Q: Does FOPA protect NFA owners while traveling with NFA items?

[The Heretic]

Can a NFA owner travel thru a state, that bans a given NFA item, with an NFA item, while being protected by NFA (in the same context of non-NFA items - e.g., just passing thru, not stopping overnight/etc.)?

Is there case law/examples?

Reason I am asking: I have been thinking of getting suppressors for some time now, but I have also thought of retiring and doing some traveling thru the US in an RV. I would like to take the suppressors with me. If for example, I took a highway thru Calif on my way thru the southwest, and I pass thru just for the day without stopping and I get stopped for a broken tail-light, and for whatever reason the CHP does a search of my vehicles (say I am towing a 4x4) and finds a suppressor, does FOPA protect me?

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[Lazyfaire]

Can a NFA owner travel thru a state, that bans a given NFA item, with an NFA item, while being protected by NFA (in the same context of non-NFA items - e.g., just passing thru, not stopping overnight/etc.)?

Is there case law/examples?

Reason I am asking: I have been thinking of getting suppressors for some time now, but I have also thought of retiring and doing some traveling thru the US in an RV. I would like to take the suppressors with me. If for example, I took a highway thru Calif on my way thru the southwest, and I pass thru just for the day without stopping and I get stopped for a broken tail-light, and for whatever reason the CHP does a search of my vehicles (say I am towing a 4x4) and finds a suppressor, does FOPA protect me?

I asked a question along these lines a while back. As I understand it, you cannot take an SBR across state lines without NFA permission(there is even a form for this), but you can take suppressors across as they are considered an NFA accessory. They are not state regulated except as to whether they can be used for hunting or not. I would not have one attached to any type of weapon if you are traveling. Locked in a case(s) in the trunk seems best. But, I am not an expert. I don't think that I have ever seen anything concerning the 'traveling through' scenario.

Ask Steve at Cerebus or up at Sporting Systems for better info.

 

[KKG]

You might want to direct your question to a lawyer.

 

[CountryGent]

Yes, technically, FOPA86 protects all legal firearms. NFA firearms, except silencers and AOWs, must have preapproval from ATF before traveling. The form you want for MGs, DDs, SBRs, and SBSs is ATF 5320.20. ATF will deny the form if possessing the item in the destination will violate State or local law.

 

[Tornado-Technologies]

Yes technically it does. If you get pulled over in CA and they find suppressors, unless it's a Conservative Sherrif, expect to loose them.
If it's in LA you might even be arrested.
I've never heard of a successful prosecution, but I have had 2 customers that have lost suppressors this way. They were taken in CA traffic stops and the agencies involved refused to return them. I told customers to report them lost or stolen to prevent a department keeping them for their own use.

 

[VinnieBoomBah]

When I moved here from AZ 10 years ago I called the CA AG's office and asked if FOPA would 'protect' me if on some random chance, like a traffic stop or accident, I was found to have a CA banned AR and standard capacity magazines while in CA. I was told that I could certainly present that argument before a judge, but in all probability I would be arrested if an officer observed those items in my car.

YMMV, but we did not drive through CA and JMHO the laws and politicians in CA pose a bigger treat to my health and safety than any rando bad guy I might encounter there.