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Suppressors Travel With Suppressor

MagnumSecurity

Private
Full Member
Minuteman
Aug 21, 2012
89
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Michigan/Florida
I have been away from the forum for a while due to some personal issues, but now am back in suppressor buying mode.

Today I talked with someone at the Gun Trust Lawyer's office (David M Goldman) and asked what I needed to do if I travel and want my suppressor with me at my destination. I was told by the lady that I need to send it to a FFL dealer and pick it up from them when I arrive. For those who travel, is that what you do? Potential travel would begin in Florida and end in Michigan and vice versa. Suppressors are legal in both states.
 
According to SilencerCo: Yes, if the state you are traveling through is a suppressor legal state. Other ATF regulations require a temporary permit for machine guns or short barrel rifles to travel across state lines.

Here's another article which supports the above statement: Ask Foghorn: Legal Considerations for Traveling with a Silencer? | The Truth About Guns

Based on that article it looks like I can put it in my truck and drive to my destination. Before I do any thing, I will get clarification from the ATF. Since I don't have my form sent in yet, I don't have to worry about it for a while. However, I did think it was a little strange that I would have to send it to a FFL dealer and not be able to take it with me. I got the impression she wasn't real confident in her answer to me.
 
Look up the actual ATF speak, I was always under the impression as long as your perm stop was not in a "non" friendly state you could in fact pass through it.
 
Based on that article it looks like I can put it in my truck and drive to my destination. Before I do any thing, I will get clarification from the ATF. Since I don't have my form sent in yet, I don't have to worry about it for a while. However, I did think it was a little strange that I would have to send it to a FFL dealer and not be able to take it with me. I got the impression she wasn't real confident in her answer to me.

The FFL Dealer part is flat out wrong. Think about it, that would be considered a Class 3 item transfer so you'd have to pay the tax and wait the god aweful amount of time(I think the only exemption to that is service).....and then it would no longer be your Class 3 item in the eyes of the ATF.
 
We are only talking about suppressors here on this topic. The information given to you by that lady is incorrect. For your situation, once you are legal to own your suppressor in FL, you can drive from FL to MI without notification to anyone. You can even travel through a state that forbids suppressors. You can even stop over in those states, but cannot use the suppressor. So possession in the bad states is ok, just not able to use it or be seen with it. Of course you can use it in the states that it is legal to have them. No notification is required in the legal states either.
 
I travel with suppressors all the time, the response from the Gun Trust Lawyer is completely wrong, unless you are mis-stating your travel plans or I am just not understanding it. It requires nothing extra. Its the same as traveling with a regular firearm.

The suppressor is yours, you don't have to file anything to travel with it, only if you move to a new state.

I just traveled (Aug) from CO to OR to CT back to CO with my suppressor... did nothing different than declaring the firearm at the airport. There is no notification necessary you are traveling. (traveling, not moving) There is a form for when you move. I used to travel from CO to TX with just a suppressor and aside from declaring it at the airport like a firearm, there is no extra paperwork.

Wrap the suppressor in the paperwork and drive on... these people are wrong. There is no extra steps.
 
We are only talking about suppressors here on this topic. The information given to you by that lady is incorrect. For your situation, once you are legal to own your suppressor in FL, you can drive from FL to MI without notification to anyone. You can even travel through a state that forbids suppressors. You can even stop over in those states, but cannot use the suppressor. So possession in the bad states is ok, just not able to use it or be seen with it. Of course you can use it in the states that it is legal to have them. No notification is required in the legal states either.

I would be extra cautious when traveling through non-friendly states. I would make sure you have "evidence" of your final destination to include reservations to be on the safe side.
 
Thanks guys for all the responses. I was very clear when I stated my very simple question to her and there is no misunderstanding between us. Based on your responses, you understand my question perfectly. Now I don't have confidence in any of the questions I asked her.
 
Travel With Suppressor

If you re-stated the question correctly to us, you got bad advice. I am surprised at that, though, because Goldman knows what he is doing. Did you ask a lawyer, or was the advice given by an assistant?
 
If you re-stated the question correctly to us, you got bad advice. I am surprised at that, though, because Goldman knows what he is doing. Did you ask a lawyer, or was the advice given by an assistant?

I didn't talk to Goldman. A lady answered the phone and I told her I had a few questions related to a gun trust and suppressors. I thought she would transfer me to someone, but she said OK what are your questions. That is when I asked her and she gave me her answers. My questions aren't the problem/issue, it's the answers. I will call back tomorrow and ask to talk to Goldman.
 
I travel with suppressors all the time, the response from the Gun Trust Lawyer is completely wrong, unless you are mis-stating your travel plans or I am just not understanding it. It requires nothing extra. Its the same as traveling with a regular firearm.

The suppressor is yours, you don't have to file anything to travel with it, only if you move to a new state.

I just traveled (Aug) from CO to OR to CT back to CO with my suppressor... did nothing different than declaring the firearm at the airport. There is no notification necessary you are traveling. (traveling, not moving) There is a form for when you move. I used to travel from CO to TX with just a suppressor and aside from declaring it at the airport like a firearm, there is no extra paperwork.

Wrap the suppressor in the paperwork and drive on... these people are wrong. There is no extra steps.


Yes, you are correct all around. BTW that's not the first time that he was wrong and unfortunately way too many people give him too much credit.
 
I travel with suppressors all the time, the response from the Gun Trust Lawyer is completely wrong, unless you are mis-stating your travel plans or I am just not understanding it. It requires nothing extra. Its the same as traveling with a regular firearm.

The suppressor is yours, you don't have to file anything to travel with it, only if you move to a new state.

I just traveled (Aug) from CO to OR to CT back to CO with my suppressor... did nothing different than declaring the firearm at the airport. There is no notification necessary you are traveling. (traveling, not moving) There is a form for when you move. I used to travel from CO to TX with just a suppressor and aside from declaring it at the airport like a firearm, there is no extra paperwork.

Wrap the suppressor in the paperwork and drive on... these people are wrong. There is no extra steps.

Well, except perhaps for New Jersey, which doesn't seem to have any compunctions about violating Volkmer-McClure on a regular basis by arresting people who get stuck in a layover and have to claim their "illegal" firearms and spend the night in a motel...or even some drivers. New Jersey cops don't think that particular federal law applies there.

In theory it's okay, but in practice one needs to be damned careful not to break any traffic laws in hostile states.

And that's one of the good things the BATFE has done, which is to eliminate the interstate pre-approval requirement for silencers. Still applies to SBR's, SBS's and machine guns, and other NFA items, but you can still give them a "yearly" notification of the states you intend to visit in the following year and they will authorize the transport pretty much at will. But you have to refile each year when it expires.

Silencers are good to go though...to legal states.
 
Travel With Suppressor

I have also been told differently, and that an ATF Form 5320.20 needed to be sent to the ATF for approval. The form specifically says firearms, but since suppressors are regulated by the NFA there may be something to it.

Here's the link to that form:
http://www.atf.gov/files/forms/download/atf-f-5320-20.pdf
Suppressors are 'firearms' under the Act. But yes, there is an exemption for them if you are traveling with them. Always check for the current state of the law before you travel.
 
I have also been told differently, and that an ATF Form 5320.20 needed to be sent to the ATF for approval. The form specifically says firearms, but since suppressors are regulated by the NFA there may be something to it.

Here's the link to that form:
http://www.atf.gov/files/forms/download/atf-f-5320-20.pdf
When in doubt read the instructions; it answers the question that suppressors are not listed so they are excluded from the form and not needed for interstate transportation. Please read "Instructions" top of page 2, item a.
 
It seems reasonable that you may want to CYA by filing the form to cover an entire year if you're traveling repeatedly to the same location; or if you're staying in the alternate state for an extended period of time. However, I have heard you need to allow plenty of time for the form to be processed; not certain about current timeframes.
 
It seems reasonable that you may want to CYA by filing the form to cover an entire year if you're traveling repeatedly to the same location; or if you're staying in the alternate state for an extended period of time. However, I have heard you need to allow plenty of time for the form to be processed; not certain about current timeframes.
I don't understand this thinking that it is better to fill out the form. The ATF does not require any notification what so ever for interstate travel for surpressors only. Come on give it up and accept that it is a waste of time and not necessary to fill out the 5320.20 form for surpressors. Only bogs down the system and causes undue paperwork for all involved.
 
There is a ton of wrong information out there but I plan on traveling with my suppressor state to state with a copy of my paperwork. Frankly if stopped by a LEO he is 99.9% unlikely to know if it is legal or not. Some/most won't care and may even be interested about shooting behind one but others, as someone pointed out earlier, will hassle you anyway so...that is just as likely to happen by an uninformed LEO in your home state.
 
There is a ton of wrong information out there but I plan on traveling with my suppressor state to state with a copy of my paperwork. Frankly if stopped by a LEO he is 99.9% unlikely to know if it is legal or not. Some/most won't care and may even be interested about shooting behind one but others, as someone pointed out earlier, will hassle you anyway so...that is just as likely to happen by an uninformed LEO in your home state.
The only paperwork you will need traveling with your suppressor is an approved Form 4 with tax stamp. You don't need a 5320.20 form for suppressors while traveling interstate.
 
There is a ton of wrong information out there but I plan on traveling with my suppressor state to state with a copy of my paperwork. Frankly if stopped by a LEO he is 99.9% unlikely to know if it is legal or not. Some/most won't care and may even be interested about shooting behind one but others, as someone pointed out earlier, will hassle you anyway so...that is just as likely to happen by an uninformed LEO in your home state.

True. The other thing to remember is to NEVER, EVER grant them permission to search your vehicle. They will try to talk you into it, but you can just respectfully decline to give them permission. Here's why they ask: If you GIVE them permission to search, then they can search EVERYTHING in the car, including closed containers, and you can't stop them once they start. And if they find (or plant) anything, you can't get it suppressed at trial because you consented to the search and I can guarantee THAT part of the dashcam tape will be introduced.

However, in order for them to search your vehicle without your permission they must have first, a lawful "reasonable, articulable suspicion" that the driver is violating some law, which can be anything from a broken taillight to a dirty license plate to, in one case, because the driver "did not look at the police officer at a stop light."

But after they have a legal reason to stop you they must have probable cause to believe that there is contraband in the vehicle before they can legally search it...or they must have your permission. Cops, especially Highway Patrol types, spend a lot of time learning how to be persuasive and dissembling. They will imply, without saying so, that they won't charge you for "minor stuff," which is a flat-out lie. Nothing they say to you binds them or prohibits them from arresting you for one marijuana seed they might find (or drop) in your car. Mexico is now arresting Americans who have so much as a single spent shell casing anywhere in their vehicle. They classify empty cases as "ammunition."

They will appeal to your patriotism, your good character and anything else they can think of to persuade you to say "okay" to their request to search. The whole point of this particular charade is to get you to give voluntary permission which will prevent you from having the fruits of an illegal search barred from trial

Here's the thing...if the cop has reasonable suspicion to stop you (and the most minor traffic offense like a license plate light or failing to signal a lane change counts) and they have probable cause to search your vehicle, (say they have a tip from an informant or they smell the odor of pot coming from the vehicle), they have the authority to search your car, and everything in it, WITHOUT your permission. It's called the "vehicle exception to the Fourth Amendment warrant requirement."

But the thing is, if you don't give them permission to search, and they search anyway, you can attack the RS for the stop and the PC for the search at trial (assuming you get arrested), and you might be able to show that they did not have proper probable cause to search the vehicle. But if you give them permission, even if you don't have anything to hide and are not carrying any contraband, you've just screwed yourself out of that defense.

And if you allow them into your car, and they drop dime-bag on you, you will play hell trying to challenge the search.

The best thing to try to do if they ask you to get out of the vehicle (some will, some won't) is to make sure the windows are up and then LOCK THE DOORS when you get out, and put the keys IN YOUR POCKET. That way they will have to have PC to search and seize the keys from YOU, and they also have to have PC to search the vehicle to be legal. If they just grab your keys, or break an entry into the car because you refuse to unlock it, you have that much more evidence of an illegal search and seizure.

Be polite, be respectful, but be firm. Never, ever give them permission to search even if you are perfectly legal. And lock up your NFA items in hard cases so there's no way they can argue you had access to them while driving. If they want to search, they will, with or without your permission.

If we don't defend our 4th Amendment rights, we'll lose them.
 
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Travel With Suppressor

Altnews,

You are giving legal advice on a public forum.

And you are wrong, so wrong on so much of it.

Kindly stop, before someone either listens to your advice and follows it, or complains that you are practicing law without a license.

Better yet, delete the garbage you posted above, stay a while with mouth shut and ears open, and maybe learn something.
 
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The FFL Dealer part is flat out wrong. Think about it, that would be considered a Class 3 item transfer so you'd have to pay the tax and wait the god aweful amount of time(I think the only exemption to that is service).....and then it would no longer be your Class 3 item in the eyes of the ATF.


Not really. It's not a transfer unless you apply for the form 4. Then for him it would be an unnecessary move. If you are driving, you can take it with you as long as you are not stopping overnight in a non friendly state.
Make sure to take your paperwork! If you use a trust, take a copy and keep it in your bag. You never know when you may need it. You can ship a suppressor to a licensed shop for repairs. But sending it to an FFL holder so you can move it state to state is one of the dumbest things I have heard lately!!!!!

If you are flying..... put it in a hard case and put in a pistol or something. Check it as a firearm in which you have the only key to.
 
Altnews,

You are giving legal advice on a public forum.

And you are wrong, so wrong on so much of it.

Kindly stop, before someone either listens to your advice and follows it, or complains that you are practicing law without a license.

Better yet, delete the garbage you posted above, stay a while with mouth shut and ears open, and maybe learn something.

He was a "detective" too. Full of useless and baseless information on NFA conduct.

Do not follow his advice in this thread. It boarders on tin foil helmet wearing paranoia.