Do I need to get any special premission from the ATF to cross a state line with a SBR just to go shooting at a range in another state? Been getting different answers. Any info would be apprieciated. Thanks
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Do I need to get any special premission from the ATF to cross a state line with a SBR just to go shooting at a range in another state? Been getting different answers. Any info would be apprieciated. Thanks
Yes.
1) SBRs will have to be legal in the state inwhich you intend to take the SBR.
2) You'll need an approved 5320.20 form.
As stated, the answer is a definite "yes," and this is a very big deal, should you be caught across state lines without an approved 5320.20. Approved is the operative word here, as notification in and of itself will not suffice.
It's not a particularly difficult process, but it does take at least couple of weeks and you'll need to go through it every time you plan on taking a restricted weapon out of state, since there is no such thing as a blanket permission slip for an unspecified period of time. ATF needs to know where the weapon will be, and when it will be there. You'll also need to be mindful of transport and storage requirements when you get to your destination, but this sort of goes without saying.
Chief
I think you could also find some states simply say NO. There is one state that I know you can't even bring certain mags........:mad: Handgun mags included.
As a general rule, BATF isn't going to approve a 5320.20 requesting travel to a state that restricts ownership of the weapon in question (i.e. machinegun, BSR/SBS, AOW, suppressor, destructive device, etc.).
Chief
Your statement is mostly true, with one exception:
The BATFE/NFA Branch will approve 5320.20's for up to one year to another state.
I just did two for Moyock, NC from Sept 10th, 2008 through Sept 10th, 2009.
Therefore, they will issue a blanket 5320.20 for interstate travel, but according to most, only for up to one year.
Not questioning the clarification, but that is not something with which I am familiar, as it was my (admittedly dated) experience that they wanted to know if it was a permanent relocation, and if not, which actual date(s) the weapon would be in transit or at the alternate location specified on the form.
Are you suggesting that BATF is approving 5320.20s for specified dates up to a year in advance ...
... or that they are giving carte blanche for relatively unrestricted travel (in and out on the dates of your choosing) to a specified state for a period of one year?
The former would be consistent with past application of the policy, but I've never heard of the latter.
Chief
Thanks for all the info really clears things up for me.
Good to know, thanks!
I learned most of my Class III savvy as a customer of Dan Shea's (of Machine Gun News and Small Arms Review fame) back in the late 80s/early 90s, but I'm glad to hear that BATF is making some reasonable accommodation for frequent fliers. :)
Chief
1) My 5320.20 was sent off 9/17 and received back in the mail 9/25, approved on 9/23. Yes that's AZ to WV and back to AZ in 8 days, of course I sent the 5320.20 out in a next day Fedex envelope, but it came back postal mail. A. Lamberger is the best damn NFA examiner at the ATF.
2) You can fill out each 5320.20 for transport to and from a single state an unlimited number of times for a period of up to 1 year (not just 1/1 to 12/31 but starting at any date good for up to one calendar year). And you can have as many 5320.20's active at the same time as you want. So start filling them out for each state (as long as SBR's are legal in that state) that you wish to bring your SBR to and send them all in requesting a 1 year period. Every year on the same date, send in new requests for the next year.
b_saan and gotm4 covered it....
I'd like to take one of my NFA trinketts up to the 4 corners (AZ, CO, NM, & UT), and run from state to state with no form 5387.2980.8481613130 (or whatever) and see if the ATF can catch me! ;)
(just kidding)
I have been filing a 5320 for my sister's home in Baltimore for 12-months periods (usually January 1st to December 31st).
The ATF NFA Branch also told me that I only need to file a 5320 if the SBR is going to be staying outside my state overnight. Because if what you guys say is true, then it is a law that cannot always be realistically met. For one thig, the 5320 requires a specific address listed. If one has to drive through one state on their way to a final destination (which should be listed in a 5320); what address do they list on the 5320? If they don't file a 5320 for the transit state, are they actually in violation? I'm going to have to call them for re-clarification of this rule.
Also, it would be a good idea for you to make sure that the state you are planning on bringing your SVA items to allow these items in the first place. Don't rely on the NFA Branch to let you know that it is not allowed by that state.
I recommend that you call the NFA Branch and abide by what they tell you. JM2CW.
Okay, I just talked to someone at the NFA Branch (I didn't get the gentleman's name) and he clarified some things for me. The number I called was: (304) 616-4500
Before taking an NFA item outside my state, I do need to have a Form 5320 file and "approved". But when I asked them about having to commute through multiple states on my way to a final destination, you do not need a form for each of the state that you will be passing through as long as you are doing so via common route (i.e. Interstate, US route, State route, etc.). The example he gave me of a violation of this is if I were to stop at a friend or relative's place overnight (or longer) . Then I should file a Form 5320 for that location.
I failed to ask the ATF representative if this meant that as long as I am on my way to the final destination that is on my form 5320, is it okay for me to stop at various locations on the way as long as it is in the main route (i.e. a hotel that is on the Interstate).
He also stated that if the final destination does not have an address, a location is acceptable (i.e. Jones Farm, 20 miles East of Intercourse, PA).
He also gave me a tentative time line of the Form 1 I recently submitted.
- The item will not be logged into the ATF/NFA Database until approximately 6 weeks after your check clears (mine was 09-17-2008).
- Since I am using a Trust (RLT), it will be 4-6 weeks before an investigator is assigned and the investigation is started.
- How long it take after that will be determined by the actual investigation (i.e. it will take longer if your Form 1 has to be resubmitted).
- Normally they are not so busy during the summer months, but this summer they have been inundated with requests (probably in preparation just in case that scum-sucking, gun-grabbing, baby-killing, commie obastard gets elected POTUS).
Our tax dollars at work.
:mad:
5320.20 approvals are quick, my last one was door to door in 6 days using postal mail both ways. No reason not to do it, and plenty reasons why you should do it.
Does anyone know if the same rules apply to suppressors?
Spooky
Actually, federal law guarantees the right of a legal firearm owner to pass through any other state, preempting local/state laws on ownership/possession in the states you're passing through, while transporting any legally possessed firearm (including supressors, SBRs, FA, etc) from one jurisdiction where they are legal for that person to own to another where they are legal for that person to own. The firearm must be unloaded and secured in a locked case in the trunk of the vehicle or out of immediate reach if the vehicle doesn't have a trunk.
I was informed when I asked the ATF about it, that a single night stop at a hotel (could be multiple nights in different cities along a route depending on the distance driven, you get the idea) while driving is considered passing through but staying for a couple of days at a friend's or relative's house and then continuing on to a final destination is not passing through and would require it's own 5320.20 or wouldn't be permitted if possession wasn't legal in that city/state.
Thank you everyone for all the info and replys. I have one more question what is the deal with just crossing the state line with just a sbr upper and no lower? Then placing said upper on a lower registered in the new state. Thanks!
The lower is the NFA item. You can have all the <16" uppers you want. There is no serial numbers on AR uppers/barrels unless you put them on there. So if taking your short upper to use on a friends lower to another state no 5320.20 would be required (so long as your SBR lower stayed home).
Does this requirement apply to Suppressors as well?
FYI; mailed my 5320.20 (next day air) 15 days ago and still waiting.
Update; It just showed up (approved) on day 16.
Mommy, May I go across the state line and shoot my gun. PRETTY PLEASE, I promise I'll be good.
:rolleyes:
I wonder if this is also whats coming for all guns.
I feel that I have to add to this for clarification. "Blanket" here means a one-year date range; not a blanket location. According to the ATF NFA Branch, you must put a specific location. While it is usually okay to put the location that you are planning on staying (i.e.: hotel) the individual I talked to recommended that you put the location you plan on using the SBR (i.e.: the range).
I recommend that you call the NFA Branch and that you go by their response over the free advice given to you over the internet. :D
I live right on the West Virginia/Virginia border and most of the three gun matches that I shoot are in Virginia but I live in West Virginia. If I get a SBR do I need to fill out one of these forms just to go shoot a match even though I will only be in Virginia for a few hours? If I do I think that I can live with a 16" rifle rather than a 14.5".