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Traveling with NFA Firearms – The Legal Brief!


Welcome back to The Legal Brief, the show
where we CRUSH the various legal myths and misinformation surrounding various areas of
the gun world. I’m your host Adam Kraut and today we’re
talking about traveling with National Firearms Act or NFA Firearms. A lot of
you have been leaving comments asking how to travel
with NFA Firearms. The answer to the question is, it kind of
depends. Let’s start with taking a look at what the
law says. The Gun Control Act or GCA which I already
covered in a previous episode and there should be a link somewhere for that, states that
“It shall be unlawful 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 if you’re licensed under the GCA you
can transport NFA firearms without obtaining prior permission. The regulations state, among other things,
that “No person shall transport any destructive device, machine gun, short-barreled shotgun,
or short-barreled rifle in interstate or foreign commerce under the provisions of this section
until he has received specific authorization so to do from the Director. Authorization granted under this section does
not carry or import relief from any other statutory or regulatory provision relating
to firearms.” So as a non licensee you need permission from
ATF to transport NFA firearms over state lines. For those keeping score at home, you’ll
notice that silencers and any other weapons or AOWs are noticeably absent from the list. More on that later. So how does one obtain permission from the
Attorney General in order to transport NFA firearms? You need to submit an ATF Form 5320.20 in
duplicate or alternatively a letter, also in duplicate, containing all the information
required on the form. So just submit the form. Information on the form includes a lot of
information that should be pulled from the Form 1 or Form 4 such as who the firearm is
registered to, manufacturer, type of firearm, caliber, model, serial number, etc. It also asks the time period the firearm will
be away from its original location, if we aren’t talking about a permanent move. We’ll talk about a permanent move in a different
episode. You can submit a form for a period of up to
1 year. The form also has a spot for the reason for
transportation of the firearms. All lawful purposes, training class, hunting,
etc. are all suitable reasons. On my form, I listed all lawful purpose. I’d recommend you send the form to ATF at
least two months in advance to ensure you have it back in time for when you actually
have to travel. Now I know some of you are yelling at the
screen, but Adam you told me there would be more about these silencers and AOWs later. We can see that the law does not require that
ATF be notified or approve the transportation of AOWs and/or silencers, however, I’d recommend
you do. The reason for that recommendation is that
it is one more piece of paper you can produce to show law enforcement if you have an interaction
with them. It shows that ATF has approved the transportation
of the firearm to a certain destination and may save you a headache. Some things to keep in mind. The NFA firearms have to be legal in the end
location. You can’t take a silencer to Delaware or
New Jersistan or New York or communist Illinois or wherever else they aren’t legal because
they aren’t legal there. ATF’s approval does not provide any relief
from other firearms statutes, so you have to comply with all the applicable laws. If you are sending the firearm using a contract
or common carrier, like UPS or Fed Ex, a copy of the form must be with the firearm for the
duration of that time. Easiest solution? Stick a copy in the box with the gun. So if you want to travel with NFA firearms
you’ll need to fill out ATF’s form, submit it in duplicate and have an approved copy
before you leave in order to transport anything other than AOWs or Silencers across state
lines. Hopefully that gives you an idea of how to
travel with NFA firearms. If you guys liked this episode, you know what
to do, hit that like button and share it around with your friends. Have a question you want answered on this
show, head over to The Legal Brief section on theguncollective.com. Don’t forget to like The Gun Collective
on Facebook, Instagram, YouTube, Full 30, Snap Chat and wherever else you can catch
us on social media. And as always thanks for watching!

69 thoughts on “Traveling with NFA Firearms – The Legal Brief!

  1. What if there is a state in between your beginning and ending destinations that's a communist anti-gun zone? Oh and First??

  2. How big of an impact would there be on the gun industry if and when Hillary repeals the Protection of Lawful Commerce in Arms Act? Would a small company such as Spikes or Keltec be able to survive? Would larger companies be able to survive all the lawsuits? God forbid they receive an actual judgement, the cost of defending would be crippling enough.

  3. What's a good place to find out the true suppressor laws in each state? Like if I wanted to go to Pennsylvania how would I find out for sure if it's legal

  4. I'm a C&R licensee. Did I understand correctly that as a licensee I can transport my NFA items across state lines without submitting a form to the ATF?

  5. If transporting a can for a lawful purpose in another state, I'd only be required to show my stamp to the Feds and not the state and local guys right?

  6. ok so if the suppressor is legal in your state and the state your going to but not legal in a state you passing through are you breaking the law? just wondering

  7. can anyone explain to why an Short Barrel Rifle a Title 2 weapon? I understand why a tax stamp is required for a full auto and a silencer, but what is the deal with an SBR? Is it deadlier? couldn't you get a pistol with as much power/force?

  8. Can you do a video on flying with a firearm when one of your connecting flights has you land in a state/municipality where the firearm you are flying with is not legal?

  9. You want to be on the NRA Board of Directors. These are the law schools of Federal Judges in Massachusetts. Convince them they need to throw out all of Massachusetts' gun laws.

    U. S. Court of Massachusetts

    Suffolk University Law School
    Yale Law School
    Western New England College School of Law
    Harvard Law School
    Columbia Law School
    University of California, Berkeley, School of Law
    University of Pennsylvania Law School
    Cornell Law School
    Georgetown University Law Center
    Boston College Law School

    Appellate Court of the First Circuit

    Yale Law School
    Harvard Law School
    Boston University School of Law
    Georgetown University Law Center

  10. so if you are going to another state and you are staying overnight,and d I am taking a training class do I need one the hotel and the range that am taking the class at ?

  11. Do "gun free zones" hold any legal authority? For instance, if a licensed concealed carrier walked into a mall with a "gun free zone" sticker on the door an if that person decided to ignore that,  and then if that person had to use their weapon to stop a crime of some sort, would they be prosecuted for not obeying by that "gun free zone" sign?

  12. If I take an NFA item out of state for recreational use, personal defense, or to take a class, how the heck does that constitute interstate commerce? I can't even imagine the twisted reasoning, and I know the Supreme Court ruled that the Commerce Clause can prevent you from growing crops on your land to feed yourself and your animals! These are extreme examples of abuse of the Constitution. They have no legitimate authority to prohibit me moving my property for non-commercial reasons. How exactly are they screwing us, Adam?

  13. I had a hard time with the ATF when trying to go hunting as I didn't have a location other than GPS coordinates of my camp. They ended up accepting the GMU after some back and forth. Even different cities within the same state require separate forms

  14. So living in Wisconsin, if I had a silencer and wanted to drive south to Florida, I could not drive through IL, even if silencers are legal in my final destination?

  15. Hey could you guys please do an episode on the laws that Governer Jerry Brown signed a few months ago that "closed the bullet button loophole" amongst other AR-related things in California? There is a lot of misunderstanding surrounding all of them, but specifically the magazine release changes. Some people seem to think that grandfathered AR15s can just use standard releases now, but as far as I understand that is not the case. Bullet Button released their new "Patriot Mag Release" for the new laws. I would really appreciate it.

  16. I have a question for you. If someone uses pot in a state in which it's legal, either medical or recreational, how does this affect the right to own and/or buy guns?

  17. I have a bit of a question. Why are there such wildly varying
    laws from state to state? Our firearm rights are protected under the (in part)
    constitution, and not necessarily individual states constitution. The very fact
    that they very so widely kind of fly’s in the face of federal law superseding
    local and state law.  IMO firearm
    ownership, rules, laws ECT are a constitutional question, which of course puts
    the question under the purview of federal legislators. But obviously I’m wrong
    in that since there is such a HUGE mismatch of patchwork laws out there. So
    what I don’t get is why the states have (for the most part) to follow federal
    legislation on everything else BUT firearms???

  18. So what if you don't have the luxury of knowing 2+ months in advance of a trip? Are you required to have paperwork in hand or submit paperwork prior? If you're being lawful and not in a state that has laws against the item, what is the law you're breaking? I ask because I submitted a letter with a copy of my Form 4 in April for a trip in July and still haven't received any response. Perhaps I sent it to the wrong ATF office. I'll leave it a mystery whether or not I took the items on my trip. Thanks sir for the assist.

  19. Okay so I didn't see this question anywhere below:

    I have an AR pistol and a 16" barreled AR rifle; both the same caliber. Neither lower is a registered NFA firearm. Since each NFA registration contains the S/N of the firearm in question, would it be advantageous to build a separate NFA dedicated lower so I can keep an SBR at home and switch the lower to a pistol lower to travel out of state? Or would you just register the 16" rifle lower and swap the uppers as needed? If so, since the lower is considered the firearm because it has the S/N is on it, would it fall under the NFA rules to travel out of state with a registered NFA lower even though it has a 16" barreled upper on it thus making it a regular rifle and not an SBR?

  20. What if I live in another state than my range? Can I set up the form for a year at a time? Or would they just reject it?

  21. after watching a few if these, I notice you either neglect or just don't include info on trust nfa items, be it gun or suppressor. why? items in trust are different in some regards and adding any info pertaining to this would be helpful. Thank you

  22. The statutes in question require ATF permission when engaging in "commerce". While there are hugely expansive legal definitions of "commerce" that include everything down to breathing and blinking, are such definitions applicable here? That is, surely it is possible to travel to/thru a state for noncommercial reasons? And if so doing, would ATF permission actually be required while transporting an NFA firearm?

  23. This is possibly the least well known reason to have an 03FFL. None of this bullshit applies to somebody who holds a C&R FFL as they are a "licensed collector"… 30 bucks every three years to get C&R guns shipped to your house and to never have to file a permission slip to transport your shit.

  24. What if I become a simple FFL "Collector" in order to move NFA items across state lines? It's only $30 for 3 years so it would be nice.

  25. I thought ATF 41F removed this requirement for transporting NFA firearms. Meaning, you know longer need to inform the ATF when transporting NFA items over state lines.

  26. So how do you transport a NFA item thru a state (like IL) to get to the other side. ie. from Ohio to Wisconsin do you have to travel around IL to do it?

  27. So even with the "permission slip" you cannot cross a state line that outlaws and sbr? I I'm pretty close to Illinois and if I travel I usually cross the state line for up to an hour.

  28. Even though I'm staunch Constitutional Carry, I've actually grown to love this show.

    Why?

    I show it to people, then tell them to replace ALL firearms related language with "speech" or "religion" then have them watch it again.

    Blue screens all around.

  29. So does that mean that a C&R license holder can transport without any "permission"? If so, then maintaining a C&R license is a better option than filing all these other stupid forms. – Reading further, section C. means that only curio and relics for c&r holders… I knew it was too good to be true.

  30. why would you have to fill out a form at all to travel with your machine gun? you just said that the law stars "licensees for interstate commerce or foreign commerce"

    so if I'm just traveling from one state to another with a machine gun, and I'm not selling the nfa firearm, why should i fill out a form?

  31. So as I understand it, possessing even a curio and relics license (collectors) is exemption from the travel reporting requirement?

  32. One thing to add, the more everyone submits paperwork for AOW's and Supressors the more work the ATF has to do. Keep them busy.

  33. Indiana to Wisconson I would have to pass through illiniois, Is that legal if all the paper work is good? Not stopping in Illinois just passing through to get to the approved destination.

  34. Just travel anyway and stay below the spped limit. If you get pulled over don't act freaked out and just say you dont have a gun in your car and make a secret compartment. Work for alot of people i know.

  35. So if I built an AR as a pistol and later removed the brace for a stock (paying the tax stamp and shit) and decided I want to visit a different state with that ar, could I just replace the stock with the brace so I don't have to do all of that

  36. Ask permission? Free men don't need to ask permission to be free. Slaves ask permission and are allowed privileges.
    I appreciate you sharing the laws though so we understand what we're dealing with when trying to be disarmed by tyrants.

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