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Travel with NFA gun?


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Per the ATF, you are supposed to submit a copy of form 5320.20 to the ATF prior to traveling with the firearm. The safest way to go about it, in my opinion, is to use UPS Ground with insurance and ship the firearm to yourself, at your destination. This is also legal to do. At least if something happens to it, insurance will cover you.

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+1 to KC913!!

 

The 5320.20 is a MUST have. You can not leave the state with anything but a suppressor assuming your going to a state that allows them. Every other NFA item requires an approved 5320.20 form.

 

You can also mark that it is a temporary move and will be brought back to the original location. These types of TEMP moves can be good for up to one year.

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I've been informed that AOWs are usually exempt from the 5320.20 requirement. If you're traveling by ground vehicle through a state in which your item is otherwise unlawful to possess, it's probably a good idea to submit the form even for a suppressor, just to be safe.

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I've been informed that AOWs are usually exempt from the 5320.20 requirement. If you're traveling by ground vehicle through a state in which your item is otherwise unlawful to possess, it's probably a good idea to submit the form even for a suppressor, just to be safe.

 

Never heard that one...I know suppressors are though by virtue that they are not weapons in themselves. As you stated though...just send in the form to cover your rump!shocked.gif

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Off page 2 of the 5320.4 (FORM 4).

 

Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce.

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Aye, that section might apply:

 

"

(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;"

 

I believe it would not hold up in court, as there is no "commerce" in the traditional sense, when transporting one's own goods for personal use. That said, compliance is relatively easy and will help avoid massive headaches.

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Can he fly to a meet/event with their NFA item and still be compliant? Technically speaking, it's out of your immediate sight and control when you check that bag.... Thoughts?

 

To meet TSA requirements the firearm must be in a locked hardcase that only you have the key to. This meets the NFA requirements as well.

Edited by JoshAston
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  • 11 months later...

So, I couldn't take a NFA from Missouri to say Land of Lincoln and shoot it all day and come back. It would need to remained cased in Illinois correct?

 

they won't even approve -20 to IL. they will only approve a =20 to states that allow that type of NFA weapon

Edited by Matthew Hopkins
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So, I couldn't take a NFA from Missouri to say Land of Lincoln and shoot it all day and come back. It would need to remained cased in Illinois correct?

 

In a case or out of the case, if you take a NFA item to Illinois, there is a chance you would never come back.nonono.gif

Edited by 1mile50
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  • 1 month later...

Little late here, but the question that was finally answered by ATF about " the weapon leaving your immediate possession" was this.... " the weapon may not leave your possession".... thats all the lady would say over and over. So I guess even though locked up, per Delta airlines, or whoever, it is leaving your immediate possession, violating the law...

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thats all the lady would say over and over. So I guess even though locked up, per Delta airlines, or whoever, it is leaving your immediate possession, violating the law...

 

 

that isn't the case at all, if it was you wouldn't be able to send off a NFA item to a gunsmith for repair or for any work, and that is going to be away from you for a lot longer then a couple hours of flight time.

 

 

leaving your possession would be like you loaning your buddy your NFA weapon so he can go shoot it somewhere without you there

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Little late here, but the question that was finally answered by ATF about " the weapon leaving your immediate possession" was this.... " the weapon may not leave your possession".... thats all the lady would say over and over. So I guess even though locked up, per Delta airlines, or whoever, it is leaving your immediate possession, violating the law...

 

I bet if you call back 2 more times and talk to 2 other people, you get 2 more, different answers. rolleyes.gif

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Aye, that section might apply:

 

"

(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;"

 

I believe it would not hold up in court, as there is no "commerce" in the traditional sense, when transporting one's own goods for personal use. That said, compliance is relatively easy and will help avoid massive headaches.

 

 

Don't bank on that. After Wickard v. Filburn, pretty much everything is commerce while this isn't the whole test, the simplified form is that they can have commerce authority over an activity if they can show that all people doing or not doing that activity has an effect on commerce. Transporting things is almost always considered commerce. There are new cases which purport to dial things back a little, however they don't do a lot.

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