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Hello guys.
I am curious about the real world application of the law regarding transportation of NFA items such as silencers and short barreled rifles across state lines. I have my stamps on both now, a silencer and a SBR. I live on the south end of the Glen Jackson, and my favorite place to go shooting is just across the river in Washington where both silencers and SBR's are legal. The drive to my favorite spots is only 30-45 minutes from my home, yet to stay in Oregon I am at a minimum of 1.25 - 2 hour drive depending on traffic and direction traveled.
Im hoping to get some advice on how to enjoy my new SBR and stay within the law, and not have to make a whole day trip about it. I know that I can file a ATF form whatever (form 20 or 5320.20?), but can I do that for a yearly permission? Or do they only allow individual dates?
I would love to hear back from anyone with experience with this! :rolleyes:
 
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There is a BATFE permission slip form number 5xxx that you need. Too early in the AM for me to remember. Mr. Gault already nailed it and thank you. Best to have it.

We have about the same geographic and political situation down here in SW OR. To get to the coast of OR, the quickest way is through NW CA. We go up and around.
 
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picked locations that sorta make a circle so I'm always headed to a possible listed location.

I'm glad to hear the yearly idea works!
You mentioned "circles" for your locations. When the form is filled out would I need to provide a specific address, or would something such as "Gifford Pinchot National Forest Recreation Area" work as an all-encompassing location?
 

John Gault

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I've heard various stories on what flies. I gave Specific locations to private property (family)and public shooting areas (clubs )

Put copies in the case with the firearm in question and a copy on your phone also.
 
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You dont need anything to move silencers or AOW's across state lines. The SBR you need an approved 5320.20. They generally want an actual physical address on the form but once you are in the other state they do not have the authority to prevent free movement in state. Just pick an address and call it good. It depends how much leeway your examiner gives. I have filed them for Washington and put GPS coordinates from Neah Bay to the Idaho border and south to the Oregon border which encompasses essentially the entire state and it came back approved ( just because the examiner screwed up ).
 
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I have been waiting for mine to show up approved Oct 5th I was told if after 30 days you don't receive you can call to get info for a certified copy. My last one took several months to show. To be honest theses form 20s are a pain in the bubblegum! I can get a form 3 approved easier.
After doing a bunch of research it's not required for suppressors a lot of gray area on that but I actually did find it on the ATF website.
All I can say is don't expect the ATF to do anything in a timely manor. I feel they should only receive the funds for anything after approval. That sure would get them moving.
 
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Theres no grey area. Its just not required to file a 5320.20 to move a silencer across state lines. If you read the 5320.20 instructions it tells you exactly when it is needed. Silencers and AOW's do not require a 5320.20 to move across state lines.
 
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Theres no grey area. Its just not required to file a 5320.20 to move a silencer across state lines. If you read the 5320.20 instructions it tells you exactly when it is needed. Silencers and AOW's do not require a 5320.20 to move across state lines.

I still have the paperwork on my desk for a new silencer, haven't quite figured out the new fingerprint cards yet. Multnomah county doesn't do fingerprint cards, so I need to get that figured out and accomplished before I tackle the 5320. But maybe with the extravagant wait time I'll be shooting in my spot by next summer at least if all goes well.
 
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No 5320.20 needed for day trip's with MG's.
Just slap down the form 3 or 4 if asked for it..

We just went through the CA Agriculture check point south of Alturas,They about pooped when they asked what was in the trailer and we told them....... Mexicans.

Trailer full of MG's and ammo.
Completely threw them off...........................
 
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You don't need one for a permanent move to another state either. There is no occasion where you are required by law to file a 5320.20 to move either permanently or temporarily a silencer interstate. If you call them and ask them they will tell you they would really like you to. Still not a legal requirement.
 
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Theres no grey area. Its just not required to file a 5320.20 to move a silencer across state lines. If you read the 5320.20 instructions it tells you exactly when it is needed. Silencers and AOW's do not require a 5320.20 to move across state lines.

I misspoke when saying grey area. What I'm getting at is the common issue I have seen is a silencer being listed as a fire arm therefore being included and for example airlines/police officers don't know the laws sometimes.
I did not see a part in the instructions where it specifically says you don't need the 20 for a silencer. Yes I see where it says a sbr etc. Does require. I'm not saying you do just took me a while to find the info that does specifically say you don't need the 20 for a silencer.
I'm not a lawyer and not here to argue just found it to be a little unclear.
 
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Ask 3 ATF guy's the same question and you will get 3 different answers.no joke man.

I agree it can be frustrating depending on how you approach it.
Best thing I found is call or talk to a lawyer and find the answer to your question in print. Then make a copy and take it with you when in doubt be safe.
This is a page I found and copied from the BATF. I did this because this is not the wording I found on a 5320.20.


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 registered possessor 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, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This requirement does not apply to the lawful interstate transportation of silencers. Possession of the firearms also must comply with all State and local laws.

[18 U.S.C. 922(a)(4); 27 CFR 478.28] Last Reviewed September 23, 2016
 

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