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Farva
17 September 2015, 19:10
Is anyone current on what the laws are on transporting an SBR across state lines? I've read up on it to a degree and everything I've seen (the way I understand it) seems to be mentioning transporting across state lines for selling of the weapon. I'm wanting to take some carbine classes but will more than likely have to travel for it which is why I ask. Thanks in advance.

alamo5000
17 September 2015, 19:41
I was asking about this the other day on another thread. From what I gather you have to file a form (in advance) with the ATF stating where you are going to. Once it comes back you keep it with you while you travel. Beyond that, I have no idea.

My other question was if you have an SBR'ed lower and you put a 16" barrel on it and take it out of state, do you need to file with the ATF for that??? Seems like there was some conflicting or vague information. Some say yes and other people say no.

Farva
17 September 2015, 21:15
I was asking about this the other day on another thread. From what I gather you have to file a form (in advance) with the ATF stating where you are going to. Once it comes back you keep it with you while you travel. Beyond that, I have no idea.

My other question was if you have an SBR'ed lower and you put a 16" barrel on it and take it out of state, do you need to file with the ATF for that??? Seems like there was some conflicting or vague information. Some say yes and other people say no.

Here's what I read:

§ 478.28 Transportation of destructive devices and certain firearms.

(a) The Director may authorize a person to transport in interstate or foreign commerce any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle, if he finds that such transportation is reasonably necessary and is consistent with public safety and applicable State and local law. A person who desires to transport in interstate or foreign commerce any such device or weapon shall submit a written request so to do, in duplicate, to the Director. The request shall contain:
(1) A complete description and identification of the device or weapon to be transported;
(2) A statement whether such transportation involves a transfer of title;
(3) The need for such transportation;
(4) The approximate date such transportation is to take place;
(5) The present location of such device or weapon and the place to which it is to be transported;
(6) The mode of transportation to be used (including, if by common or contract carrier, the name and address of such carrier); and
(7) Evidence that the transportation or possession of such device or weapon is not inconsistent with the laws at the place of destination.
(b) No person shall transport any destructive device, machine gun, short-barreled shotgun, or short-barreled rifle in interstate or foreign commerce under the provisions of this section until he has received specific authorization so to do from the Director. Authorization granted under this section does not carry or import relief from any other statutory or regulatory provision relating to firearms.
(c) This section shall not be construed as requiring licensees to obtain authorization to transport destructive devices, machine guns, short-barreled shotguns, and short-barreled rifles in interstate or foreign commerce: Provided, That in the case of a licensed importer, licensed manufacturer, or licensed dealer, such a licensee is qualified under the National Firearms Act (see also Part 479 of this chapter) and this part to engage in the business with respect to the device or weapon to be transported, and that in the case of a licensed collector, the device or weapon to be transported is a curio or relic.
[33 FR 18555, Dec. 14, 1968. Redesignated at 40 FR 16385, Apr. 15, 1975, and amended by T.D. ATF–138, 48 FR 35399, Aug. 4, 1983]


It mentions commerce in there a bunch. Commerce is defined as "the activity of buying and selling goods..." So if I'm not transporting to sell the weapon do I still need the forms?

Also to answer your question pertaining to the 16" upper on an SBR lower I would say yes you still need to since the lower is registered as the SBR weapon, or at least that's my understanding of it.

Slippers
17 September 2015, 22:35
You have to submit a form 20. Takes about 2-3 weeks to come back. You can put multiple lower receivers on it. You also specify the destination and dates, which can be up to 365 days. You do not have to submit separate forms for each state you may travel through on your way unless you plan on staying overnight.

You do need to keep the approved form 20 with you while you travel.

I drive from NC to PA multiple times every year and have it on my annual calendar to do a form 20 for my SBR lowers, 365 days every time.

There is varying info about swapping the upper for a 16" barrel. I personally don't take any chances because the form 20 is easy and free.

Farva
18 September 2015, 16:40
You have to submit a form 20. Takes about 2-3 weeks to come back. You can put multiple lower receivers on it. You also specify the destination and dates, which can be up to 365 days. You do not have to submit separate forms for each state you may travel through on your way unless you plan on staying overnight.

You do need to keep the approved form 20 with you while you travel.

I drive from NC to PA multiple times every year and have it on my annual calendar to do a form 20 for my SBR lowers, 365 days every time.

There is varying info about swapping the upper for a 16" barrel. I personally don't take any chances because the form 20 is easy and free.

Copy that. Thank you sir! Is there a way to do it online or do you have to print and mail in a form?

voodoo_man
18 September 2015, 16:58
How do you transport SBR's?

As pistols.

errr..I mean...legally by doing what Slippers has posted.

schambers
19 September 2015, 10:22
Does the Form 20 cover suppressors as well?

Dstrbdmedic167
19 September 2015, 10:28
Does the Form 20 cover suppressors as well?

Not required for suppressors but a lot of people do it anyway since they're sending in the form for a SBR.

Slippers
19 September 2015, 11:21
Copy that. Thank you sir! Is there a way to do it online or do you have to print and mail in a form?

The form 20 cannot be submitted online. It's a form PDF, so you can fill in all the info, print 2 copies, sign them both, and mail them to the provided address.

https://www.atf.gov/file/61536/download


Does the Form 20 cover suppressors as well?

Like James said it doesn't hurt to do it, even though it is not necessary. A lot of people recommend it just to be safe.

Hmac
19 September 2015, 14:44
Also to answer your question pertaining to the 16" upper on an SBR lower I would say yes you still need to since the lower is registered as the SBR weapon, or at least that's my understanding of it.

No. If the rifle has a 16+ upper on it, it is removed from the purview of the NFA as long as you don't "retain control" of the upper when you go out of state. In other words, leave the short barrel at home. Review this letter (https://www.guntrustlawyer.com/files/2015/02/Transport-a-Title-II-as-a-Title-1-across-state-lines.pdf) from the Director of the FTB.

If you put a 16" barrel on it and sell the short barrel, the gun is a GCA, Title I firearm. It can be transported out of state, even sold same as any GCA firearm. The ATF would like you to notify them so that they can remove it from the NFRTR, but it's just a suggestion. The law doesn't require it.

Not sure why there so much confusion about all of this. Haven't any of you read the SBR/SBS FAQ on the ATF's website? https://www.atf.gov/qa-category/national-firearms-act-nfa