Disapproved 5320.20 and a heads up for others

[soam]

So I just got back a 5320.20 to transport my SBR to NH. Last year I submitted one with the address for Monadnock R&G followed by the phrase "and other locations within the state" so I'd be covered if I wanted to go to some other range. That was approved, so I assumed it was a valid way to fill out the form. I sent a new one off to cover the next year and this time it was disapproved. I got a letter attached which reads as follows:

If you want to possess your NFA items in other places within the state, you will need to submit a new 5320.20 for EACH location you want to possess the item(s) at.

So, if you want to use your SBR or MG at multiple ranges in another state, you'll have to submit a 5320.20 for each one.

 

[alpha1]

When submitting a 5320 you only need to list one local in the state to which you plan on traveling to with your NFA, this will cover you for any other ranges in the entire state. DO NOT ADD ANY ADDITIONAL LANGUAGE to the form, they don't like that. And yes, its always been this way.

 

[soam]

Based on the letter I received, that is not true. It's pretty unambiguously worded, if you want to possess in multiple locations within the state, you need a separate 5320.20 for each location.

 

[bigblue]

This is what happens when you ask an unconstitutional organization for its opinion. The 5320 is to notify them that you are bringing the NFA item out of state, not to identify every road you drive and gas station you will fill up at.

GCA 18 922 a 4:
"(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity"

Form 5320.20 provides a vehicle for you to get the AG's permission to transport the rifle across state lines. At no point does the GCA give the ATF the authority to know every location you visit.

I am not a lawyer; this is not legal advice.

 

[soam]

I didn't ask for the ATF's opinion. I received the letter along with my disapproved 5320.20. Like I said, when I filed last year with the exact same wording in box 7 (Transporting to), it was approved, so I had no reason to believe it would be an issue. I mainly posted this as a heads-up to anyone who may have use similar wording in the past.

I've submitted a new 5320.20 with just Monadnock's address, since in all likelihood it's the only place I'll be taking my SBR within NH.

 

[FreeWillie]

Just ask another ATF employee, you'll get a different interpretation of the law.

sent from the depths of HELL using TapaTalk.

 

[RockMaple]

So, if you want to use your SBR or MG at multiple ranges in another state, you'll have to submit a 5320.20 for each one.

They must have approved your Form 20 from last year in error. The ATF's official policy has been to require a Form 20 for each destination. Here's a blurb from the NFA Handbook:

13.8.3 One-year approval. If a person will be transporting his/her firearm(s) to the same location on acontinual basis, ATF will approve a transportation request for up to 1 year. Example: the person lives inState A, has a farm in State B (State B allows possession of the particular firearm), and wants to take thefirearm to the farm throughout the year. The person may request permission for a 1-year period totransport the firearm interstate to the farm. Any other interstate transportation would still require aseparate request and approval. Second example: the person lives in State A and wants to transporthis/her firearm to a site in State B where competitions and shoots occur several times a year (State Ballows possession of the particular firearm). The person may request permission for a 1-year period totransport the firearm interstate to the site for competitions and shoots. Any other interstatetransportation would still require a separate request and approval.

 

[soam]

Seems like that's the case. Guess whoever approved my form last year didn't see what I wrote or was unaware of the policy.