Transporting Machine Guns


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NoAlibi
February 16, 2010, 01:18 PM
It is my understanding that a specific form must be filled out and sent to the BATFE if you transport your machine gun out of the state it is registered in.

I have the following questions:

1 - Is this a form that is used to get "permission" from the Bureau or is it just a notification form?

2 - Do you have to wait to get a notification from the Bureau that they received the form before you can transport the machine gun?

3 - Is there a web site where I can download the form?

4 - Is there a time limit that you can keep the machine gun in the new location?

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CoRoMo
February 16, 2010, 01:53 PM
BATFE form 20 5320.20

1. Yes, you're applying for permission to transport your NFA item.
2. Yes, approval is what you wait for.
3. Yes -http://www.atf.gov/forms/download/atf-f-5320-20.pdf
4. Hmmmm... lemme look

ATF Form 20 - 5320.20 Application to Transport NFA Firearms
The ATF required prior authorization after a written request to transport any destructive device, machine gun, short-barreled riffle, or short-barreled shotgun under Section 922(a)(4), Title 18 U.S.C. It is not necessary to use this form as a letter containing all the same information may be submitted in duplicate. Two copies of the Form 20 or letter should be addressed to:

BATFE
Attention: NFA Branch
244 Needy Road
Martinsburg, WV 25405

Once the ATF approves the transportation, they will return a Form 20 to the registered owner. The approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3 on the form.

http://www.paladinarmory.com/LegalTips.htmTravel and Use: Do not take NFA firearms out of state without first checking with BATFE. For machine guns, short barrel rifles, and short barrel shotguns, you will need prior approval from BATFE on a Form 5320.20 to travel interstate or to permanently move NFA firearms to another state. This protects you from accidentally going someplace where they are banned. If the state you are traveling to allows possession of the type of NFA firearm you own, and you have received prior approval on a Form 5320.20 (if applicable), then you can transport the firearm through any state just like any other firearm. That means it must be unloaded and readily inaccessible (in a locked case or trunk of the car). While in a travel status you are afforded the same protection as any other gun owner under the GOPA 86 law. You cannot be legally arrested for simply passing through a state, county, or township where the guns are banned unless you violate the procedures just described or stop in that state for an extended period of rest. Necessary stops for food, gas, repairs, etc., are allowed. Stopping to site-see, visit friends, or even spend the night, might be construed as an unnecessary delay and place you at risk. Check your state and local laws for other restrictions that may apply regarding hunting, concealed carry, or self-defense with an NFA firearm.


edit: Looks like you would designate the time limit on the form.

This doesn't seem to be a requirement for suppressors.

NoAlibi
February 16, 2010, 02:54 PM
CoRoMo - Thank you very much for taking the time to answer my questions.

I want to take it to Mississippi and I think the prudent thing to do is check with their laws governing machine guns. The barrel with the permanently mounted flash hider is 14" long. The State that I originally registered it in did not allow short barreled rifles, but it is exempted because it is registered as a machine gun.

Who do I check with to be ABSOLUTELY sure that it being a machine gun and having a 14" barrel will not be a problem (illegal) in Mississippi?

CoRoMo
February 16, 2010, 03:35 PM
http://www.atf.gov/publications/download/p/atf-p-5300-5/atf-p-5300-5-mississippi.pdf

http://www.nraila.org/statelawpdfs/MSSL.pdf

Looks to me like you are good to go. IANAL and all that.

jmorris
February 16, 2010, 07:29 PM
This doesn't seem to be a requirement for suppressors.

This is true.

Who do I check with to be ABSOLUTELY sure that it being a machine gun and having a 14" barrel will not be a problem (illegal) in Mississippi?

When I travel with NFA items I always have the phone number and ext of the person that I spoke with and she/he said it was OK. Generally someone with the state police dept. I also have the NFA branch # with me as well.

NFA 304-616-4500
Louisiana State Police 225-925-4867

I also keep the phone numbers of States I travel in with a handgun that don’t have reciprocity with mine to make sure I am within the law.
Iowa State Patrol 515-725-6090
Nebraska State Patrol 402-471-4545


A list of all of them might make a good sticky

lions
February 16, 2010, 07:51 PM
This doesn't seem to be a requirement for suppressors.
This is true.

Sorry for the thread derail, just wanted to clarify. Do you mean for suppressors it's not a requirement on the Form 20, or it's not a requirement at all, on any form?

TexasRifleman
February 16, 2010, 08:35 PM
Do you mean for suppressors it's not a requirement on the Form 20, or it's not a requirement at all, on any form?

No form at all for suppressors. They "don't count" as far as needing permission to go state to state. Still subject to each state law of course.

medalguy
February 16, 2010, 10:50 PM
Corect. You can transport a suppresor or suppresed weapon across state lines without BATF permission AS LONG AS the local laws where you are going do allow possession of a suppressed weapon. This assumes the weapon in question is not a machine gun.

CoRoMo
February 17, 2010, 10:24 AM
This assumes the weapon in question is not a machine gun.

Or a SBR, SBS, or DD.
If you train/compete with an SBR, state lines become a problem. You'd have to ask permission to take that carbine to the neighboring state if Magpul doesn't have a class in your neck of the woods.

jojo200517
February 17, 2010, 05:33 PM
Or a SBR, SBS, or DD.
If you train/compete with an SBR, state lines become a problem. You'd have to ask permission to take that carbine to the neighboring state if Magpul doesn't have a class in your neck of the woods.

Ya forgot AOW's :)

CoRoMo
February 17, 2010, 05:59 PM
AFAIK, you don't need Form 20 approval to travel with an AOW.

dirt_j00
February 18, 2010, 10:10 AM
OP - I have read on ar15.com that 1-year interstate transport approvals are common (Form 5320.20). I have looked because I have family in a neighboring state that I visit regularly.

This is good to know if you travel interstate (to the same state) often (ex. visiting family, nearby shooting range, etc.)

This is also mentioned in the 4th paragraph here (http://www.firearmslawgroup.com/publications/harris-publications/71-travelling-and-shipping-nfa-firearms).

Zak Smith
February 18, 2010, 01:44 PM
Here's what I do. I submit the 5320.20 for each relevant item (ie, my SBR) for each state I might go to (let's say WY TX WI NM), for the interval of the calendar year. I put the purpose as some combination of "competition, training, demonstration" depending on what I'll be doing. I seem to remember my forms come back approved/acknowledged within a couple weeks.

-z

CoRoMo
February 18, 2010, 01:52 PM
Great example.

What do you list as the "Transporting to" address?... say you are going to train or compete in Wyoming a number of times, in a few different locations.

Zak Smith
February 18, 2010, 01:54 PM
ETA: Found them.

What I do is list the primary address I would be traveling to in that state, IE, the one I would be "based out of."

-z

Zak Smith
February 18, 2010, 02:00 PM
Also, titleii.com has a neat PDF generator for this form
http://test.titleii.com/5320-20.html

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