Silencer Transport

[BufordTPisser]

I am moving to Florida. Do I need to fill out forms in order to transport my newly acquired silencer to my new residence? I know that I need to change my address, but due to time constraints, I cannot get the forms filled out until after I move.

[xdfireguy]

EDIT FOR THOSE NOT READING THE WHOLE THREAD:


Probably better posted in the Class 3 forum, but no you do not need to have an approved 5320.20 before transporting any suppressor out of state. You do need one approved before transporting a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle.

[H22ate]

I didnt know that either. Good lookin!

[ungawa]

Probably better posted in the Class 3 forum, but yes you do need to have an approved 5320.20 before transporting any suppressor out of state.

I believe suppressors are allowed to cross state lines without ATF approval.

As for moving to a new home, I don't know if the notification must be prior to the move or not.

[Pa. Patriot]

Yep. Form must be approved first.

If that's impossible I would leave the suppressor with an FFL until approval is received.

I was wrong, see post 10

[ungawa]

Yep. Form must be approved first.

If that's impossible I would leave the suppressor with an FFL until approval is received.

I'm confused by the "Yep" part of this post. Are you saying suppressors need ATF approval to cross state lines?

[xdfireguy]

Those forms have generally been approved fairly quickly. No charge to do so, and you might even be able to fax it in. I thought I read somewhere that only FFL/SOT were permitted to fax them but I may be confused with Form 3's and the like.

[GunLawyer001]

Silencers are exempt from the 5320.20 requirement; the quick & dirty evidence for this is from the instructions on the 5320.20 itself:

A written request and prior authorization from ATF to transport interstate or in foreign commerce any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun is required under the provisions of Section 922 (a)(4), Title 18, U.S.C., and Section 478.28, Title 27, CFR, a letter of request, in duplicate, containing all information required on this form, may be submitted in lieu of the form.

922 (a) (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;

[Pa. Patriot]

I'm confused by the "Yep" part of this post. Are you saying suppressors need ATF approval to cross state lines?

Yep



.....

[Pa. Patriot]

On further review, it appears supressors and AOW's do not need prior approval...:

Moving Registered NFA Firearms Interstate

Individuals other than qualified Federal firearms licensees must obtain permission from ATF prior to temporarily or permanently moving a machine-gun, short-barreled shotgun, short-barreled rifle, or destructive device interstate. To obtain permission to move these firearms, please submit to ATF either a letter requesting permission to move them or an ATF Form 5320.20, Application to Transport Interstate or Temporarily Export Certain NFA Firearms. This form is available at the ATF Internet website or may be obtained by contacting the NFA Branch. If you are submitting the request by letter, please include the:

• Name of registrant;
• The firearm(s);
• The current location of the firearm(s);
• The location to which the firearm(s) will be transported;
• The date(s) and means of transportation (car, plane, boat, etc.); and
• The reason the firearm is being moved.

Please also indicate in the letter whether: (1) the move is temporary or permanent; (2) the move will involve a transfer of the title; and (3) whether the possession of the firearm will violate local or State law at the destination. The ATF Form 5320.20 includes these requirements. Requests for interstate transportation will be denied by ATF if possession of the firearm at the destination will violate State or local law.

Registrants do not have to obtain permission from ATF to move a silencer or “any other weapon” interstate. However, if a registrant’s address for these types of firearms changes after registration with ATF, please notify the NFA Branch in writing of the new address, so the NFRTR can reflect the registrant’s correct address.
...
http://www.atf.gov/pub/nfab/index.htm

ETA: Damn gunlawyer beat me to it