Class III out of state?

[halfmoonclip]

A simple question...
Am I restricted taking an SBR out of state?
Thnx,
Moon

 

[MachIVshooter]

Not restricted, but you need to file form 5320.20 for each state you will travel to, and cannot take it into a state where they are prohibited.

 

[halfmoonclip]

MachIV, that's what I thought I remembered, tho' I'd heard they lightened up on that requirement.
Thnx.
Moon

 

[dogtown tom]

MachIV, that's what I thought I remembered, tho' I'd heard they lightened up on that requirement.
Thnx.
Moon

They have not.
https://www.atf.gov/firearms/docs/f...rily-export-certain-nfa-firearms-atf/download

 

[Sgt_Mike1]

Not restricted, but you need to file form 5320.20 for each state you will travel to, and cannot take it into a state where they are prohibited.

On my first read I was Like WRONG ....... my thought was that he was implying a form for each state traveled through (he is not).... but YES MachIV is correct the Key is you travel To (aka destination ), not each state traveled through if by a privately owned wheeled vehicle. And YES avoid the 4 states that do not allow SBR's as a destination. Provided you have entered a return date you will not need a separate form to come back home.
I just felt the need to agree with MachIV on his reply

 

[GaryNC]

On my first read I was Like WRONG ....... my thought was that he was implying a form for each state traveled through (he is not).... but YES MachIV is correct the Key is you travel To (aka destination ), not each state traveled through if by a privately owned wheeled vehicle. And YES avoid the 4 states that do not allow SBR's as a destination. Provided you have entered a return date you will not need a separate form to come back home.
I just felt the need to agree with MachIV on his reply

I would like to change the part about privately owned wheeled vehicle to just privately owned vehicles. Some of us own aircraft and have used our privately owned aircraft to transport firearms.

 

[Sgt_Mike1]

LOL I used wheeled vehicle as a example because a person is actually on the ground and can be pulled over en-route for a infraction of say a broken or out tail light... unlike a aircraft they wait until they land. or even if some one traveled by waterway
either way you look at it is correct. ground air or by water this even covers commercial it doesn't matter How you transport only that you have approval to do so. Now the form does require you to state / declare IF traveling by personal or a carrier conveyance.
But Gary you do bring up a good point it is legal to transport by plane your SBR / NFA item

 

[45/30-06OKIE]

I always thought the part where it talks about "interstate commerce" means it only applies to FFLs??

 

[dogtown tom]

I always thought the part where it talks about "interstate commerce" means it only applies to FFLs??

FFL/SOT's don't have to fill out the 5320.20 when traveling interstate with NFA firearms. See paragraph c. below.

"Interstate commerce" doesn't mean only the sale of an item, but transportation as well.

478.28 Transportation of destructive devices and certain firearms.
a.The Director may authorize a person to transport in interstate or foreign commerce any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, if he finds that such transportation is reasonably necessary and is consistent with public safety and applicable State and local law. A person who desires to transport in interstate or foreign commerce any such device or weapon shall submit a written request so to do, in duplicate, to the Director. The request shall contain:

1.A complete description and identification of the device or weapon to be transported;

2.A statement whether such transportation involves a transfer of title;

3.The need for such transportation;

4.The approximate date such transportation is to take place;

5.The present location of such device or weapon and the place to which it is to be transported;

6.The mode of transportation to be used (including, if by common or contract carrier, the name and address of such carrier); and

7.Evidence that the transportation or possession of such device or weapon is not inconsistent with the laws at the place of destination.

b.No person shall transport any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle in interstate or foreign commerce under the provisions of this section until he has received specific authorization so to do from the Director. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms.

c.This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles in interstate or foreign commerce: Provided, That in the case of a licensed importer, licensed manufacturer, or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 479 of this chapter) and this part to engage in the business with respect to the device or weapon to be transported, and that in the case of a licensed collector, the device or weapon to be transported is a curio or relic.

 

[Varminterror]

I'd heard they lightened up on that requirement.

There were rumors a few years ago that I recall, which claimed the 5320.20 process had been changed from "asking permission" to "giving notification," so folks were saying we didn't have to wait for acknowledgement and we didn't have to even get approval, and the loudmouths among the discussion would bang the "if it's just notification, why give notice?" drum, but it seems that entire rumormill was less than accurate.

 

[JeffG]

No derail intended. Does this apply to silencers?

 

[GaryNC]

No derail intended. Does this apply to silencers?

No.

 

[JeffG]

Thanks