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.
ATF said: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.
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.
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]
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?
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?"
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.
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.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.
"(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?
Not to bogart the thread but what happens if you permanently move to another state said SBR was legal in?