcode-body">So I thought I'd just call and find out about the rules for transporting a suppressor across state lines. I couldn't find a good solid answer on their webpage and my local dealers couldn't give me a solid answer either.

I just called the ATF at 304-616-4500 and talked to a couple different people to confirm. I spoke with Mary, Linda, Alexander (specialist) and Jason (specialist). They all gave me the same answer.

They told me that you don't need to file the 5320.20 transport form, but it is recommended. That's the info that i couldn't get straight, if it was required or not. It is not, but they do recommend it.

This is assuming that its legal to have a suppressor in the state you are going to. If its not legal to have a suppressor in that state of course you cant transport it there.

I hope that helps the people who live on state lines like I do.
</div></div>
 
Re: Transporting a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: djkest</div><div class="ubbcode-body">I noticed that in Iowa and Minnesota they are not legal to own. So you are not permitted to transport a suppressor THROUGH those states? What if you are only in the state for a couple hours as you pass through it?</div></div>
The "safe passage" provision of the Firearms Owners Protection Act specifically protects you in this scenario provided you are traveling <span style="font-style: italic">through</span> the state and your only stops are short and incidental (such as for food and gas). In other words, if you are taking your suppressed M249 SAW through California, don't stop to spend the day at the local theme park.
 
Re: Transporting a Suppressor

I called the information line for the NFA branch of the ATF. I was told that a form 5320.20 is not necessary when transporting a suppressor across state lines. I was also told that the "safe passage" applies to suppressors (not sbr's or etc) but only if the beginning and final destination are legal for suppressors and are clearly made known. The beginning and final destination are made known by filing a form 5320.20. so, I guess if you want to travel through a state that does not allow suppressors, you better file a 5320.20, otherwise it is not necessary.

--I am not a lawyer and don't have any of this in writing. This is just what the atf agent told me over the phone, so take it with a grain of salt and do your own research.