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Old August 11, 2014, 08:44 AM   #126
Elkins45
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Join Date: December 25, 2009
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Quote:
Originally Posted by Willie Sutton View Post
Willie - I understand what it says. I just lived in NY for 12 years. If you go through NY with a handgun I bet you are going to get hassled and delayed if they find it at best.


Know the law.

Know your rights.

Don't do stupid things.

Don't consent to searches.

Live long and prosper...


(Try driving to New Hampshire, Maine, or Vermont. all suppressor states, without driving thru New York. Then let me know how all those people in thost states take them south).


Willie

.
You are 100% legally right, of course, but I suspect that would be cold comfort as the cell door was clanging shut. And as the legal fees were piling up, and as your stuff rusted away in an evidence room, and as...

Most people are lucky in that the NY and NJ police can't pull over every out of state vehicle passing through, or find a pretense to pop the trunk of they ones they do. I agree with all of your advice, but for the unlucky ones who do everything right I still fear for them.

If I were passing thru I think would try to ship my silencer to my destination if at all possible instead of taking it thru myself. An ounce of prevention and all that...
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Old August 11, 2014, 11:22 AM   #127
basicblur
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Quote:
However I was told specifically they WERE required for silencers AND I filled one out incorrectly and received a phone call telling me IT NEEDED to be corrected before traveling.
I guess you get a different answer depending on what day it is!?

Referencing my earlier post...I finally got my tax stamps - figured I would call the ATF (NFA Branch / WV) to see if I could get the "cover letter" the gal on my earlier call told me they would send stating I do not need to fill out form 5320.20 for interstate transportation of silencers rather than send in the paperwork.

The fellow I got this time said that wouldn't happen - he said you do not need to fill out 5320.20 to transport silencers across state lines, but if you fill out the forms and send 'em in, they would approve them and send them back to you.

Nothing like adding to the confusion (of some) - I was hoping to get the cover letter stating the form was not needed (to keep with the silencers, and show any LEOs that did not know the laws / regulaltions), but since it's not needed, why bother getting a form to transport them? (it just adds to the confusion).

If what the fellow told me is true, then I guess that's why they completed your forms, even though they are not needed.

If I were to call tomorrow, guess I'd get a 3rd different answer...
(At least everyone has been consistent on the fact that you do NOT need the form for silencers).
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Old August 11, 2014, 11:34 AM   #128
Sam1911
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Guys, the ATF FAQ, (as well as the law itself, if that matters), is pretty clear on this.

Quote:
Q: Does the registered owner of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle need authorization to lawfully transport such items interstate?
Yes, unless the owner is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20 to the Bureau of ATF, NFA Branch. Possession of the firearms also must comply with all State and local laws.
[18 U.S.C. 922(a) (4), 27 CFR 478.28]
The transport law is in regard to a few specific firearms, and silencers are NOT among them.
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Old August 11, 2014, 11:42 AM   #129
Elkins45
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Quote:
Originally Posted by Sam1911 View Post
Guys, the ATF FAQ, (as well as the law itself, if that matters), is pretty clear on this.



The transport law is in regard to a few specific firearms, and silencers are NOT among them.
I know that, but the question would be whether the person with the power to put you in jail knew it.

At a bare minimum I think it would be prudent to travel with printed copies of all the germane regs, and to have the online references bookmarked on any mobile device you happen to have.

I keep copies of all my stamps in my shooting bag just in case. I think I will now follow my own good advice and add copies of all the above stuff as well.
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Old August 11, 2014, 11:53 AM   #130
basicblur
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Quote:
I know that, but the question would be whether the person with the power to put you in jail knew it.
Yup...

When I originally contacted ATF, I was told:
1. 5320.20 is NOT needed for silencer transport.
2. If you fill out the form, we'll send it back with a letter stating it is not needed.

Today I was told the form would simply be OK'ed and returned to me (even though it's not needed).

I asked my lawyer about this way back on 1-16-14, and here's what he said:
As for whether or not you have a legal requirement to complete a Form 20 for suppressors, the KY trust lawyer is correct. You are not LEGALLY required to fill out a Form 20 for suppressors. Failing to do so is NOT a crime ... but it would go against the terms of my NFA trusts language.

The terms on my NFA trusts require the trustee to submit a Form 20 for ALL NFA items and here is why. The job of the trust is to protect the assets in the trust as well as your interests as the Settlor. Many local law enforcement officers who encounter an NFA item may have little or no knowledge of NFA laws. Having an approved Form 20 with the "blessing" of the ATF goes a long way to avoid lengthy encounters (or even confiscation) with such officers.

Finally, make sure that the state you are taking the item to does not have additional state-level requirements concerning suppressors.


So...it sounds like my lawyer wants me to fill out the form simply as a CYA move - this is why I was after the "cover letter" the original ATF agent told me I would receive.

I guess I'll go ahead and send the 5320.20 in, just to cover my behind.
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Old August 12, 2014, 07:49 PM   #131
BullfrogKen
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Ok local cops don't enforce federal laws, and that transport law you are so worried about is a federal statute.
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Old August 12, 2014, 07:57 PM   #132
basicblur
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Ok local cops don't enforce federal laws, and that transport law you are so worried about is a federal statute.
I'm not only worried about any local LEOs that might try to give me a hard time, but I'm not so sure a particular Federal agent that might run across me knows the law / regulations.

You never know if you're going to run across Andy Griffith or Barney Fife, and there are a LOT of Barney Fife's running around out there these days...
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Old August 13, 2014, 03:34 PM   #133
kimberkid
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Quote:
Originally Posted by Willie Sutton View Post
Willie - I understand what it says. I just lived in NY for 12 years. If you go through NY with a handgun I bet you are going to get hassled and delayed if they find it at best.


Know the law.

Know your rights.

Don't do stupid things.

Don't consent to searches.

Live long and prosper...


(Try driving to New Hampshire, Maine, or Vermont. all suppressor states, without driving thru New York. Then let me know how all those people in thost states take them south).


Willie

.
Ditto ...

If you don't give them a reason to suspect or search for anything, most likely it will never become an issue ... life it too short to worry about stupid stuff like that.

At least I hope we haven't gotten to the point where we can be selected at randon and commanded to produce our "papers"
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