gremlinx 20 Posted November 1, 2011 Report Share Posted November 1, 2011 (edited) 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? Edited November 1, 2011 by goober Quote Link to post Share on other sites
KC913 324 Posted November 1, 2011 Report Share Posted November 1, 2011 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. 1 Quote Link to post Share on other sites
kevin.rose0@gmail.com 62 Posted November 2, 2011 Report Share Posted November 2, 2011 You need an APPROVED form 20. Submit it well in advance. I've never moved an NFA weapon interstate, but isn't it just like any other firearm for air travel? Quote Link to post Share on other sites
MCASgt New River 10,036 Posted November 2, 2011 Report Share Posted November 2, 2011 +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. Quote Link to post Share on other sites
Shandlanos 1,470 Posted November 5, 2011 Report Share Posted November 5, 2011 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. Quote Link to post Share on other sites
jmacken37 4 Posted November 6, 2011 Report Share Posted November 6, 2011 When you're filling out the 5320.20 make it out for a year's time (the most the ATF has historically approved) so you can make the same trip later. Jake Quote Link to post Share on other sites
MCASgt New River 10,036 Posted November 7, 2011 Report Share Posted November 7, 2011 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! Quote Link to post Share on other sites
MCASgt New River 10,036 Posted November 7, 2011 Report Share Posted November 7, 2011 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. Quote Link to post Share on other sites
Shandlanos 1,470 Posted November 7, 2011 Report Share Posted November 7, 2011 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. Quote Link to post Share on other sites
JoshAston 39 Posted November 8, 2011 Report Share Posted November 8, 2011 (edited) 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 November 8, 2011 by JoshAston Quote Link to post Share on other sites
msrdiver 42 Posted November 2, 2012 Report Share Posted November 2, 2012 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? Quote Link to post Share on other sites
Matthew Hopkins 1,065 Posted November 2, 2012 Report Share Posted November 2, 2012 (edited) 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 November 2, 2012 by Matthew Hopkins Quote Link to post Share on other sites
1mile50 102 Posted November 3, 2012 Report Share Posted November 3, 2012 (edited) 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. Edited November 3, 2012 by 1mile50 1 Quote Link to post Share on other sites
gremlinx 20 Posted January 2, 2013 Author Report Share Posted January 2, 2013 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... Quote Link to post Share on other sites
Matthew Hopkins 1,065 Posted January 2, 2013 Report Share Posted January 2, 2013 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 Quote Link to post Share on other sites
dustindu4 101 Posted January 8, 2013 Report Share Posted January 8, 2013 Send it ups to a class 3 in the area Quote Link to post Share on other sites
Ronin38 2,117 Posted January 8, 2013 Report Share Posted January 8, 2013 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. Quote Link to post Share on other sites
gunfun 3,931 Posted January 8, 2013 Report Share Posted January 8, 2013 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. Quote Link to post Share on other sites
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