Title II across State lines??

300RUM · Oct 31, 2009

A couple of us are planning to attend the shoot at Delmarva Sporting Clays on Nov. 15.

My friend has a title II, M-16, Can anyone tell me the details of transporting across state lines, we may briefly pass through DE. Thanks

novus collectus · Oct 31, 2009

I may be mistaken, but I think you may have already missed the deadline. I think I recall someone saying you have to notify the ATF a month or more before the date, but I could be very wrong.

Inigoes · Oct 31, 2009

http://www.atf.gov/forms/pdfs/f532020.pdf

pauln · Oct 31, 2009

You must fill out 2 copies of Form 5320.20 with the dates and location you plan to temporarily export them to and submit them to the BATFE and wait to get an approved copy returned to you.

GUNGUY45 · Oct 31, 2009

pauln said:
You must fill out 2 copies of Form 5320.20 with the dates and location you plan to temporarily export them to and submit them to the BATFE and wait to get an approved copy returned to you.

If you are pressed for time, you can fax them in to the ATF, I don't have the number, though.

Pete A.

clandestine · Oct 31, 2009

I believe that a C&R exempts the notification requirement. Perhaps you should look into this so you can move with your weapons more freely.

From the Federal Firearms Regulation Reference Guide (Green Book)

Subsection 178.28 Transportation of destructive devices and certain firearms. p.49

Paragraph A&B basically says you cannot take NFA items interstate without permission.

Paragraph C:
This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and short barreled rifles in interstate or foreign commerce: PROVIDED, That in the case of a licensed importer, licensed manufacturer or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 179 of this chapter) and this part to engage in the business with respect to the device or weapon to be transported, and that in the case of a licensed collector, the device or weapon to be transported is a curio and relic.

And again in General Information. Article 12 p. 123
Moving Registered NFA Firearms Interstate

A person who desires to transport a machine gun, short-barreled rifle, short-barreled shotgun, or other destructive device interstate must first apply to ATF for permission to do so. ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms, can be used for this purpose. Only after the person receives ATF approval can the firearm be taken into another State, even for a short period of time. This requirement does not apply to a licensee qualified under the National Firearms Act to engage in business with respect to the weapon or device to be transported or to a licensed collector if the device or weapon to be transported is a curio and relic.

JeepDriver · Oct 31, 2009

Your too late for a 5320.2.

Assuming you're going from MD to MD FOPA should protect you since you are only going through DE to get there. That's what ATF told me a couple weeks ago. But I was going from MD to PA via DE with a 5320. DE is a non NFA state, I was concerned about that more then anything.

Might be worth a call to NFA branch on Monday to CYA

alucard0822 · Oct 31, 2009

You can always take Augustine hwy to 301 to 50, a little slow going, but you won't cross into DE. Used to go that way to get from Aberdeen to Easton.

300RUM · Nov 1, 2009

Thanks all for the replies,

I think we will just avoid DE and stay in MD, like alucard0822 said. Thanks again, hope to see some of you there.

K-Romulus · Apr 3, 2010

I have a question that warrants thread resurrection:

Say your 5320.20 is approved for one shooting range in a neighboring state as the "destination," can you go instead to a different shooting range?

I think the answer is NO, but wonder what folks with more experience with NFA have to say?

Markp · Apr 3, 2010

K-Romulus said:
I have a question that warrants thread resurrection:

Say your 5320.20 is approved for one shooting range in a neighboring state as the "destination," can you go instead to a different shooting range?

I think the answer is NO, but wonder what folks with more experience with NFA have to say?

If you write your 5320.20 correctly that you attend shooting events at multiple locations in the neighboring state and do so frequently you can get the ATF to give you a 1 year pass. You then only have to file the 5320.20 yearly. The 5320.20 is not permission for the weapon to only go a specific destination, it is to travel across state lines, the actual destination should not be relevant beyond being legally allowed there. It is the act of crossing the state line that makes it a federal issue.

http://www.atf.gov/forms/download/atf-f-5320-20.pdf

If for instance you file a 5320.20 for a permanent change of residence, it doesn't mean you cannot take the weapon elsewhere in state that you now have moved the weapon to.

Mark

K-Romulus · Apr 10, 2010

Well, I've done some digging on my question, and found this in the ATF handbook:

13.8.3 One-year approval. If a person will be transporting his/her firearm(s) to the same location on a
continual basis, ATF will approve a transportation request for up to 1 year. Example: the person lives in
State A, has a farm in State B (State B allows possession of the particular firearm), and wants to take the
firearm to the farm throughout the year. The person may request permission for a 1-year period to
transport the firearm interstate to the farm. Any other interstate transportation would still require a
separate request and approval. Second example: the person lives in State A and wants to transport
his/her firearm to a site in State B where competitions and shoots occur several times a year (State B
allows possession of the particular firearm). The person may request permission for a 1-year period to
transport the firearm interstate to the site for competitions and shoots. Any other interstate
transportation would still require a separate request and approval.

Though it is not the law, the ATF handbook is ATF's explanation of how it is interpreting the law. The relevant NFA section on interstate transport says you can't transport interstate "except as specifically authorized by the Attorney General." With the "specifically" in there, I am going to err on the side of caution and wait on a 5320.20 that is filled out as MarkP described.

rsideout · May 20, 2010

I just got two Form 5320.20's back that were approved for 1 year. I mailed them on 5/10 and they were in my mailbox approved 5/20. They were signed by the reviewer on 5/18.

Kharn · May 22, 2010

K-Romulus said:
I have a question that warrants thread resurrection:

Say your 5320.20 is approved for one shooting range in a neighboring state as the "destination," can you go instead to a different shooting range?

I think the answer is NO, but wonder what folks with more experience with NFA have to say?

You can go anywhere in that state, no restrictions (beyond local laws).

ar15dave · Jun 9, 2010

OK so what about silencers? Hope you dont mind me posting this here.

If I want to go to say VA from MD to shoot and take my can with me. Do I need to fill out any special forms?

I plan, of course, to have a copy of my stamp with me and make sure the destination state allows silencers.

Dave

JeepDriver · Jun 9, 2010

Not necessary for silences. As long as its legal in the state you are traveling to.

ar15dave · Jun 9, 2010

JeepDriver said:
Not necessary for silences. As long as its legal in the state you are traveling to.

Sweet. The man with the answers!

My next purchase is I think going to be a Silencerco 9OSprey.

Dave

Title II across State lines??

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