Page 1 of 3 123 LastLast
Results 1 to 10 of 24

Thread: 5320.20 - what am I missing?

  1. #1
    Join Date
    Aug 2011
    Location
    N.E. OH
    Posts
    6,272
    Feedback Score
    0

    5320.20 - what am I missing?

    The law does not mention (that I could find) transportation other than “interstate or foreign commerce.”

    Why do people submit these forms/requests for personal transportation?

    If I have a machinegun I want to take access state lines, where is it mentioned, in law that it is illegal?

  2. #2
    Join Date
    Feb 2012
    Location
    OUTPOST 31
    Posts
    9,080
    Feedback Score
    30 (100%)
    Because people are scared of the G man boogeyman swooping down in a black helicopters the moment they cross the line.

    5320s are a joke.

    Prove me wrong.


    Sent from my iPhone using Tapatalk
    “Answer The Bell...” J.W.

  3. #3
    Join Date
    Dec 2015
    Location
    IN
    Posts
    1,035
    Feedback Score
    27 (100%)
    The 5320.20 uses verbiage different than anything in either of the two statutes the form itself references. The back side of the 5320.20 states “to transport interstate or in foreign commerce” whereas the consistent verbiage of the laws themselves are “in interstate or foreign commerce.”

    My guess is that by a plain reading, you are correct, but I don’t know if any court decisions have clarified. Clearly, the ATF is taking the position we all need permission, whether or not any “commerce” is involved.

    I’d love this to go to court, if it hasn’t already, but I won’t be paying for it.
    “God doesn’t need your good works, but your neighbor does.” - Luther

  4. #4
    Join Date
    Dec 2012
    Location
    Atlanta, GA
    Posts
    252
    Feedback Score
    3 (100%)
    Quote Originally Posted by jpmuscle View Post
    Because people are scared of the G man boogeyman swooping down in a black helicopters the moment they cross the line.
    Not defending the form, or the law, I agree they are a joke. Just explaining why I fill a few out annually

    I visit my father in MS throughout the year and we go to his range. It's a beautiful state run immaculate range in the southern part of the state. I fill out one form that I will be there time period 1 year, fill out every year for all my SBR's.....He loves to shoot them.

    The why is sort of what I quoted. In the event someone at the range goes full retard (NFA isn't legal blah blah), the form could well save me some aggravation.

    At my local range people love to go to the podium hard with their thoughts, beliefs, ideas, instructions, etc. about firearms, life, politics, how-to's and the like. Locally, I just leave the range and I'm home. In MS, I'm at a hotel, so the form may well save me aggravation should someone believe I am not legal visiting with my SBR's.

    In actual practice, I may be delusional, but makes me feel better. I also stay in the South, where SBR's and suppressors aren't unusual. Your milage may vary in the northern part of the US for sure.

  5. #5
    Join Date
    Aug 2009
    Posts
    3,312
    Feedback Score
    8 (100%)
    Quote Originally Posted by jpmuscle View Post
    Because people are scared of the G man boogeyman swooping down in a black helicopters the moment they cross the line.

    5320s are a joke.

    Prove me wrong.
    Turn in your G-man badge and say that again.
    - Rhino

  6. #6
    Join Date
    Feb 2012
    Location
    OUTPOST 31
    Posts
    9,080
    Feedback Score
    30 (100%)
    Doesn’t mean I’m not absolutely and unequivocally correct though lol.

    The reality is mass non-compliance is the only way any of these regulations have a chance of being rolled back.


    Sent from my iPhone using Tapatalk
    “Answer The Bell...” J.W.

  7. #7
    Join Date
    Oct 2007
    Posts
    352
    Feedback Score
    16 (100%)

  8. #8
    Join Date
    Aug 2011
    Location
    N.E. OH
    Posts
    6,272
    Feedback Score
    0
    Quote Originally Posted by CleverNickname View Post
    The 5320.20 references the laws itself, right on the form, under "Instructions", page 2, section A.
    Right. So if Im transporting interstate for personal use- no need for the form.
    It is not being transported in interstate commerce.

    Thats how Im reading it- just want to know if Im missing something. If not, where did the “you need to fill out the form” thing come from?
    Last edited by MegademiC; 12-09-19 at 08:11.

  9. #9
    Join Date
    Dec 2010
    Posts
    869
    Feedback Score
    6 (100%)
    Time to write the ATF for a clarifying opinion.

    I'm kidding!!


    Sent from my iPhone using Tapatalk

  10. #10
    Join Date
    Oct 2007
    Posts
    352
    Feedback Score
    16 (100%)
    Quote Originally Posted by MegademiC View Post
    Right. So if Im transporting interstate for personal use- no need for the form.
    It is not being transported in interstate commerce.

    Thats how Im reading it- just want to know if Im missing something. If not, where did the “you need to fill out the form” thing come from?
    But you are affecting interstate commerce, at least according to how the federal courts currently define "interstate commerce." The 5320.20 is not required for LE, and not required for SOT's. So who do you think the 5320.20 is for, and if you're not included in that group, who is?

    If you don't fill out a 5320.20 and travel to another state, it's no skin off my back. But the ATF will probably see differently. Also, it seems pretty weird to follow the law and do the whole form 1/form 4 process, but then all of a sudden go into "F the man" mode and say you're not going to fill out a 5320.20. If you're going to do that, why not just make a suppressor or chop down your barrel or drill a sear hole and not worry about the form 1? I mean, when you think about it, how is that really "affecting interstate commerce"?

Page 1 of 3 123 LastLast

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •