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Question about moving

Discussion in 'NFA Firearms and Accessories' started by gunsnsprinkles, Feb 7, 2012.

  1. 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.
  2. CoRoMo

    CoRoMo Well-Known Member

    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.
    Last edited: Feb 7, 2012
  3. rjrivero

    rjrivero Well-Known Member

    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.)
  4. Jim K

    Jim K Well-Known Member

    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.

  5. Quiet

    Quiet Well-Known Member

    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.
  6. CoRoMo

    CoRoMo Well-Known Member

    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...
    So as I understand it, notifying them is a courtesy, not a requirement. You can decide what and how to proceed.
  7. dogrunner

    dogrunner Well-Known Member

    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!
  8. Magoo

    Magoo Well-Known Member

    Reviving for more clarity

    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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