Posted: 6/2/2015 3:31:24 PM EDT
[#22]
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Can you post the exact verbiage you used so we can cut and paste into our 5320.20. View Quote View All Quotes View All Quotes Quote History Quoted:
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What is the federal code that states I am allowed to transport across state line for purpose of "assembly" of sbr I am wanting to put it on the 5320.20? I know they had a thread on it somewhere but I am week on my Google fu
It's not in federal code, it's in the NFA Handbook. I referenced the handbook / section in my 5320.20s, and they approved them.
Can you post the exact verbiage you used so we can cut and paste into our 5320.20.
I'm not a lawyer, or giving legal advice, but this is exactly what I put on my form in the "reason for transportation of firearm" block (5)...
"Initial making, per the NFA Handbook, Section 6.4, and all other lawful purposes."
Here is the full text of Section 6.4...with the portion describing getting help with the making process italicized...and the part involving getting help making in another state bolded and italicized...
Section 6.4 Approval of Form 1. Non-FFL/SOT’s may seek approval to manufacture an NFA firearm
(e.g., short-barreled rifles, short-barreled, shotguns, wallet guns, etc.) via submission of an ATF Form 1.
Upon receipt of the completed Form 1, ATF will process the application and, if approved, a tax stamp
will be affixed to the original of the form and the approved application will be returned to the applicant.
Approval by ATF will effect registration of the firearm to the applicant. Upon receipt of the approved
application, the applicant may make the firearm described on the approved Form 1. The approved form
must be retained by the applicant and made available at all times for inspection by ATF officers or
investigators. Note: Under no circumstances may the firearm in question be made prior to receipt of
the approved Form 1.
The approval of the Form 1 application authorizes the applicant to make the firearm. The approval does
not authorize the applicant to convey or ship the firearm to another person to manufacture the NFA
firearm. If another person will manufacture the NFA firearm, the other person would be the maker and
the application must be submitted by that person. Subsequent to the making, the firearm could then be
transferred, subsequent to an approved Form 4 application, to the person who wanted the modification to
be made.
If the applicant on the Form 1 lacks the skill, ability, and/or equipment to manufacture the NFA firearm,
the applicant, after receipt of the approved Form 1, can have the firearm created or modified at a
premises other than shown on the approved Form 1 as long as the creation or modification was done
under the direct oversight of the applicant, thus having the applicant retain custody and control of the
firearm. If the location is outside the applicant’s State and the firearm being made is a short barreled
rifle, short barreled shotgun, destructive device, or an unserviceable machinegun which is being
reactivated, the applicant will also need to request permission to transport the firearm interstate as
required by 27 CFR 478.28.
In my non-expert opinion, the NFA Handbook may not be law....but with it and an ATF-approved Form 1 and 5320.20 the prosecution would have a VERY uphill climb to bust someone for "illegally making" in OR, as a WA resident. It would have to be the feds doing it, and their own policy / approvals say it's OK so...
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