Land locked?

[plodder]

Supposing I live in a free state and I am the Trustor of a Trust that owns a machine gun. Then suppose I want to participate in an event in another free state using said machine gun. Then suppose that all adjacent states to mine prohibit machine guns.

I know I would need to file for a Form 5320.20 in order to take the machine gun out of my state, but is there any way I could legally drive to the event with the machine gun in my possession? Or would I have to ship it from a NFA dealer in my state to a NFA dealer in the state where the event is held, pick it up there to participate in the event, then have it shipped back to a NFA dealer in my state?

Yes, looking for a little free legal advice here.

 

[medalguy]

I'm not sure about driving it but I would think FOPA would cover you. I do know you can't ship a Title II item to anyone else without transferring it via Form 4 first. I've carried across state lines frequently but never into/through unfriendly states.

Anyone else done this? An interesting question. I suppose you could (and should) call the BATFE Technical Branch for an answer. Internet forums are not known for accurate and binding legal advice.

 

[GE-Mini-Gun]

If your 5320 has the address you are going to, put it in the car along with your Trust and hit the road...you can pass through any state as long as your end destination is legal. There is some "gray" area on stopping in the prohibited state even for gas...I WOULD NOT stay overnight...I would go straight through. If you get pulled over it will be interesting for you to say the least.

 

[Swing]

Text of 18 U.S. Code § 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.

The NRA also has a short guide here. Cheers.

 

[Arizona_Mike]

One should carefully check definitions to see what "Firearms" are in every statute. Some statutes may not apply to Title II firearms.

The right to travel has been ruled a bar to prosecution/conviction but not a bar to attest. Courts have said knowing/researching the law in the source and destination state is too great a burden on law enforcement (but not prosecutors).

That said, if you have a form 5320.20, you are pretty safe from a practical standpoint.

Mike

 

[mboylan]

You are covered by the FOPA, provided that you just pass through the state.