How Do I Take My NFA Items Across State Lines

Published on January 25, 2024
Duration: 6:06

William Kirk of Washington Gun Law clarifies the federal regulations for transporting NFA items across state lines. While suppressors generally do not require prior ATF notification, other NFA items like SBRs, SBSs, machineguns, and destructive devices necessitate filing ATF Form 5320.20 and obtaining approval before interstate movement, whether temporary or permanent.

Quick Summary

Federal law (18 U.S.C. Section 922(a)(4)) generally exempts suppressors from requiring prior ATF approval for interstate transport. However, other NFA items like SBRs, SBSs, machineguns, and destructive devices necessitate filing ATF Form 5320.20 and obtaining approval before any interstate movement.

Chapters

  1. 00:00Introduction: Taking NFA Items Across State Lines
  2. 01:08Legal Framework: 18 U.S.C. 922(a)(4) and SHOT Show
  3. 02:00Understanding the Statute for NFA Transport
  4. 03:07The Suppressor Exception for Interstate Travel
  5. 03:34Requirements for Other NFA Items (SBRs, Machineguns)
  6. 04:43How to File ATF Form 5320.20
  7. 05:25Conclusion and Resources for NFA Transport

Frequently Asked Questions

Do I need ATF approval to take my suppressor across state lines?

No, under federal law (18 U.S.C. Section 922(a)(4)), suppressors are generally exempt from the requirement of prior ATF notification or approval for interstate transport. You can typically move them across state lines without filing any forms.

What NFA items require ATF approval for interstate transport?

All NFA items, excluding suppressors, require prior ATF approval. This includes machineguns, short-barreled rifles (SBRs), short-barreled shotguns (SBSs), and destructive devices. You must file ATF Form 5320.20 and receive approval before moving these items.

How do I get ATF approval to transport my SBR or machinegun across state lines?

You must complete and submit ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This form requires details about the move, including dates and destination. Approval must be granted before the physical transport occurs.

Does ATF Form 5320.20 apply to temporary or permanent moves of NFA items?

Yes, ATF Form 5320.20 is required for both temporary and permanent interstate transfers of NFA items (excluding suppressors). The form specifically asks whether the move is temporary or permanent and requires details for either scenario.

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