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Suppressors Traveling Interstate with a Suppressor

Smokin

Sergeant
Supporter
Full Member
Minuteman
Jun 20, 2007
528
11
Houston, Texas
For those of you who travel with a Suppressor Interstate for competition, do you need to notify the ATF?
 
Re: Traveling Interstate with a Suppressor

You are not required to notify ATF of an Interstate Silencer move, either temporary or permanent, you just have to be going from 1 locality where it is legal to another locality where it is legal.

You can file a 5320.20 and they will approve it for an Interstate Silencer move, but it is not required.
 
Re: Traveling Interstate with a Suppressor

That is correct, just remember that state you cross must be legal. No passing through state that prohibits them like California
 
Re: Traveling Interstate with a Suppressor

And there are plenty of weird loophole laws to look out for. I know that Washington State allows you to "own" a suppressor, you just can't fire it in the state. You need to go to Idaho, or Oregon.

I guess the question begs to be asked, if a suppressed weapon is fired in the woods, does it really get fired?
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 427Cobra</div><div class="ubbcode-body">You cannot take it back to PRK! </div></div>

However, if you fly with a suppressor in your checked luggage and you have a connecting flight at and airport in CA, your legit since its just a stop over.

CJG
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: stan462</div><div class="ubbcode-body">That is correct, just remember that state you cross must be legal. No passing through state that prohibits them like California </div></div>
Do you have some written evidence of that? My understanding is that FOPA provides for safe passage even through off-limits states, which is why you can drive through NY with an AR-15 if you're headed for Vermont. I am unaware of anything saying that FOPA does not apply to NFA weapons.
 
Re: Traveling Interstate with a Suppressor

A silencer is, for this purpose, a firearm, and the FOPA does apply.

18 USC 926A Interstate transportation of firearms - Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver's compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
 
Re: Traveling Interstate with a Suppressor

For Lindy's info above I read it as the firearm/suppressor had better be in the trunk. If you don't have a trunk or want it to be in the back seat, it'd better be locked in a secure hard case.
 
Re: Traveling Interstate with a Suppressor

Well, you can't actually shoot the suppressor. But if it's attached to the rifle, you'd certainly want it locked up in accordance with that section.
 
Re: Traveling Interstate with a Suppressor


"Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof,"

Wouldn't this statement imply that if a state or city had an law or reg that prevents it you might have to argue your case before a judge while they admire you silencer in the evidence room? I'd get something in writing from the state in question just to be safe. But I ain't a lawyer either.
JH
 
Re: Traveling Interstate with a Suppressor

When dealing with firearms issues, there is always some probability that you will have to deal with a L.E. officer or agency which doesn't know the law. I suspect most police officers have never heard of 18 USC 926a.

Unless, though, you're in the habit of speeding, the probability that you're going to encounter a L.E. officer on a trip is pretty low, and lower still that he or she is going to want to or have cause to search your vehicle.
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Lindy</div><div class="ubbcode-body">When dealing with firearms issues, there is always some probability that you will have to deal with a L.E. officer or agency which doesn't know the law. I suspect most police officers have never heard of 18 USC 926a.

Unless, though, you're in the habit of speeding, the probability that you're going to encounter a L.E. officer on a trip is pretty low, and lower still that he or she is going to want to or have cause to search your vehicle.
</div></div>

You've never met the CHP then have you
laugh.gif


I would suggest you check with the state also (and provide them a copy of the reg Lindy posted) just for your own personal safety and have a copy or two of the laws/regs with you.
It might save you some headaches if something does go wrong, or you meet the one guy who had a bad day.

Just my .02



Lindy,
Looking at this I have to agree with you. Unless Websters definitions are failing. So if I purchased a suppressor how much of a pain is it for me whenever I move? Being that I am active duty military I move about every 2-3 years?
Or does this only cover travel? Is there some other requirements outside of the tax stamp? I'm a resident of Texas but reside or have resided in a few states such as GA, TN, AR, KS, CA. The only reason I haven't bought one yet is that I am unsure of the laws regarding suppresors and me moving around.

Thanks,
Stefan
 
Re: Traveling Interstate with a Suppressor

So basically if I'm going hunting in Montana this October, I can drive up there with my suppressor without having to notify the ATF correct? Thanks.
 
Re: Traveling Interstate with a Suppressor

that's my understanding,
you do not need to submit Form 5320.20 to transport suppressors or AOW's.

Machine guns, SBSs, SBRs, and DDs all require Form 5320.20 to transport across state lines.

Also, if you have a C&R FFL and are transporting a C&R gun, you do not need to submit this form.
 
Re: Traveling Interstate with a Suppressor

While you might not need the 5320.20 it is handy to have to show if you are stopped and the suppressor is found by LEO. Having documentation from ATF can be useful...
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rem700p</div><div class="ubbcode-body">So basically if I'm going hunting in Montana this October, I can drive up there with my suppressor without having to notify the ATF correct? Thanks. </div></div>

Don't know what you plan on hunting in Montana with a suppressor.....it's not legal to hunt with a suppressor in Montana. It's not even legal to have one in your vehicle while hunting.

Tried to get that changed during the last legislature, will try again during the next...
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: mtmisfit</div><div class="ubbcode-body"><div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Rem700p</div><div class="ubbcode-body">So basically if I'm going hunting in Montana this October, I can drive up there with my suppressor without having to notify the ATF correct? Thanks. </div></div>

Don't know what you plan on hunting in Montana with a suppressor.....it's not legal to hunt with a suppressor in Montana. It's not even legal to have one in your vehicle while hunting.

Tried to get that changed during the last legislature, will try again during the next... </div></div>

More of just a "what if" question. I won't even have my suppressor by then. Will be starting the process next month to get one though.
 
Re: Traveling Interstate with a Suppressor

The question is, can I use a can in a state I do not reside in but is legal to possess in that state?

I worry about traveling, concern about airports and TSA screeners in the back seeing it and well never see it again.
 
Re: Traveling Interstate with a Suppressor

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 45.308</div><div class="ubbcode-body">The question is, can I use a can in a state I do not reside in but is legal to possess in that state?
</div></div>

Yes, providing it is legal to use in that state. (Washington, you can possess but not use)