Traveling with an NFA weapon in an RV.

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aegis551
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Traveling with an NFA weapon in an RV.

Post by aegis551 »

I'm looking to purchase an SBR with an integrated silencer. My primary residence is an RV (I have a winter residence in south Texas) and I travel throughout the country. What legal issues am I going to face if I travel with this in my RV?
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smustian
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Re: Traveling with an NFA weapon in an RV.

Post by smustian »

Better check with the ATF on that question. You will have to list a state when you register your SBR. To cross state lines with a SBR, you are supposed to get prior approval from the ATF, in writing, stating where you are going and how long you will be gone. Not sure if an integral suppressor is considered an NFA part of not and may require it's own permission. When you travel, you will be fine as long as you do not stop anywhere to do more than eat or sleep. Anything more than that, you have to follow the state laws of where you are.

Since you travel the country, I would forget anything SBR. Just way too much hassle and chances of doing something wrong depending on what state you are in.
IMGrunt
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Re: Traveling with an NFA weapon in an RV.

Post by IMGrunt »

I've been thru a bit of this for hunting purposes. Integral suppressor is an NFA item regardless. Rifle may not be an SBR as long as the total length with integral suppressor takes the rifle barrel length out to 16"...as long as it is totally an integral suppressor (essentially permanent) per ATF regulation. DDISR is an example of suppresor but not an SBR...measures 16" and a bit more so it is not an SBR. Actual barrel length is 8"ish as I recall.
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Sithlord
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Re: Traveling with an NFA weapon in an RV.

Post by Sithlord »

To combine the two previous posts (and IANAL).

NFA Requirements are to request permission from the ATF using Form 5320.20 (Form 20) when transporting a SBR (or SBS, or machine gun) across state lines. You do this for every state that you wish to 'shoot' in, which means, in your case, every state which would allow SBRs. They WILL NOT approve the Form 20 if the state you are going to does not allow SBRs (for instance, I have two SBRs in VA. I have a disapproved Form 20 from the ATF for Maryland). The law does not indicate whether you need to only submit one per state, or one per 'shooting location', however, I provide only one per state, and that is the guidance I have received from a SOT owner.

Suppressors are NOT EXPLICITLY LISTED in the Form 20 requirements. Some people, however, will add their suppressors to a Form 20 to CYA. There is no LEGAL requirement to do so.

Many integral suppressors (and I have one) are SPECIFICALLY DESIGNED to be a 1-stamp gun. 16.25" 'barrel length'. The barrel is shorter than 16", however, as IMGrunt stated, an integral is considered part of the barrel (assuming it's permanently attached to the barrel), and thus, the gun is not considered a short barrel rifle.

Note, while you do not need permission to cross state lines with a suppressor, that does not mean that the suppressor is LEGAL in every state. The Firearm Owners Protection Act (FOPA) states that this is OK (temporary travel through a state which considers a firearm in your possession to be illegal), however, that does not mean that you could have a huge issue if stopped for any reason in the state which deems the firearm (suppressor) to be illegal. It is generally recommended in those instances to keep the firearm locked, out of immediate sight (even the case). You do not have to open the case without a warrant. Get a guitar case, which will stand up to even less scrutiny, for instance.

I wouldn't recommend an SBR in your case for these reasons. But a 16" integral.. Absolutely..

HTH...
rpk47
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Re: Traveling with an NFA weapon in an RV.

Post by rpk47 »

Sithlord wrote: I wouldn't recommend an SBR in your case for these reasons. But a 16" integral.. Absolutely..
This right here. Make sure the suppressor is permanently attached to the barrel and makes it 16" or more. At that point you should only need to be aware of state laws and what ones are suppressor friendly.
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L1A1Rocker
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Re: Traveling with an NFA weapon in an RV.

Post by L1A1Rocker »

This reminds me of one of those "mental exercises" that ran on Silencertalk. The hypothetical was a sailboat that would put into port in various states as the "full timer" enjoyed their retirement. I don't believe that it was ever resolved.
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Re: Traveling with an NFA weapon in an RV.

Post by Sharkbite »

I would do a 5320.20 for EVERY state i was going to for the SBR. The can does not need one.

The problem i see is the 5320.20 needs an ADDRESS the gun will be at during your "stay" in the state. With an RV that might be an issue.

The good news is you can do a 5320.20 that covers an entire year. So you could preplan the trips and file accordingly.

This is just one more reason the NFA infringes on our rights to travel freely.
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plant.one
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Re: Traveling with an NFA weapon in an RV.

Post by plant.one »

why dont you just build it as an ar-pistol. that would simplify your legal issues quite a bit and make transport relatively simple.
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srs
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Re: Traveling with an NFA weapon in an RV.

Post by srs »

Sharkbite wrote:I would do a 5320.20 for EVERY state i was going to for the SBR. The can does not need one.

The problem i see is the 5320.20 needs an ADDRESS the gun will be at during your "stay" in the state. With an RV that might be an issue.

The good news is you can do a 5320.20 that covers an entire year. So you could preplan the trips and file accordingly.

This is just one more reason the NFA infringes on our rights to travel freely.
You most likely are staying at a campground in each state, simply use that address on your form 20.
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