ATF Form 5320.20 - Moving permanently to a new state

[Tactical Beaver]

Hey ODT,

I'm looking for some clarification on this form as it's very vague.

Anyone have experience with this?

How long to get approval?

Can I e-file?

I'm confused by the "commerce" language....

I'm soon to move to a new state and I would like to bring (obviously) all of my NFA items that are properly registered with the ATF.

I do not intend to sell or engage in "commerce"

The state I'm moving to, all NFA items are legal.

Can I simply transport them to my new address??

From the ATF's website, I'm confused by the red text below:

I have a NFA firearm and I’m moving. What do I do?​

A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT) {does not apply to me}, may not lawfully transport in interstate or foreign commerce {??? - I do not intend to engage in commerce; private use only and for all legal purposes} any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval of ATF, specifically the NFA Branch.
Approval for the transportation may be obtained by either a written request, or an approved application filed with ATF on Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain NFA Firearms. Please note that applications to transport NFA firearms will be approved only if consistent with all state and local laws.
[18 U.S.C. § 922(a)(4); 27 CFR § 478.28]

 

[alleycat]

Form 5320.20 and you can email it, don’t let the wording concern you. Here’s a great link: https://www.silencershop.com/blog/post/moving-with-a-suppressor

I’ve used that same form to take an sbr out of state for a tournament…usually received it back in about 21 days from when I sent the email.


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[Tactical Beaver]

Form 5320.20 and you can email it, don’t let the wording concern you. Here’s a great link: https://www.silencershop.com/blog/post/moving-with-a-suppressor

I’ve used that form to take an sbr out of state for a tournament…usually received it back in about 21 days from when I sent the email.

What if it’s a temp address? Like a PO Box or UPS address?

 

[alleycat]

What if it’s a temp address? Like a PO Box or UPS address?

I don’t have any info on that but I do know that they specifically require you have to provide the physical address where the items will be stored. This prohibits the use of a PO box


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[Tactical Beaver]

I don’t have any info on that but I do know that they specifically require you have to provide the physical address where the items will be stored. This prohibits the use of a PO box


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If I don’t, is it breaking the law or just out of compliance. Just seeking to understand all aspects.

 

[alleycat]

If I don’t, is it breaking the law or just out of compliance. Just seeking to understand all aspects.

I don’t have an answer for you on that.

 

[BHPSteel]

I was in a similar situation when I moved house although I did have a physical address in GA, it was an address where I was also going to be receiving other legal paperwork until I actually mved into my new home.

I filed my 5320.20 about 20 days before my move date and unsurprisingly, had heard nothing back BY the move date. What I did was that I kept a photocopy of the paperwork on hand, and a scanned copy on my computer. If I had been smart, I would have either e-filed it or sent it by registered mail. I had set up mail forwarding with the USPS so that any paperwork mailed back to me addressed for my old home would eventually arrive at another address that I could prove was one that another federal agency had been directed to send mail to.

I have no idea whether this is technically and fully legal. I was kind of relying on a "Reasonable Person" defense if anything had happened. Probably the best of a bad set of choices.

 

[Tactical Beaver]

I was in a similar situation when I moved house although I did have a physical address in GA, it was an address where I was also going to be receiving other legal paperwork until I actually mved into my new home.

I filed my 5320.20 about 20 days before my move date and unsurprisingly, had heard nothing back BY the move date. What I did was that I kept a photocopy of the paperwork on hand, and a scanned copy on my computer. If I had been smart, I would have either e-filed it or sent it by registered mail. I had set up mail forwarding with the USPS so that any paperwork mailed back to me addressed for my old home would eventually arrive at another address that I could prove was one that another federal agency had been directed to send mail to.

I have no idea whether this is technically and fully legal. I was kind of relying on a "Reasonable Person" defense if anything had happened. Probably the best of a bad set of choices.

So you moved addresses within the state of GA where your NFA item(s) we’re currently registered? I’ve done that too and was told by the ATF that was fine as long as I registered the permanent move once relocated. My question is about doing this while moving to another ATF friendly state. Reason for my inquiry is because this move is quite sudden. Can I move them, file later once I have a permanent address? Or do I need to find a secure place to keep them in GA until I obtain said address? State I’m moving too is not as gun friendly as GA, but all my NFA items are allowed in that state.

 

[Tactical Beaver]

So you moved addresses within the state of GA where your NFA item(s) we’re currently registered? I’ve done that too and was told by the ATF that was fine as long as I registered the permanent move once relocated. My question is about doing this while moving to another ATF friendly state. Reason for my inquiry is because this move is quite sudden. Can I move them, file later once I have a permanent address? Or do I need to find a secure place to keep them in GA until I obtain said address? State I’m moving too is not as gun friendly as GA, but all my NFA items are allowed in that state.

This state is also on the other side of the country. Driving back here just to move my NFA items seems so financially dumb, but I do want to abide by laws, as dumb as they are.

 

[BHPSteel]

So you moved addresses within the state of GA where your NFA item(s) we’re currently registered? I’ve done that too and was told by the ATF that was fine as long as I registered the permanent move once relocated. My question is about doing this while moving to another ATF friendly state. Reason for my inquiry is because this move is quite sudden. Can I move them, file later once I have a permanent address? Or do I need to find a secure place to keep them in GA until I obtain said address? State I’m moving too is not as gun friendly as GA, but all my NFA items are allowed in that state.

No, I moved from CT to GA. And my move was pretty sudden.

I knew I was moving from CT to GA in early Mar 2021, and I didn't know what address I was moving to. As soon as the home was built and had a physical address, I completed the 5320.20 and filed it (June, I think) and we moved in July. I transported my NFA items and I had a copy of utility/service bills for both addresses, and a copy of the 5320.20.

I locked up the NFA items at the new home (suppressors only) and didn't take them out to play until I got the ATF paperwork of acknowledgement back until September 2021.

I was technically out of compliance for 2 months, but I think I could arge that I'd complied with the spirit of the regulations to the extent that I could do so. I *guess* I could have transferred them to an SOT holder, but even that wouldn't have complied with the letter of the law.