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October 9, 2017, 03:29 PM | #1 |
Member
Join Date: October 8, 2008
Posts: 95
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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.
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October 9, 2017, 09:28 PM | #2 | |
Senior Member
Join Date: April 19, 2012
Location: Western PA
Posts: 3,829
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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:
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.
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0331: "Accuracy by volume." Last edited by Theohazard; October 10, 2017 at 08:20 AM. |
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October 10, 2017, 08:46 AM | #3 |
Member
Join Date: October 8, 2008
Posts: 95
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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.
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October 10, 2017, 09:34 AM | #4 |
Senior Member
Join Date: April 19, 2012
Location: Western PA
Posts: 3,829
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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.
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0331: "Accuracy by volume." Last edited by Theohazard; October 10, 2017 at 10:04 AM. |
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