Post By dukalmighty
January 12th, 2013 11:50 AM
Moving with Class III Items
Anyone have any experiance with moving to another state and bringing their Class III items with them?
Wondering how much of a headache it is.
January 12th, 2013 11:57 AM
I'm also curious. I would own a silencer and a short barrel rifle but I'm living in my 3rd state in 5 years and life is hard enough without the extra headache.
January 12th, 2013 01:02 PM
A permanent change of residence to a new state requires notice to the ATF. Again, a Form 5320.20 is used to document the permanent interstate move with notice provided to the ATF for all types of NFA firearms, including AOWs and suppressors. Similar to a temporary move, ATF will generally approve the permanent change of address if the destination state allows NFA firearms.
In some cases, certain NFA types of firearms may be permitted, while other types are not. For example, Washington State allows the possession of AOWs, suppressors, and destructive devices, but prohibits the possession of machine guns, short-barreled rifles, and short-barreled shotguns. A request to transport any of the three prohibited types of firearms to Washington State on a temporary or permanent basis would be denied by the ATF. When in doubt, seek advice from the ATF directly or competent legal counsel familiar with NFA firearm regulations.
Since individuals are not always able to drive to their final destinations, NFA firearms may need to be shipped through a common carrier or as luggage on a domestic airline. In these instances, the NFA firearm owner has several additional responsibilities. In the post-September 11th world, the Transportation Security Administration (TSA) has been charged with physically examining all cargo carried on aircraft originating from the US.
If an NFA firearm is shipped as aircraft luggage, be aware that the regulations for shipping a firearm are consistent, regardless of the type of firearm being shipped. All firearm owners traveling by air are required to ship firearms within a locked, hard-sided case. The case could be as small as a pistol case, or could be hard-sided luggage, as long as the case can be secured with a lock.
NFA firearm owners traveling by air should be prepared for a physical inspection of the firearm by TSA officials, and in rare instances, additional security screening. In several instances, passengers have been detained or delayed while TSA officials verify that the NFA firearm is legal. Having multiple copies of all the ATF documents may prevent a potentially volatile situation and may assist in getting the situation resolved in a timely manner. If traveling with NFA firearms as checked aircraft luggage, plan to arrive at the airport early, be patient, and follow all directions from TSA and other LE officers.
If traveling by air is not practical, it is permissible to ship firearms to yourself or to a licensed firearms dealer through a common carrier. This is particularly convenient when trying to avoid luggage fees and the potential for lost luggage by the airlines. In other instances, an NFA firearm may need to be shipped to a licensed dealer for repair or sale.
Owners of NFA firearms should be aware that many common carriers, UPS and Fed-Ex included, have specific requirements for the shipment of machine guns and other NFA firearms. Often, common carriers will require that firearms be shipped via overnight delivery, resulting in additional cost. If the correct shipping procedure is not followed, private carriers have been known to deny insurance claims for loss, theft, or damage. It pays to know the limitations and restrictions prior to shipping firearms via a common carrier.
The US Postal Service allows rifles to be mailed, but “pistols, revolvers, or other firearms capable of being concealed” cannot be mailed by anyone but licensed federal firearms licensees. Presumably, short-barreled shotguns and short-barreled rifles could be mailed if the firearm is not capable of being “concealed.” Although time consuming, shipping a firearm through USPS Registered and Insured mail is probably one of the most secure methods of shipping a firearm. Due to the internal procedures used by the postal service, it is highly unlikely that a piece of registered mail will be lost. If registered mail is lost or misplaced, the postal service will generally pay the insured amount without complaint.
Although there are added restrictions and requirements for the transportation of NFA firearms, the requirements can typically be met with a little prior planning. This synopsis of the legal requirements needed to transport NFA firearms is not intended to address all potential legal issues that may arise during intra- or interstate movement of NFA firearms. Again, when in doubt, seek advice from ATF directly or competent legal counsel familiar with NFA firearm regulations.
"Outside of the killings, Washington has one of the lowest crime rates in the country,"
--Mayor Marion Barry, Washington , DC .
January 12th, 2013 06:59 PM
Thanks, Duka...do you know if you need permission from the Sheriff in the county you are moving to before sending these items.
Never mind, I'll contact him directly once the decision to move is finalized.
It does not appear to be the headache I thought it would be.
January 12th, 2013 09:30 PM
You need to pick up the latest American Hangunner magazine as it has an article covering much of what you're asking. Basicly you don't need the sheriff's "permission" as the form only requires his acknowledgement that you aren't legally prohibited from having it, etc. You do need to know if your tiens are legal in teh state you're moving to, for instance not all states allow machine guns--licensed or not.
Retired USAF E-8. Lighten up and enjoy life because:
Paranoia strikes deep, into your heart it will creep. It starts when you're always afraid...
"For What It's Worth" Buffalo Springfield
January 12th, 2013 09:43 PM
The Form that you fill out is taken with you(once approved) in case any issue arise, like getting stopped on the side of the road with all kinds of fancy toys. Basically it tells the ATF that you are making the trip so that they can verify with Law Enforcement ( if needed) the fact that you are legal.
They will only approve the form if is going through states that are legal, if you are taking a route though a state that doesnt allow it, they wont approve it.
I would rather stand against the cannons of the wicked than against the prayers of the righteous.
AR. CHL Instr. 07/02 FFL
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January 13th, 2013 08:54 AM
Thanks, folks, I believe I have a handle on it now!
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