Taking an SBR out of state?

[mammynun]

I'm sure this has been answered before, but search isn't finding it....

So, say I have a properly papered SBR that resides in Indiana; can I take it to KCR (or any other state) without additional paperwork?

 

[esrice]

I believe you have to "ask permission" and get it OK'd with the ATF.

Tagged for some good info coming!

 

[Cwood]

From the NFA Handbook

http://www.atf.gov/publications/download/p/atf-p-5320-8/atf-p-5320-8-chapter-13.pdf

Section 13.8. Requesting permission to transport certain firearms in interstate or foreign
commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign
commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without
prior written approval of ATF, specifically the NFA Branch.214 For definitions of these firearms and
devices, refer to 27 CFR 478.11. Licensed collectors are not required to obtain such approval if the
firearms and devices being transported are “curio or relic” firearms under the GCA. Approval for the
transportation may be obtained by (1) a written request or (2) an approved application filed with ATF on
Form 5320.20.
13.8.1 A written (letter) request. A written (letter) request must contain:
(1) A complete description and identification of the device or firearm to be transported;
(2) A statement whether the transportation involves a transfer of title;
(3) The need for such transportation;
(4) The approximate date the transportation is to take place;
(5) The present location of the device or firearm and the place to which it is being transported.
212 27 CFR 479.141
213 27 CFR 479.37, 479.142
214 18 U.S.C. 922(a)(4); 27 CFR 478.28
84
(6) The mode of transportation to be used (including, if by common or contract carrier, the name
and address of the carrier); and
(7) Evidence that the transportation or possession of the device or firearm is not inconsistent
with the laws at the place of destination.
13.8.2 Form 5320.20. As stated above, transportation of these firearms and devices may also be
approved by completing and filing this form and obtaining ATF approval of the form.
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.

Basically yes you, need to fill out a Form 5320.20 for everything but a suppressor or AOW.

 

[esrice]

Basically yes you, need to fill out a Form 5320.20 for everything but a suppressor or AOW.

Thanks Chris.

The good news for mammynun is that it looks like he only has to ask once per year.

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.

 

[Cwood]

Yes, the form is good for one year. It usually takes about 3 weeks to get the "permission slip" back. I have one filled out as I travel to my parents property in Ohio a few times a year.

 

[thompal]

Yes, the form is good for one year. It usually takes about 3 weeks to get the "permission slip" back. I have one filled out as I travel to my parents property in Ohio a few times a year.

But, according to:
"Section 13.8. Requesting permission to transport certain firearms in interstate or foreign commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without
prior written approval of ATF, "

it says it only pertains to items "in interstate commerce." If you are only taking it for self defense or to shoot at a range, how is it in "interstate commerce?"

 

[Cwood]

From the ATF FAQ

Q: Does the registered owner of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle need authorization to lawfully transport such items interstate?

Yes, unless the owner is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20 to the Bureau of ATF, NFA Branch. Possession of the firearms also must comply with all State and local laws.
[18 U.S.C. 922(a) (4), 27 CFR 478.28]

 

[Digital_photog]

From the ATF FAQ

Don't kill me for my stupid question... but this looks like if I bought an NFA item that was a C&R I wouldn't need approval since I have a C&R license. Am I reading this correct?

 

[Cwood]

Don't kill me for my stupid question... but this looks like if I bought an NFA item that was a C&R I wouldn't need approval since I have a C&R license. Am I reading this correct?

I would say you are correct but I would err on the side of caution and probably still submit a 5320.

 

[Bill B]

But, according to:
"Section 13.8. Requesting permission to transport certain firearms in interstate or foreign commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without
prior written approval of ATF, "

it says it only pertains to items "in interstate commerce." If you are only taking it for self defense or to shoot at a range, how is it in "interstate commerce?"

If you buy a soda at your destination you are particpating in interstate commerce, you don't need to be using the item in the commerce.

That is one of the most abused phrases ever; and the BS courts go along with it

 

[indykid]

This is a good thread. It is important to know that you need permission from Big-mother before transporting what is not only lawfully yours, but something you also paid a fee for the privilege of owning. Most people would figure just having the paperwork and tax stamp with you would be enough.

 

[MTC]

Yep. So much for that "Right to Bear Arms" we've heard so much about.
Oh, one more thing. Unless it's been changed, you have to submit the 5320.20 in duplicate - no copies.
Fill mine out for KCR nearly every year.

 

[samot]

5320.20
& make sure what ever your transporting is legal in said states

 

[wolfman]

But, according to:
"Section 13.8. Requesting permission to transport certain firearms in interstate or foreign commerce. A person, other than an FFL/SOT, may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle, without
prior written approval of ATF, "

it says it only pertains to items "in interstate commerce." If you are only taking it for self defense or to shoot at a range, how is it in "interstate commerce?" [/quote]



As long as you don't cross a state line, wouldn't just taking it to the range be "INTRA,,,state", not INTER state commerce, and not covered by the quoted regs.

 

[MTC]

As long as you don't cross a state line, wouldn't just taking it to the range be "INTRA,,,state", not INTER state commerce, and not covered by the quoted regs.

True, you are not required to apply for additional permission/authorization (other than what you had to initially apply, submit all your personal info and be charged a fee for to legally buy/own/keep said item) to transport it within your own state.
The OP's question and thread topic concerns taking an SBR out of state. (This also applies to select-fire rifles, subguns, and machineguns, BTW.) Cwood's answer is correct, detailed and factual.
Thompal's question, asked by so many before, can be reworded as, "How in the h-e-double hockey sticks does this non-commercial activity (in another state) have anything to do with interstate commerce?"
Bill B's answer, expressed by so many before, has to do with what many consider to be the abuse of the interstate commerce clause - and not only in the area of guns - so often used to control nearly every aspect of our lives.

Then again, that's what NFA '34, Gun Control Act '68, and all gun control statutes are all about. Some associate them only with bans, prohibition, and confiscation. No. Failing that, someone wants to know who has what, when, and where, so that firearms - and their owners - can be tracked, monitored, and controlled.

Your papahz, comrade. You must have them at all times. Und your papahz had best be in ordah!

 

[dom1104]

And... this is one big reason I can live with my rifles being 4 inches longer.

2011 will be the year of the suppressor for me tho, glad to know no such paperwork is required.

 

[daddyusmaximus]

"(7) Evidence that the transportation or possession of the device or firearm is not inconsistent
with the laws at the place of destination."


So does anyone know if KY allows a SBR in their state?

 

[Papa]

Not to bogart the thread but what happens if you permanently move to another state said SBR was legal in?

 

[ryknoll3]

"(7) Evidence that the transportation or possession of the device or firearm is not inconsistent
with the laws at the place of destination."


So does anyone know if KY allows a SBR in their state?

Yes, they're legal there.

 

[ryknoll3]

Not to bogart the thread but what happens if you permanently move to another state said SBR was legal in?

You fill out the interstate transport form, check no on return to original location box and put "permanent move" in reason box.