Transporting supressor NC to VA

Armed4defense

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So I bought some property in Virginia and even though I still have residence in NC for a few years ,would like to take my supressor up to shoot on my land. Talked to an ATF agent out of Raleigh office who said I would need to file a Form 5320.20 to do this legally. Downloaded the form and as I read it, I would have to file one every time I carried it up there since it asks for a specific period of time on the form. Anyone with more experience transporting NFA items know more? Thanks for any help. Had a Virginia attorney's office to tell me "just wrap it up in a towel and go with it". With my luck first time I tried that, I would get stopped by some Barney Fife and end up in Federal pen -I think not.
 
So I bought some property in Virginia and even though I still have residence in NC for a few years ,would like to take my supressor up to shoot on my land. Talked to an ATF agent out of Raleigh office who said I would need to file a Form 5320.20 to do this legally. Downloaded the form and as I read it, I would have to file one every time I carried it up there since it asks for a specific period of time on the form. Anyone with more experience transporting NFA items know more? Thanks for any help. Had a Virginia attorney's office to tell me "just wrap it up in a towel and go with it". With my luck first time I tried that, I would get stopped by some Barney Fife and end up in Federal pen -I think not.


For my 5320’s, I’ve submitted with date range of Jan 1 to Dec 31 and been approved. For reason I put “training and competition use”

That was for SBRs, I’ve not submitted for suppressors as it’s not required.
 
Read the form again. See where it mentions SBRs, SBSs, DDs and MGs? Silencers and AOWs are exempt from the 5320.20. You’ll see the same thing on both the Form 1 and Form 4.

That being said, they will approve one. You can request up to a full year. 1/1-12/31, 4/1-3/31, 2/3-2/2...any full year of dates, just make sure the end date is one day earlier than the start date.

ETA: I file mine every fall for the entire next year. I did include my one AOW because I had room on the form, but I’ve never filed one for a Silencer.
 
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You do NOT need prior ATF approval to transport silencers from your state to another.
You DO need it for transport of other Class 3 items (machine guns, SBR’s etc)

You can fill out a 5320.20 if you really want to, but there is no real benefit for Suppressors.
You can also fill it out for up to a year in advance, that way you can go there at any time during the current year and it is still valid.

I do this for my class 3 rifles as I travel frequently
 
Why would ATF tell me otherwise? Heck they even "did research" on my question and called me back. Maybe they just wanted my name and number :confused:
My guess is they looked quickly and gave you a safe answer. Ive been dealing with the ATF, and at times Ive wondered what laws they actually know. I mean, how many laws are there really.

I too fill out 5320 paperwork for SBRs and make them good for 364 days.
 
Why would ATF tell me otherwise? Heck they even "did research" on my question and called me back. Maybe they just wanted my name and number :confused:
Because the ATF and “gun lawyers” are often some of the worst sources of info you’ll find.

I asked the ATF a question recently that I knew the answer to. This was by email, so they weren’t put on the spot like a phone call. They gave me an answer of 1 year. The correct answer was 3 years...which I pointed out the statute for when I replied to his answer. He said, oh...I guess it’s three.

You need to get familiar with the statutes and regulations. That’s the true final answer.
 
I too fill out 5320 paperwork for SBRs and make them good for 364 days.
Why would you waste a day? :eek:

(And for the record...they’re all 5320 forms. 5320.1, 5320.4, 5320.20, etc. :p )
 
Because the ATF and “gun lawyers” are often some of the worst sources of info you’ll find.

I asked the ATF a question recently that I knew the answer to. This was by email, so they weren’t put on the spot like a phone call. They gave me an answer of 1 year. The correct answer was 3 years...which I pointed out the statute for when I replied to his answer. He said, oh...I guess it’s three.

You need to get familiar with the statutes and regulations. That’s the true final answer.
You are right. Just never had a need to take it anywhere -just used it on my property here in NC. Thanks for the info.
 
You need to get familiar with the statutes and regulations. That’s the true final answer.
...and because they're worth being familiar with, I'll add them to this thread.

on page 3 of the Form 1 (5320.1), under Important Information for Currently Registered Firearms, you'll find:

Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320.20 can be used to request this permission.

...same for the Form 4 (5320.4):

Interstate Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF Form 5320. 20 can be used to request this permission.

...and the 5320.20 includes this on page 3 under Instructions:

(a) 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. A letter of request, in duplicate, containing all information required on this form, may be submitted in lieu of the form.

(every report I've read of somebody trying the letter in lieu of resulted in the ATF returning the letter with a blank 5320.20...so I don't know what would happen if you pushed back on it quoting the regulations and even the instructions on the form)

The forms are not the law, so we dig one step deeper.

18 U.S. Code § 922. Unlawful acts says:

(a) It shall be unlawful—
(4) for any
person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

(continued below)
 
(continued from above)

and 27 CFR § 478.28 - Transportation of destructive devices and certain firearms includes:

(a) The Director may authorize a person to transport in interstate or foreign commerce any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, if he finds that such transportation is reasonably necessary and is consistent with public safety and applicable State and local law. A person who desires to transport in interstate or foreign commerce any such device or weapon shall submit a written request so to do, in duplicate, to the Director. The request shall contain:

(1) A complete description and identification of the device or weapon to be transported;
(2) A statement whether such transportation involves a transfer of title;
(3) The need for such transportation;
(4) The approximate date such transportation is to take place;
(5) The present location of such device or weapon and the place to which it is to be transported;
(6) The mode of transportation to be used (including, if by common or contract carrier, the name and address of such carrier); and
(7) Evidence that the transportation or possession of such device or weapon is not inconsistent with the laws at the place of destination.

(b) No
person shall transport any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle in interstate or foreign commerce under the provisions of this section until he has received specific authorization so to do from the Director. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms.

(c) This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and
short-barreled rifles in interstate or foreign commerce: Provided, That in the case of a licensed importer, licensed manufacturer, or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 479 of this chapter) and this part to engage in the business with respect to the device or weapon to be transported, and that in the case of a licensed collector, the device or weapon to be transported is a curio or relic.

So...there it is...and "it" doesn't mention Silencers or AOWs anywhere. :D
 
Why would ATF tell me otherwise? Heck they even "did research" on my question and called me back. Maybe they just wanted my name and number :confused:

Maybe they were confused.
Maybe you were just talking to some clerk.
Who knows, I can tell you that “the ATF told me to do it,” would not hold up in court.

Maybe they thought you were moving permanently, or were keeping the silencers at that location.

They good news is that you can submit as many 5320.20’s as you want at the same time. You can even e file them.
 
You can even e file them.
You can email and fax them, but can’t efile using EForms. Which is ridiculous. It should be available, and immediate approval if the “To” ZIP allows NFA items.
 
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