Suppressors Crossing State Lines With NFA Items

[jakhamr81]

Anyone know what the laws are for transporting NFA items across state lines are? I will be driving across a couple of states to my destination state; all states are NFA friendly. I would be staying in my destination state for only a couple of weeks, and then back home.

 

[Mr blasty]

Re: Crossing State Lines With NFA Items

TAG

 

[Bacarrat]

Re: Crossing State Lines With NFA Items

Fill out the form 20 and fax it in to the ATF. The approval should take a couple of weeks. And I believe you can travel with a suppressor or a AOW preapproval when you sent in your form 20. You can do it for a whole year.
http://www.atf.gov/forms/download/atf-f-5320-20.pdf

 

[jakhamr81]

Re: Crossing State Lines With NFA Items

Thank you much, that is what I needed.

 

[csi:cyberspace]

Re: Crossing State Lines With NFA Items

You don't need anything from BATFE for a suppressor. SBR, SBS, full autos, and some destructive devices - yes. But nothing for a suppressor. All state laws must be observed.

 

[coldboremiracle]

Re: Crossing State Lines With NFA Items

Thats what I thought, MG's, SBR's and such need authorization, but with just a suppressor I thought you could go anywhere as long as you follow local laws.

 

[jakhamr81]

Re: Crossing State Lines With NFA Items

I would be transporting a suppressor and SBR, so I will need the approval.

Now just out of curiosity, what laws must a shipping company adhere to when delivering an NFA item? Obviously UPS is not going to drive around a state that outright bans NFA items when they need to drive through that state to reach the end destination. I am assuming this would fall under some other interstate commerce law. Any body have any idea?

 

[jbgleason]

Re: Crossing State Lines With NFA Items

I guess I learned something here since I previously thought you needed approval to travel with a suppressor. Funny part is I have submitted the 5320.20 for travel with a suppressor previously and they have approved it. But reading the form it doesn't appear it is needed.

As far as faxing the form in, I have done this previously but on my most recent trip NFA refused to accept it by fax. Just another case of them not knowing their own rules I guess.

My primary question is this though: Does anyone have any statutory or regulatory quote that supports the oft-stated "the form is good for a year" statement? I see that statement above and also in another thread in the last few days. The back of the form states: "d. The original of ATF Form 5320.20 will be returned to the registered owner. Approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3." Item 3 on the front of the form asks for "3. Dates firearm(s) will be away from original location, if to be returned to that location, (or dates in transit, if to be permanently relocated)." This would seem to indicate a specific and not open ended period.

 

[onajoyride]

Re: Crossing State Lines With NFA Items

Thats typical government speed. Its ridiculous that we even have to "ask" permission to use our stuff.

 

[JTR]

Re: Crossing State Lines With NFA Items

The 1986 GOPA covers you when traveling <span style="font-weight: bold">through</span> non-NFA friendly states I moved my stuff from Arizona to Oregon through Kalifornia - don't get to stop and shoot in KA, but they don't have the authority* to keep you from traveling <span style="font-style: italic">through</span> as long as you point or origin and destination are "friendly." *The argument if KA <span style="font-style: italic">thinks</span> they have the authority and would indeed take all your toys and throw you in jail is an entirely different thing – I believe they most certainly would.

Per ATF you can move a suppressor without a Form 5320.20

Will need to have an approved 5320.20 to take a registered SBR across state lines WITH the short barrel on it. However (and I just learned about this myself) you can have it in "non-NFA configuration" (16+ inch barrel and 26+ OAL) and take it as a non-NFA item... no 5320.20 needed.

 

[Downzero]

Re: Crossing State Lines With NFA Items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JTR</div><div class="ubbcode-body">
Will need to have an approved 5320.20 to take a registered SBR across state lines WITH the short barrel on it. However (and I just learned about this myself) you can have it in "non-NFA configuration" (16+ inch barrel and 26+ OAL) and take it as a non-NFA item... no 5320.20 needed.
</div></div>

I don't think that's correct. You should probably make sure you have some sort of letter from the ATF allowing this.

 

[JTR]

Re: Crossing State Lines With NFA Items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Downzero</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JTR</div><div class="ubbcode-body">
Will need to have an approved 5320.20 to take a registered SBR across state lines WITH the short barrel on it. However (and I just learned about this myself) you can have it in "non-NFA configuration" (16+ inch barrel and 26+ OAL) and take it as a non-NFA item... no 5320.20 needed.
</div></div>

I don't think that's correct. You should probably make sure you have some sort of letter from the ATF allowing this. </div></div>
I didn't think it was correct at first either, found it on their website ...was proven wrong. Just can not <span style="font-style: italic">retains control over the parts required to assemble the SBR or SBS</span>

Per ATF: http://www.atf.gov/firearms/faq/national-firearms-act-short-barreled-rifles-shotguns.html

 

[Short-bus]

Re: Crossing State Lines With NFA Items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: JTR</div><div class="ubbcode-body">The 1986 GOPA covers you when traveling <span style="font-weight: bold">through</span> non-NFA friendly states I moved my stuff from Arizona to Oregon through Kalifornia - don't get to stop and shoot in KA, but they don't have the authority* to keep you from traveling <span style="font-style: italic">through</span> as long as you point or origin and destination are "friendly." *The argument if KA <span style="font-style: italic">thinks</span> they have the authority and would indeed take all your toys and throw you in jail is an entirely different thing – I believe they most certainly would.

Per ATF you can move a suppressor without a Form 5320.20

Will need to have an approved 5320.20 to take a registered SBR across state lines WITH the short barrel on it. However (and I just learned about this myself) you can have it in "non-NFA configuration" (16+ inch barrel and 26+ OAL) and take it as a non-NFA item... no 5320.20 needed.
</div></div>

That's good to know. I was concerned that on the way to some matches that I would have to divert around Illinois while transporting a suppressor. Good to know that I can drive through with some legal protection, even if I were arrested and had to go through the hassle of proving my innocence while being presumed guilty.

Anyone know of any cases where GOPA '86 was cited in a case like that?

Branden

 

[300WSM]

Re: Crossing State Lines With NFA Items

I don't know if I would want to take the chance of traveling through with a can.

 

[Short-bus]

Re: Crossing State Lines With NFA Items

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 300WSM</div><div class="ubbcode-body">I don't know if I would want to take the chance of traveling through with a can.

</div></div>

The alternative (at least in my case) is a 4-5 hour detour to the south to come back up to the north. When you are driving 9+ hours already going through Illinios, another 4 hours is not what you want. I could always create a hidden compartment in the car? lol.

Branden

 

[300WSM]

Re: Crossing State Lines With NFA Items

the thing is while you might be on the right side of the law. ya think the local cops gonna know it? I seriously doubt it. So they gonna hold yer ass til they figure it out. And hopefully it's not a weekend!

I'd just get the permission form just to have it on hand JUST IN CASE

 

[nmmi9100]

Re: Crossing State Lines With NFA Items

No reason to get a form to travel with a suppressor. Read the form. Doesn't include suppressors on the damn form.

Fine as Long as it's legal where you go.

-David