The Firing Line Forums

Go Back   The Firing Line Forums > The Hide > NFA Guns and Gear

Reply
 
Thread Tools Search this Thread
Old October 9, 2017, 03:29 PM   #1
edteach
Member
 
Join Date: October 8, 2008
Posts: 95
Moving interstate with SBR questions.

I am moving from Florida to Arkansas. Both states my trust is valid in. I applied to ATF for a transfer of my SBR with a form Application to Transport interstate. I filled it out on Sep. 5th and asked to move it Oct. 15th to Oct 25th. I was not sure of the exact day and it will take me three days to get to my destination as I will be driving a moving truck and going slow. I have not heard anything from ATF yet and tried to call but its a holiday. Any help appreciated. I was told that I do not need to inform ATF on the Suppressors.
edteach is offline  
Old October 9, 2017, 09:28 PM   #2
Theohazard
Senior Member
 
Join Date: April 19, 2012
Location: Western PA
Posts: 3,829
Short answer:

You can transport your SBR interstate without approval if you do the following: Separate the upper and lower of your SBR, transport them separately, and once you cross state lines don't let them get near each other until you have the approved Form 5320.20 in hand.

Long answer (with citations):

This same thing happened to a customer of mine: His Form 4s for both his SBRs came back just a week before he was making an interstate move. Our store was in the middle of an ATF inspection at the time, and my customer wanted me to ask the lead ATF agent if he could expedite his Form 5320.20 (interstate transfer form). The ATF agent said he couldn't, but he added that if the SBRs were disassembled into uppers and lowers and transported separately it would be perfectly legal. He said that as long as the SBR uppers and lowers weren't re-assembled (or transported or stored too close to each other) before the approved Form 5320.20 came back, no laws or regulations would be broken.

But you don't need to take my word for it. Here is an excerpt from section 2.5 of the the ATF's NFA handbook where they point out that an SBR isn't considered an SBR unless it's currently in SBR configuration:
Quote:
Originally Posted by the ATF
Firearms, except machineguns and silencers, that are subject to the NFA fall within the various definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon.

For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel. Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified firearm is not subject to the NFA.
So that means if you separate the upper and lower of an SBR, you aren't in possession of an SBR and you can transport the parts interstate just like it was a regular firearm. Don't forget that once you get across state lines, not only can you not re-assemble the upper and lower until your Form 5320.20 comes back, but you also can't have the upper and lower in "close proximity" to each other with no other "useful purpose" for having them.

While it's true that an SBR isn't an SBR unless it's assembled, there are situations where by merely having the parts near each other you could be considered to have the intent to assemble them. This situation is outlined in ATF Ruling 2011-4. Basically, if you have no other "useful purpose" for having those parts other than to illegally assemble an SBR, those parts must also be in "close proximity" to each other to be illegal.

What's the exact definition of "close proximity"? I have no clue. I asked that ATF agent and he told me to ask a lawyer. I recently moved interstate and the same thing happened to me: My Form 5320.20 didn't come back before I moved, so I put my SBR lower in one car and my two short uppers in another car and I made sure there were no other lowers in the car with the uppers. When I got to my new house, it took a week for my form to come back, during that time I just left my short uppers locked in my car. I'm not a lawyer, but it seemed to me that wasn't "close proximity", so I took my chances.

Obviously, this is only regarding federal laws and regulations. It's always possible you could have issues with local or state laws.
__________________
0331: "Accuracy by volume."

Last edited by Theohazard; October 10, 2017 at 08:20 AM.
Theohazard is offline  
Old October 10, 2017, 08:46 AM   #3
edteach
Member
 
Join Date: October 8, 2008
Posts: 95
I called ATF and they told me they found no application. Great, So I sent a copy of the application and asked for expedited approval. I also will see if its OK to separate the two and move them till I get the approval letter.
edteach is offline  
Old October 10, 2017, 09:34 AM   #4
Theohazard
Senior Member
 
Join Date: April 19, 2012
Location: Western PA
Posts: 3,829
You can't always be sure the person on the phone knows what they're talking about. If they tell you that you can't take it interstate without approval even if the parts are disassembled and sufficiently far apart, they're wrong.

It's very clear according to the guidelines set forth by federal law and ATF rulings and regulations: An SBR is not an SBR if it's not in SBR configuration. So as long as you avoid any constructive possession issues (see 2011-4), you can take it interstate like a normal Title I firearm.

Now, the only issue I could see would be when you were in your new state and got the approved 5320.20 back: Technically that form would be incorrect since you didn't actually transport an SBR across state lines: You transported a receiver across state lines and a short upper that was completely separate. Also, I could see them having an issue with the Form 5320.20 being retroactive since it would end up getting approved after the move dates you put on the form.

That said, the ATF agent I dealt with was well-versed in the NFA and he didn't have any problem with it. In my experience when it comes to issues like the details of the info you put on the 5320.20, the ATF tends to be a little flexible as long as you're doing your best to comply. I mean, who can be 100% sure of the exact amount of time it will take to drive across the county? I know I couldn't: My transport dates on my form ended up being off thanks to situations beyond my control.
__________________
0331: "Accuracy by volume."

Last edited by Theohazard; October 10, 2017 at 10:04 AM.
Theohazard is offline  
Reply

Thread Tools Search this Thread
Search this Thread:

Advanced Search

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off

Forum Jump


All times are GMT -5. The time now is 12:21 PM.


Powered by vBulletin® Version 3.8.7
Copyright ©2000 - 2024, vBulletin Solutions, Inc.
This site and contents, including all posts, Copyright © 1998-2021 S.W.A.T. Magazine
Copyright Complaints: Please direct DMCA Takedown Notices to the registered agent: thefiringline.com
Page generated in 0.04118 seconds with 8 queries