This is what I was thinking exactly. Thank you Sir. So not a “criminal” act just out of compliance?
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ATF Form 5320.20 - Moving permanently to a new state
- Thread starter Tactical Beaver
- Start date
All my paperwork if legit, not trying or wanting to break any laws, this is just confusing and bs.
Also, all my NFA items are suppressors and SBR’s. Legal in the state I’m moving too. To my understanding, I don’t need to get ATF permission to transport suppressors across state lines for temp/personnel use as long as they’re legal in that state, but I do need approval to do the same with registered SBR’s, correct or no? What gets me is the word “commerce” which I’m not engaged in or plan to do. Just for personal use and all legal purposes. This tells me that I can transport these items to a state that allows them, notify ATF later when I have a permanent residence? Yes? No? If no, what are my options if I only have a storage locker left in GA?
H heavyd
Nonliberal
Burdy
GAgunLAWbooklet
"commerce" is a word that used to mean something but now that liberals are dominating our legal system and our political system it doesn't mean much anymore. ( kind of like the archaic binary sets of terms "men" and "women" or "male" and "female."
Today it's pick your own
pronoun du jour.)
Since the 1930's, a long line of cases from the appellate courts around the country and the Supreme Court of the United States have ruled the phrase "interstate commerce" can mean anything that either affects interstate commerce (even slightly) or uses the channels and means of interstate commerce --which probably includes the federally-funded interstate highway system.
NOTE : None of us right-wing, gun owning folks complained when Congress passed the firearms owners protection act of 1986 including a "safe passage" clause, a statutory right to travel interstate , recreationally, not just on business, with encased / unloaded firearms. THAT law wasn't about commercial transactions but nonetheless was founded on the principle of Congress superseding states' and local laws due to the Constitution's interstate commerce clause.
Yes, ATF wants notice where you're relocating to. And this makes sense actually because if they ever found that you became unqualified to own those weapons or if the weapons themselves are reclassified due to a new act of Congress they want to be able to find you / find the weapons.
Today it's pick your own
pronoun du jour.)
Since the 1930's, a long line of cases from the appellate courts around the country and the Supreme Court of the United States have ruled the phrase "interstate commerce" can mean anything that either affects interstate commerce (even slightly) or uses the channels and means of interstate commerce --which probably includes the federally-funded interstate highway system.
NOTE : None of us right-wing, gun owning folks complained when Congress passed the firearms owners protection act of 1986 including a "safe passage" clause, a statutory right to travel interstate , recreationally, not just on business, with encased / unloaded firearms. THAT law wasn't about commercial transactions but nonetheless was founded on the principle of Congress superseding states' and local laws due to the Constitution's interstate commerce clause.
Yes, ATF wants notice where you're relocating to. And this makes sense actually because if they ever found that you became unqualified to own those weapons or if the weapons themselves are reclassified due to a new act of Congress they want to be able to find you / find the weapons.
Great info, but respectfully doesn’t answer my questions... I tagged you because I know you know what your talking about ... so can I transport them to said NFA friendly state and file forms later or do I need to come up with a storage plan in GA until that ppw is approved? If I need to store them here, how? Given that the ATF is now saying only the registered owner can possess .. can’t even let my friends shoot my **** as far as my understanding....
Probably also need to think about state laws a bit here... Most seem to be written so all these NFA items are illegal unless they are properly registered with the ATF.
If you don't have that transfer approved you could fall foul of that kind of state law if somehow they came to light.
If you don't have that transfer approved you could fall foul of that kind of state law if somehow they came to light.
This would only affect the SBR(s), so maybe leave those back in GA for now until you have a permanent address?
Do you have a friend at the destination? If the items are on a trust you could add them and they could legally hold onto them for you. Do it as a temporary address change to them and then do the permanent one when you are settled.
Just thinking out loud...
Do you have a friend at the destination? If the items are on a trust you could add them and they could legally hold onto them for you. Do it as a temporary address change to them and then do the permanent one when you are settled.
Just thinking out loud...
All federal NFA ppw is legal and legit.
That’s great advice, thank you. I thought about that, but the only person I trust here in GA to do that, doesn’t want that responsibility. I even offered to buy him a safe, keep my stuff in it, he’d have no physical access which satisfies the ATF given he’s not on my trust or legal possessor, then offered to give him said safe, once I can transport them. He’s my best friend, but knows nothing about guns and refuses to let me do that. Maybe I just need to educate him more.
I can't give you legal advice on your specific situation involving what actions you are about to take.
I've moved intrastate first, and notified ATF later. Is that the best way? I donno.
Will ATF care if you do the same thing in your interstate move? I donno. They would not think it's legal but would they think it's illegal enough to give a rat's ass? To make a federal case out if it? Especially if the violation is 100% purely a violation of their administratively made rules and procedures and has no explicit authority in the NFA & other gun laws passed by Congress? I don't know. Don't they have bigger fish to fry what with Glock switches, silencer kits labeled as solvent traps, bumpfire stocks, ghost guns, and now SBR's with braces?
I would hope so.
I've moved intrastate first, and notified ATF later. Is that the best way? I donno.
Will ATF care if you do the same thing in your interstate move? I donno. They would not think it's legal but would they think it's illegal enough to give a rat's ass? To make a federal case out if it? Especially if the violation is 100% purely a violation of their administratively made rules and procedures and has no explicit authority in the NFA & other gun laws passed by Congress? I don't know. Don't they have bigger fish to fry what with Glock switches, silencer kits labeled as solvent traps, bumpfire stocks, ghost guns, and now SBR's with braces?
I would hope so.
