Anybody have an idea what the steps are to get permission to carry an SBR across state lines? To family property?
SBR transport across state lines?
- Thread starter rebelmatt79
- Start date
Re: SBR transport across state lines?
check out ATF form 5320.
I believe it must be submitted and approved before you can cross state lines with a SBR or MG.
check out ATF form 5320.
I believe it must be submitted and approved before you can cross state lines with a SBR or MG.
Re: SBR transport across state lines?
5320.20 is good for up to one year, when filling one out put the end date 364 days from the start date, that way you are covered for any time in that time frame that you want to travel to that state.
5320.20 is good for up to one year, when filling one out put the end date 364 days from the start date, that way you are covered for any time in that time frame that you want to travel to that state.
Re: SBR transport across state lines?
I also seem to recall hearing the form doesn't need to be approved before you go, just submitted. I may have remembered that wrong though, so you should check for yourself.
I also seem to recall hearing the form doesn't need to be approved before you go, just submitted. I may have remembered that wrong though, so you should check for yourself.
Re: SBR transport across state lines?
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: rebelmatt79</div><div class="ubbcode-body">Anybody have an idea what the steps are to get permission to carry an SBR across state lines? To family property?</div></div>
would you really trust those who post here? Would you really bet your freedom on them? As stated above a 5320.20 is the correct form, but you can always contact your local atf office.
Click here to learn how to find a local atf office.
<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: rebelmatt79</div><div class="ubbcode-body">Anybody have an idea what the steps are to get permission to carry an SBR across state lines? To family property?</div></div>
would you really trust those who post here? Would you really bet your freedom on them? As stated above a 5320.20 is the correct form, but you can always contact your local atf office.
Click here to learn how to find a local atf office.
Re: SBR transport across state lines?
....right on the money, Lazy 21, and furthermore I wouldn't trust that the clown on the phone at your local BATF office knows the law. Maybe a good idea is to get him to email you the law so you can see what it says. His interpretation of it based on his level of reading comprehension might be off.
Another way to find out what the law is is to look it up. Finding the United States Code Annotated is easy. USCA is the Federal statutory law written by Congress. It is THE law on federal matters.
Generally, the US Supreme Court and US Appeals Courts hear appeals and apply the facts of USDistrict court cases to statutory law in an effort to harmonize statutory law with facts - deciding whether Congress has written a statute that comports with the US Constitution, and in criminal cases, prosecuting those of us who a US Attorney has accused of offending a federal criminal statute, for example. Annotations are appellate court decisions, an effort to settle a disagreement about what the law means and how the trial court applied it. Decisions are stories, in a way, written by the SC and the AC's to guide us in applying that statute to those facts in future cases. We call it "case law" and "Jurisprudence" among other terms.
Try USCA, Firearms, Transportation, Interstate Transportation of, for example, and then maybe a case or two that explains what happened on the road that day.
Yet the best way to find out what the law is is to pay for it. Ask a lawyer to find out for you and pay him for doing the work. That will be cheaper than getting pulled over for speeding, having a rookie trooper just trying to do an extra good job, asking you every question he can think of, and you trying to abide by the law and trying to tell him everything you can think of which will include you have a weapon and your going across state lines to see Uncle Johnny and now he gets a silver star by his name for the charge under USCA - your trip may be delayed by weeks, or at least hours....and THEN you'll need that lawyer to find a lawyer in the state where you were arrested at which point that one will charge you out the butt because of the Federal charge and your not local......... This is sounding like a $15,000 mess if caught in terms of total economic inconvenience. The legal fee is probably 10k.
These are mere musings - Not legal advice although I am a lawyer. But it is simply a matter of "An ounce of prevention.........".
Another idea; mail the gun. Or mail the bolt. If it isn't a whole, functional firearm, is isn't a firearm under that law...used to be - but check current status of the law.
P.S. We lawyers are excellent at telling others how to take care of their business, but we're terrible at taking care of our own.
....right on the money, Lazy 21, and furthermore I wouldn't trust that the clown on the phone at your local BATF office knows the law. Maybe a good idea is to get him to email you the law so you can see what it says. His interpretation of it based on his level of reading comprehension might be off.
Another way to find out what the law is is to look it up. Finding the United States Code Annotated is easy. USCA is the Federal statutory law written by Congress. It is THE law on federal matters.
Generally, the US Supreme Court and US Appeals Courts hear appeals and apply the facts of USDistrict court cases to statutory law in an effort to harmonize statutory law with facts - deciding whether Congress has written a statute that comports with the US Constitution, and in criminal cases, prosecuting those of us who a US Attorney has accused of offending a federal criminal statute, for example. Annotations are appellate court decisions, an effort to settle a disagreement about what the law means and how the trial court applied it. Decisions are stories, in a way, written by the SC and the AC's to guide us in applying that statute to those facts in future cases. We call it "case law" and "Jurisprudence" among other terms.
Try USCA, Firearms, Transportation, Interstate Transportation of, for example, and then maybe a case or two that explains what happened on the road that day.
Yet the best way to find out what the law is is to pay for it. Ask a lawyer to find out for you and pay him for doing the work. That will be cheaper than getting pulled over for speeding, having a rookie trooper just trying to do an extra good job, asking you every question he can think of, and you trying to abide by the law and trying to tell him everything you can think of which will include you have a weapon and your going across state lines to see Uncle Johnny and now he gets a silver star by his name for the charge under USCA - your trip may be delayed by weeks, or at least hours....and THEN you'll need that lawyer to find a lawyer in the state where you were arrested at which point that one will charge you out the butt because of the Federal charge and your not local......... This is sounding like a $15,000 mess if caught in terms of total economic inconvenience. The legal fee is probably 10k.
These are mere musings - Not legal advice although I am a lawyer. But it is simply a matter of "An ounce of prevention.........".
Another idea; mail the gun. Or mail the bolt. If it isn't a whole, functional firearm, is isn't a firearm under that law...used to be - but check current status of the law.
P.S. We lawyers are excellent at telling others how to take care of their business, but we're terrible at taking care of our own.
Re: SBR transport across state lines?
Rebelmatt,
Do yourself a huge favor and do NOT take a NFA weapon out of state until you have a much better idea of what you are doing with reference to Federal Law. Casey Simpson, despite being a lawyer apparently, is badly mistaken in his definition of a firearm and mailing the weapon is NOT a way around NFA regulations. This particular subject is more difficult than it should be but that is neither here nor there.
Get the form, talk to the ATF, keep notes of who you talked to and when, read the applicable statutes and only IF you feel good about the situation would I then consider transporting the firearm. At the least, if you do the above you will have demonstrated a willingness to comply with the law and that will go far in the rare circumstance that you run into troupble.
P.S. No offense to the lawyer above but a little bit of knowledge (even though you qualified it with "used to be - but check current status of the law.") is bound to be taken with weight when you state you are a lawyer. A "firearm" is going to be the receiver of the weapon, with respect to a SBR, regardless of what else is with it. You can get cute by disassembling the weapon but if it is determined that you have shipped additional parts with the INTENT to reassemble the firearm elsewhere... I think even a non-lawyer can see where this is going.
Rebelmatt,
Do yourself a huge favor and do NOT take a NFA weapon out of state until you have a much better idea of what you are doing with reference to Federal Law. Casey Simpson, despite being a lawyer apparently, is badly mistaken in his definition of a firearm and mailing the weapon is NOT a way around NFA regulations. This particular subject is more difficult than it should be but that is neither here nor there.
Get the form, talk to the ATF, keep notes of who you talked to and when, read the applicable statutes and only IF you feel good about the situation would I then consider transporting the firearm. At the least, if you do the above you will have demonstrated a willingness to comply with the law and that will go far in the rare circumstance that you run into troupble.
P.S. No offense to the lawyer above but a little bit of knowledge (even though you qualified it with "used to be - but check current status of the law.") is bound to be taken with weight when you state you are a lawyer. A "firearm" is going to be the receiver of the weapon, with respect to a SBR, regardless of what else is with it. You can get cute by disassembling the weapon but if it is determined that you have shipped additional parts with the INTENT to reassemble the firearm elsewhere... I think even a non-lawyer can see where this is going.
Re: SBR transport across state lines?
Calling the gal in Oxford, MS tomorrow but from what I have gathered the 5320.20 form and an OK from her (in writing)is all I need.
Calling the gal in Oxford, MS tomorrow but from what I have gathered the 5320.20 form and an OK from her (in writing)is all I need.
Re: SBR transport across state lines?
She will square you away I am sure. If there is any confusion PM me and I can help more. FYI, the form has to go to the NFA branch in VA and not to your local office to be signed.
Quick story with a point to this:
I was scheduled to travel over to Paul Howe's for a class earlier this year (Feb.) so I submitted the form to be signed in November of 2010 (120 days early) so I could take my suppressor with me. Never heard back from ATF so I didn't take it. While I was at the class I get a call on my cell from NFA Branch asking if I still wanted the form signed and returned? I laughed for awhile and then told the nice lady that I was already across state lines withOUT the item I had requested to transport. She asked what I wanted her to do with the form then and I told her to mail it back. She asked why and I told her that I wanted it for evidence when I told this story later. She was not amused but did return the form. As I understand it, they are supposed to approve and return the form in no more than 30 days. So check on it's progress once you mail it in.
She will square you away I am sure. If there is any confusion PM me and I can help more. FYI, the form has to go to the NFA branch in VA and not to your local office to be signed.
Quick story with a point to this:
I was scheduled to travel over to Paul Howe's for a class earlier this year (Feb.) so I submitted the form to be signed in November of 2010 (120 days early) so I could take my suppressor with me. Never heard back from ATF so I didn't take it. While I was at the class I get a call on my cell from NFA Branch asking if I still wanted the form signed and returned? I laughed for awhile and then told the nice lady that I was already across state lines withOUT the item I had requested to transport. She asked what I wanted her to do with the form then and I told her to mail it back. She asked why and I told her that I wanted it for evidence when I told this story later. She was not amused but did return the form. As I understand it, they are supposed to approve and return the form in no more than 30 days. So check on it's progress once you mail it in.
Re: SBR transport across state lines?
JB, you must have skipped over my words:
"These are mere musings - Not legal advice"
"Yet the best way to find out what the law is is to pay for it. Ask a lawyer to find out for you"
"Do yourself a huge favor and do NOT take a NFA weapon out of state until you have a much better idea of what you are doing"
-This is the essence of my advice so your shooting across my bow is inappropriate, hasty and unprovoked.
JB, you must have skipped over my words:
"These are mere musings - Not legal advice"
"Yet the best way to find out what the law is is to pay for it. Ask a lawyer to find out for you"
"Do yourself a huge favor and do NOT take a NFA weapon out of state until you have a much better idea of what you are doing"
-This is the essence of my advice so your shooting across my bow is inappropriate, hasty and unprovoked.
Re: SBR transport across state lines?
make sure to get an answer in writing from the ATF legal branch, most of the ATF agents a spoke to were very good at being useless on a legal standpoint.
cheers.
make sure to get an answer in writing from the ATF legal branch, most of the ATF agents a spoke to were very good at being useless on a legal standpoint.
cheers.
