Question about moving


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gunsnsprinkles
February 7, 2012, 03:58 PM
I have one Suppressor purchased in Kansas with stamp. and a C&R lisc. As far as I understand I can have my C&R address changed for free, and its voluntary to inform the ATF of my move on the tax stamp suppressor. Is this correct? Will be moving to Florida and suppressors are legal there.

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CoRoMo
February 7, 2012, 04:58 PM
If the suppressor is trust owned, you might have to register the trust with your new state (some states require that trusts be registered with the state to be valid). Otherwise, there is no requirement to notify ATF when a suppressor moves across state lines.

Many times people will still go to the lengths to file the 5320 with the ATF, and the bureau will accept it when filed, but I understand that there is no legal requirement for that and the form is not meant for this either.

rjrivero
February 7, 2012, 08:00 PM
If it is a permanent move, then it should be noted with a 5320.20. (Which is what I was told by the NFA Branch when I moved WITHIN the same state.)

Jim K
February 7, 2012, 10:01 PM
When I moved within the state, I was told by BATFE that I need only write them a letter with the new address to update the NFRTR, no form required.

But if moving to another state, you have to file the forms in advance because it is possible the new state might ban or restrict the NFA item so they can't allow you to take it into that state.

The C&R license is irrelevant to possession of an NFA item; it might allow receipt of an NFA item across state lines if the NFA item is also a C&R.

Jim

Quiet
February 8, 2012, 03:56 AM
Form 5320.20 is mandatory for Destructive Devices, Machine Guns, Short Barrel Rifles & Short Barrel Shotguns.

Form 5320.20 is optional for Any Other Weapons & Noise Suppressors.

CoRoMo
February 8, 2012, 09:25 AM
...write them a letter with the new address to update the NFRTR...
This. If you want to notify them, write them a letter. The 5320 form is not meant for this type of situation, but I've read/heard that they accept it when filed. But again, there is no legal requirement to do so.

THEY want you to. THEY will advise you to. But that's beside the point.

As one member on another forum ranted it... in regards to filing a 5320...
This is a bad idea. Not only are you misusing the 5320, you are misusing NFA Branch resources.

The 5320 is not a change of address form, it's an application for interstate travel. ...

.... Submitting a 5320 application mistakenly identifies your request as a higher priority action when such requests would more properly come in the form of correspondence.

If you feel you have to tell them that you moved down the street, then send a letter stating that. Don't present it as something else.

We're all waiting 5 months now for approvals. Wasting their time is wasting our time...
So as I understand it, notifying them is a courtesy, not a requirement. You can decide what and how to proceed.

dogrunner
February 8, 2012, 10:29 AM
There exists no requirement to notify BATFE relative to an IN State move.

I've owned NFA pieces for nearly fifty years, moved several times in Florida since I first acquired a MG, and I've never done a notification. Apparently it makes no difference as every 5320.20 I've filed for OUT of State transportation, and each C&R application I've done has been approved in good order.

Now, what they'd LIKE, as opposed to what they can legally REQUIRE is their problem, not mine.

Now I might have something of an attitude problem, but I refuse to rub a bureaucrats back just because he wants me to!

Magoo
October 3, 2012, 02:23 PM
A search brought up this thread, but I'm not clear on what the answer was/is.

I am also looking at an interstate move soon. NFA is fine in both states (SC to TN). I have just one item, a suppressor, and it is not in a trust.

I'm on board with a 5320 not being required, and not even being the right form for a suppressor. I am unclear if there is a legal requirement to inform the ATF of an interstate move in my case. If there is a legal requirement, it seems that just a letter that says "Howdy, I'm moving from X to Y and heres a copy of my stamp" isn't a very official way to do things. They understandably like forms for consistency's sake. If there is no form, it would seem there is no legal requirement to inform.

Having said that, I have absolutely no desire to run afoul of the ATF or even give the appearance I was being anything less than fully cooperative and compliant. If clogging up the system with an unnecessary 5320 is the best CYA then that is the route I will take.

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