NFA item.... traveling to other states and back home...

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Texasgrillchef

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I am confused on the law when it comes to taking your suppresser &/or SBR/SBS with you to other states and returning home.

Let’s assume for simplicity. That the state or states we visit, travel through etc are legal to own and posses any SBR/SBS and/or Suppressor that I may have with me when traveling.

If I am not conducting commercial business but this is for my own personal use in all legal and lawful uses. Are there any forms I am required to file with the ATF etc? How long do these forms take on average to approve? Or is simple notification all that is required? Because most of my travel is last minute and is not known till as little as 3 to 4 days in advance. Sometimes not even that if it’s an emergency.
 
Yes you are supposed to get permission from the BATFE before you cross state line with certain NFA items. See pdsmith's excellent post below
 
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Texasgrillchef said:
I am confused on the law when it comes to taking your suppresser &/or SBR/SBS with you to other states and returning home.

Let’s assume for simplicity. That the state or states we visit, travel through etc are legal to own and posses any SBR/SBS and/or Suppressor that I may have with me when traveling.

If I am not conducting commercial business but this is for my own personal use in all legal and lawful uses. Are there any forms I am required to file with the ATF etc? How long do these forms take on average to approve? Or is simple notification all that is required? Because most of my travel is last minute and is not known till as little as 3 to 4 days in advance. Sometimes not even that if it’s an emergency.
Click to expand...

The form you need is the 5320.20 (https://www.atf.gov/file/11361/download). The instructions on the back state which NFA firearms require permission, namely: SBRs, SBSs, MGs, and DDs.

1KPerDay said:
Yes you are supposed to notify BATFE whenever you cross state line with an NFA item.
Click to expand...

Silencers and AOWs do not require permission to transport across state lines. Reference 19 USC 922 (a) (4):

(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;
Click to expand...

You can submit them by mail, fax, or e-mail. E-mail has taken approximately 2-3 weeks in the past. I file one for my parent's house every year that goes from 1 August of the current year to 31 July of the next year.

National Firearms Act Branch
Director, Bureau of Alcohol, Tobacco, Firearms and Explosives,
244 Needy Road, Martinsburg, WV 25405

(304) 616-4501

[email protected]
 
I wonder if their is a limit on the 1 year pass type thing? There are many places i travel to and back on a regular basis. I could get one of those year long passes for each one of them. About 16 in total.
 
Texasgrillchef said:
I wonder if their is a limit on the 1 year pass type thing? There are many places i travel to and back on a regular basis. I could get one of those year long passes for each one of them. About 16 in total.
Click to expand...

There is no limit to the number of concurrent approved 5320.20's you may have. You have to fill in a destination address on each form, but you aren't limited to that specific address in the state.

In general, the ATF wouldn't approve a 5320.20 for a normal person to the following states because the NFA firearms that you have to file a 5320.20 for aren't legal there: HI, CA (in practice), IL, NJ, NY, RI, and DC.

CA requires a dangeous weapon permit... which you aren't gonna get.
IL and NY do allow certain destructive devices under certain circumstances
IL aslo allows Curios & Relic SBR's with a C&R licence.
 
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pdsmith505 said:
There is no limit to the number of concurrent approved 5320.20's you may have. You have to fill in a destination address on each form, but you aren't limited to that specific address in the state.

In general, the ATF wouldn't approve a 5320.20 for a normal person to the following states because the NFA firearms that you have to file a 5320.20 for aren't legal there: HI, CA (in practice), IL, NJ, NY, RI, and DC.

CA requires a dangeous weapon permit... which you aren't gonna get.
IL and NY do allow certain destructive devices under certain circumstances
IL aslo allows Curios & Relic SBR's with a C&R licence.
Click to expand...

Of course, but like I originally said I’d be going to states where they are legal.

I am actually boycotting states like ca, hi, no, ny, ri and a couple of others I try to do as little business as I can with those companies from those states, and none of them will ever earn a penny of my tourist dollars.
 
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