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Form 5320.20 Questions

Discussion in 'NFA Firearms and Accessories' started by Texasgrillchef, Mar 26, 2020.

  1. Texasgrillchef

    Texasgrillchef Member

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    Jun 29, 2019
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    An approved 5320.20 form is required to travel across state lines with any NFA item. Providing of course that the state lines you cross, legally allow the weapon as well. As some states ban various NFA firearms.

    Now let’s say you live on the border of two states. Both that Legally allow the NFA items that you own hat have the ATF NFA Tax stamp.

    Let’s say one lives n Texarkana Texas. A city that is both in Arkansas and Texas. Their are some farmers that own land that is on both sides of the state line and actually connect as one main property. Even though legally speaking they have two separate real estate deeds and are legally two separate properties.

    Would the person who owns these two connecting properties need a 5320.20 to Legally go back n forth on their property?

    If they do, how often would they need to file one, and what is the maximum amount of time they could have one for?

    One gentleman friend I know, has a very difficult time being able to tell on some areas of his land if it’s on the Texas or Arkansas side. (Heavy trees). Land has been in their family for many generations. He did tell me they have always had two separate deeds.

    His house and mailing address are on the Texas side. If I were to visit him with my NFA Firearm, would I need to get a 5320.20? Just to be legal.

    Odds are law enforcement would never know, and it would never be an issue. But you never know if some incident were to happen, or a game warden from either side happened to be a little nosey.
     
  2. pdsmith505

    pdsmith505 Member

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    Not entirely true. First instruction on the back:

    A written request and prior authorization from ATF to transport interstate or in foreign commerce any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun is required under the provisions of Section 922 (a)(4), Title 18, U.S.C., and Section 478.28, Title 27, CFR.

    Silencers and AOW's are good to go.

    Assuming the NFA item is not a silencer or AOW, according to the plain letter of the law, yes, a 5320.20 would be required. 18 USC 922(a)(4) does not provide any exemption for transport across state lines on privately owned property.

    I fill out 5320.20's for a year at a time when I need them. Turn around time is about 3 weeks.

    Again, depends on what NFA item you are talking about. Even though I see the 5320.20 as an annoying overreach of Congress's commerce power, it is still far less annoying than any potential ride to jail.
     
  3. GE-Mini-Gun

    GE-Mini-Gun Member

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    I'm not 100% positive a 5320 would be needed while on your property, I can damn well 100% guarantee you I would NOT be getting a 5320 if I had property like that (two different state connected)…not in my life time.
     
  4. dogtown tom

    dogtown tom Member

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    Nope, two wholly and completely separate city governments....Texarkana, AR and Texarkana, TX




    Yes.

    Once a year, valid for a year.



    Where his house and mailing address are located don't matter as much as what state you are in.
    Federal law/ATF regs don't care one bit who owns the property, only which state you will be transporting the SBR/SBS/MG/DD.

    Kinda like speeding thinking no one is looking. But get caught....might be expensive.
     
  5. Texasgrillchef

    Texasgrillchef Member

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    Yes they are legally two Separate legal Entities. With two Mayer’s etc... for exactly the same reason as my friend has two separate deeds, and pays two separate property taxes one to Texas and the other to Arkansas.

    yet even so, in practicality, people drive back n forth regularly working living and doing business on both sides of the state line. In fact there is even a street running down the state line, with Texas taking care of one direction of traffic and Arkansas taking care of the other direction.

    I wasn’t trying to imply at any point that the city was one legal entity.
     
  6. Texasgrillchef

    Texasgrillchef Member

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    That’s the point I was making. Things would be ok, until an incident requiring legal authorities to respond, or a nosey state and/or federal game warden wonders onto the property.
     
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