Suppressors Transporting suppressor to different states?

[Dfarmer786]

Is it legal to transport a suppressor to different states for hunting? I.E. Texas Colorado etc? I currently live in Arizona.

 

[chorizo]

Yes as long as you do not pass through or take it to a state that prohibits silencer possession. https://www.atf.gov/file/11241/download

https://www.atf.gov/firearms/docs/atf-national-firearms-act-handbook-table-contents/download

 

[hollowoutadime]

I struggle with this: "Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision there of,"

The text is below. Does this mean that I can pass legally through a state (Like Illinois) if my home and destination are legal ownership states and I make no unnecessary stops?


§ 926A Interstate transportation of firearms. Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision there
of, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any
lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm
if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible
from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment
the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

 

[chorizo]

Technically yes, But you have seen what some States do and how they ignore federal law. Quite frankly, I recommend against it because, let's say you have an accident are taken to the hospital and they find your can during an inventory or you run across a cop who doesn't understand or care about federal law?

By law, the ONLY person who can check to see if you have a Tax Stamp is an ATF agent/investigator (the Attorney General's designated agent)...no others are allowed (has to do with it being a tax document), yet I have even run across a game warden who wanted to see it. It took some education and standing firm to talk him off of it.

Specifically from NFA FAQ READ BOLD BELOW

(AND YES, SILENCERS ARE CONSIDERED "CERTAIN OTHER FIREARMS" BY THE ATF) https://www.gpo.gov/fdsys/pkg/USCODE-2011-title26/html/USCODE-2011-title26-subtitleE-chap53.htm

Q: Does the registered owner of a destructive device, machine gun, short-barreled shotgun, or short-barreled rifle need authorization to lawfully transport such items interstate?

A: Yes, unless the registered possessor is a qualified dealer, manufacturer or importer, or a licensed collector transporting only curios or relics. Prior approval must be obtained, even if the move is temporary. Approval is requested by either submitting a letter containing all necessary information, or by submitting ATF Form 5320.20, Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. This requirement does not apply to the lawful interstate transportation of silencers. Possession of the firearms also must comply with all State and local laws.
[18 U.S.C. 922(a)(4); 27 CFR 478.28]​

https://www.atf.gov/firearms/qa/does...f-registration

The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.

[26 U.S.C. 5841(e); 27 CFR 478.101]

 

[chorizo]

https://www.gpo.gov/fdsys/pkg/USCODE...leE-chap53.htm

§5845. Definitions


For the purpose of this chapter— (a) Firearm


The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.



Additionally you cannot SHIP a NFA item to a NON SOT..........

 

[hollowoutadime]

Here's the answer.

Background: I live in Ohio and own property in Colorado. My plan is to drive to Colorado (via Interstate 70 through Illinois) to do varmint shooting with a suppressed rifle. I've actually done this trip almost a dozen times, last week racking another few hundred dogs with my AI/TBAC 260.

I called the local Ohio ATF office and asked about interstate transportation of a suppressor. The Agent gave me his full name and said no federal laws would be broken, and suggested I call the Illinois ATF for any additional clarification/confirmation. The Illinois ATF, gave me his full name and echoed the Ohio ATF opinion but suggested I call the Illinois State Police Firearms Unit at 217-782-7980. I spoke with Elisha (or Alicia, no last names would be given) and she said "as long as the suppressor is not accessible to the driver (in the trunk) or inside the vehicle in a locked case (if no trunk) - it was perfectly legal for transport through Illinois". I didn't get into specifics, I fuel before the border and make no stops. As mentioned, one could break down or be involved in an accident - but as the intent was to legally pass through, I wouldn't reasonably expect a small municipality to override the Illinois State Police and ATF.

I'm very satisfied with this finding, I'm including a copy of my discussions in printed form with my stamps for travel.

I don't know about transport through other states like California where local ownership is prohibited. I would call and get the ruling and note the name/time of who you spoke with. I also would suggest getting a Traveler's Guide to Firearms Laws of the 50 States. It clarifies, among other things, how CCW varies among states (legal for non-resident in Illinois to have on person, but it must remain in vehicle if you within the state like for gasoline - or in a locked case)

I spent three years, on and off, looking into this, reading every bit on the 'net. Glad I finally got verbal confirmation (not written), though that might be another step.

 

[chorizo]

All good information and likely correct......right up until you hear the snap and ratchet behind your back and your silencer is confiscated for being prohibited........

Like said above, get it in writing, otherwise it is just self justification to make a mistake.

 

[_Windrider_]

https://www.gpo.gov/fdsys/pkg/USCODE...leE-chap53.htm

§5845. Definitions


For the purpose of this chapter— (a) Firearm


The term “firearm” means (1) a shotgun having a barrel or barrels of less than 18 inches in length; (2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length; (3) a rifle having a barrel or barrels of less than 16 inches in length; (4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length; (5) any other weapon, as defined in subsection (e); (6) a machinegun; (7) any silencer (as defined in section 921 of title 18, United States Code); and (8) a destructive device. The term “firearm” shall not include an antique firearm or any device (other than a machinegun or destructive device) which, although designed as a weapon, the Secretary finds by reason of the date of its manufacture, value, design, and other characteristics is primarily a collector's item and is not likely to be used as a weapon.



Additionally you cannot SHIP a NFA item to a NON SOT..........

Thanks for correcting my mistake, and yes I meant FFL/SOT since you can't be an SOT unless you are also a licensed FFL.

 

[Longshot231]

Let's say you travel to various states for hunting or target competition. Do you have to submit a 5320.20 for every place you are taking the suppressor to?

Or could you list the states that you plan on traveling to with the suppressor? For example, could I list something like the following in block 7 of the 5320.20?

Various localities in, Texas, Colorado, Georgia, Alaska, Arizona and Oregon.

 

[2ndamendfan]

Suppressors do not require a 5320.20.
All the instructions are on the stamp/document.

 

[Longshot231]

Suppressors do not require a 5320.20.
All the instructions are on the stamp/document.

Thanks for the clarification.

 

[Ruslow]

I talked to the ATF at the tulsa gun show about this very same thing and he said that if the state you are going thru does not permit suppressors then you should go around that state. it is illegal to have in that state. BUT here again it is only illegal if you get caught so do as you wish. thank god all my neighboring states are hearing friendly!

 

[Zak Smith]

Is FOPA limited to Title I firearms?

 

[2ndamendfan]

Is FOPA limited to Title I firearms?

No, you can travel through. Highly suggested to not stop, especially spending the night.

I talked to the ATF at the tulsa gun show about this very same thing and he said that if the state you are going thru does not permit suppressors then you should go around that state. it is illegal to have in that state. BUT here again it is only illegal if you get caught so do as you wish. thank god all my neighboring states are hearing friendly!

That is not true, the average ATF agent is a moron. Per the statute he would be correct, but as in most cases more than one law applies.

https://www.atf.gov/firearms/qa/doe...e-machine-gun-short-barreled-shotgun-or-short

If you read that and take it on 100% face value, he would be correct. But as has been stated 100's of time here. Final destination is the deciding factor, and many here have gotten letters from state LEO, AG stating that travel through the state with NFA items is allowed. Which comes from FOPA.
https://en.wikipedia.org/wiki/Firearm_Owners_Protection_Act

The fact that ASS-WIPE ATF agent did not know this should tell you how much to trust your government officials.

 

[cleric]

Or that you can beat the rap but not the ride...

Just to clarify in a lot of states it is illegal to possess suppressors. It is considered defense to prosecution to have them registered with the federal gov. So if a local cop asks to see your f4 and you decline he can arrest you and have you assert your defense in court.

I generally try to avoid not friendly states. You can in some situations mail things to yourself, or drive alternate ways. It may not be ideal but you need to pick your risk level

 

[Ruslow]

may be true they are morons but the way i look at it is. I waited 7+ mos to get this thing and really do not want to have it in an evidence room for 6mos-year to get it back.

 

[Deadman Pointers]

All it takes is one overzealous left wing officer to make the situation awful regardless of the true legality. Good thing those aren't too common...but still concerning.