User Panel
Posted: 10/2/2023 12:08:15 AM EDT
I understand that you have to notify the ATF of what state you are going to when traveling with SBR. I travel a lot with work and have wanted to bring a rifle for hunting trips as i travel around. I would like to use one of my SBRs but this rule does make it more difficult. Sometimes i unexpectedly get diverted for work to a different state than planned. I know the right way is to list all possible states, i know all this.
But if i ended up in a state that was not listed on the paperwork but it was a state THAT ALLOWS SBRs and somehow it resulted in prosecution what would be the charge? I dont see that it would be the same as having a illegal SBR (unregistered SBR). I still have a valid stamp and if I was in a state that allows SBRs it would all be GTG EXCEPT i had not notified the ATF of my intention to travel. This is really all kind of hypothetical. My work has locations in about 8-9 states. They all allow SBRs and are pretty gun friendly. I know the best way would be to list every state and submit paperwork for travel. But if something went wrong and i ended up in a unexpected state what would happen? Just to be clear i am not talking about a state that prohibits SBR, just ones that allow it. |
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[#1]
I don't think a state allowing (or not) is the issue, rather it is you taking your SBR into a state without notifying/getting permission from ATF for that state.
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[#2]
You would be in violation of 18 (U.S.C) Section 922 (a)(4):
(a)It shall be unlawful (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; View Quote (1)Except as otherwise provided in this subsection, subsection (b), (c), (f), or (p) of this section, or in section 929, whoever (B)knowingly violates subsection (a)(4), (f), (k), or (q) of section 922; shall be fined under this title, imprisoned not more than five years, or both. View Quote |
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[#3]
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[#4]
This was the only reason I had an AR pistol.
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“It does not take a majority to prevail, but rather an irate, tireless minority keen on setting brush fires of freedom in the minds of men”
- Samuel Adams |
[Last Edit: BULLDAWG_556]
[#5]
Originally Posted By triburst1: This was the only reason I had an AR pistol. View Quote I decided to pin and weld a direct thread can to an 11.5 for vehicle. That way I'm covered as long as the state I'm entering allows cans. The vault in my ride will accommodate up to a 13.7 with a Sandman S. Maybe a 14.5. If not, I'll take something else. Now, if my form 4 will get approved.. today is 4 months... |
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[#6]
Do a yearly (1/1 - 12/31) 5320.20 for each state.
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Et quant au repos ? Le Caliphate doit être essuyé de la terre.
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[#7]
Along similar lines, if I’m in Georgia and I want to go to say NC with my SBR, but I have to travel through SC. Do I need to inform for just NC or the state I am traveling through as well? I wouldn’t have a destination in SC, just driving through to get to NC.
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[#8]
Originally Posted By bballman25: Along similar lines, if I'm in Georgia and I want to go to say NC with my SBR, but I have to travel through SC. Do I need to inform for just NC or the state I am traveling through as well? I wouldn't have a destination in SC, just driving through to get to NC. View Quote |
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[#9]
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[#10]
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[#11]
Originally Posted By Cypselus: Doesn't it have to be for a specific address? View Quote |
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[#12]
Originally Posted By D_Man: You have to list an address on the form, but the way the law is written it's just permission to cross the state lines technically. Some will just put the address for a gas station just over the line you plan to drive past to satisfy the blank on the form. View Quote On Reddit a few days ago a guy posted that he submitted a form 20 for the state of Arizona. For the address he entered the GPS coordinates of the four corners of the state. It got approved. |
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[#13]
Originally Posted By bballman25: Along similar lines, if I’m in Georgia and I want to go to say NC with my SBR, but I have to travel through SC. Do I need to inform for just NC or the state I am traveling through as well? I wouldn’t have a destination in SC, just driving through to get to NC. View Quote As noted, FOPA covers you in transit. However, if you’re sending in a form for one state, it’s just as easy to send in for two. I typically send in for a dozen or so states. Anywhere I think I may want to visit in the upcoming year. Most of them never get used. But I’m good to go should I decide to. |
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[#14]
Hey bud. I’m trying to do the same- build, and then pin and weld with a gunsmith. Question: did you buy as separate parts, then order the can? Then when it came in bring to gunsmith to assemble? If so I’m looking for help on which parts to buy to have a light AR with folding stock, 10.5-11” barrel with can. Any help is appreciated
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[#15]
Originally Posted By D_Man: FOPA rules protect you for in-transit. So you only need to file a form 5320.20 for the destination state of the trip. View Quote View All Quotes View All Quotes Originally Posted By D_Man: Originally Posted By bballman25: Along similar lines, if I'm in Georgia and I want to go to say NC with my SBR, but I have to travel through SC. Do I need to inform for just NC or the state I am traveling through as well? I wouldn't have a destination in SC, just driving through to get to NC. Actually - I did not know that. That's useful to know. |
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[#16]
Originally Posted By JWinterholler27: Hey bud. I’m trying to do the same- build, and then pin and weld with a gunsmith. Question: did you buy as separate parts, then order the can? Then when it came in bring to gunsmith to assemble? If so I’m looking for help on which parts to buy to have a light AR with folding stock, 10.5-11” barrel with can. Any help is appreciated View Quote One way buy can, get approved, pin it to a AR pistol add stock. Second, buy can, get approved, take parts to the pinner, have them assemble. Third, form 1 a Rifle, buy can, submit your yearly paperwork. If you pin, I'd suggest that you use a suppressor ready rail so you can remove it to service the gas tube if needed without removal of the pinned can. |
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[#17]
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;
So what constitutes a "licensed collector"? I have a C&R so I am by their definition a "licensed collector" would that make me exempt from having to do this every year for mine? |
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[#18]
Originally Posted By p230: 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; So what constitutes a "licensed collector"? I have a C&R so I am by their definition a "licensed collector" would that make me exempt from having to do this every year for mine? View Quote View All Quotes View All Quotes Originally Posted By p230: 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; So what constitutes a "licensed collector"? I have a C&R so I am by their definition a "licensed collector" would that make me exempt from having to do this every year for mine? (13)The term "collector" means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and the term "licensed collector" means any such person licensed under the provisions of this chapter. That said, a C&R licensee is only exempted from the NFA interstate transport rule if the covered NFA item is also a C&R firearm. From the ATF's NFA Handbook: 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. |
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[#19]
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[#20]
Originally Posted By GarrettJ: As noted, FOPA covers you in transit. However, if you’re sending in a form for one state, it’s just as easy to send in for two. I typically send in for a dozen or so states. Anywhere I think I may want to visit in the upcoming year. Most of them never get used. But I’m good to go should I decide to. View Quote View All Quotes View All Quotes Originally Posted By GarrettJ: Originally Posted By bballman25: Along similar lines, if I’m in Georgia and I want to go to say NC with my SBR, but I have to travel through SC. Do I need to inform for just NC or the state I am traveling through as well? I wouldn’t have a destination in SC, just driving through to get to NC. As noted, FOPA covers you in transit. However, if you’re sending in a form for one state, it’s just as easy to send in for two. I typically send in for a dozen or so states. Anywhere I think I may want to visit in the upcoming year. Most of them never get used. But I’m good to go should I decide to. Don't the dates have to be exact? |
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Those who would give up essential liberty, to obtain a little temporary safety, deserve neither liberty nor safety
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[Last Edit: Millennial]
[#21]
Just put a cheap blade brace on it for the trip
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[#22]
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