Interstate Transport

[cory]

Does anyone here know which statute of the National Firearms Act requires permission from the ATF to transport an SBR with a Form 1 Tax Stamp across state lines?

[rwh]

Section 922 (a)(4), Title 18 U.S.C. You need to file two of these forms https://www.atf.gov/resource-center/docs...0/download

[cory]

Thanks, but that's not it.

27 CFR 478.28
https://www.law.cornell.edu/cfr/text/27/478.28

Now my question is once I have permission to transport an SBR to another state, what part of the law puts a lifespan on that permission? Without a specific lifespan on the permission would said permission not be valid for as long as the Form 1 is valid?

[rwh]

I am not guessing well today but I'll push my luck and guess "(4) The approximate date such transportation is to take place;"

[cory]

"(4) The approximate date such transportation is to take place;"

And that's only required information to be provided to receive the permission. There is nothing that states the permission expires on the date you provide.

[rwh]

That might be a decent defense but the instructions are pretty specific. I don't think I would want to be breaking the ground on this one. Those ATF guys can be strict.

[explorecaves]

IIRC it is 1 year from date of approval.

Correction, you can input up to a 1 year duration for approval. For example, Jan 1 2017 to Jan 1 2018.

[cory]

IIRC it is 1 year from date of approval.

Can you site that statute, please?

[explorecaves]

I have only heard second hand of ATF rejecting longer duration than 1 year... I have not been able to find anything stating a hard requirement. I assume ATF would argue a longer duration should be considered a permanent move.

[cory]

I have only heard second hand of ATF rejecting longer duration than 1 year... I have not been able to find anything stating a hard requirement. I assume ATF would argue a longer duration should be considered a permanent move.

I hear you brother. At the end of the day the law says what it says and doesn't say what it doesn't say. We have got to stop letting the federal government make it up as they go.

[din]

Do you have to send the letter for suppressors or only SBRs?

[cory]

Do you have to send the letter for suppressors or only SBRs?

Everything NFA, but suppressors as I understand it.

[Les]

Very good question, I've wondered about crossing state lines myself. Maybe a call to ATF is in order?

[cory]

Very good question, I've wondered about crossing state lines myself. Maybe a call to ATF is in order?

What does that get you? A second hand biased opinion of the law. I've meant to call a lawyer that is experienced in dealing with the NFA.

[explorecaves]

Do you have to send the letter for suppressors or only SBRs?

Read Instruction "a" on the form. Silencers/suppressors are not listed. That said, it can help you if you run into an overzealous LEO to have the approved form.

[Les]

Read Instruction "a" on the form. Silencers/suppressors are not listed. That said, it can help you if you run into an overzealous LEO to have the approved form.

It would certainly appear since suppressors aren't listed, permission isn't needed. Or did I miss something?

[explorecaves]

It would certainly appear since suppressors aren't listed, permission isn't needed. Or did I miss something?

There are reports all over the internet saying notification is all that is needed. Many will have the form filled out with them and just say it is in the mail...

[Josh]

You don't need anything for suppressors or AOWs, they just need to be legal where you're going.

[Texas]

I have actually called the ATF and asked similar questions on NFA items and they have been quite helpful. Have even received the response in writing.

[Les]

You don't need anything for suppressors or AOWs, they just need to be legal where you're going.

Found a thread on silencertalk that said the same thing. Just good piece of mind if I ever travel South for hogs.