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Posted: 6/17/2009 3:27:40 PM EST

You know, I thought I knew the answer to these questions, but I'm starting to hear folks making statements that indicate I may be wrong.

1: Am I required to have a copy of the Form 4 (or other relevant form) with me if I am out shooting my silencer (or other registered Title II device)?

2: Am I required to file a 5320.20?

3: I know that many states do not recognize the peaceable journey provisions of FOPA, but are they intended to apply to Title II devices?
Link Posted: 6/17/2009 3:52:30 PM EST
1. Depends on 1. your state's laws and 2. your desire to be arrested an await the BATFE to inform your local LEO's of its legality. For instance, in PA, NFA firearms are illegal. It is a *defense* if the weapon is registered with the Federal Government. Thus, technically, an officer can arrest you even when shown a copy of the paperwork, because it is merely a defense. However, in other states and even within PA, typically if the officer is shown a copy of the approved Form, you have a MUCH less chance of spending any time detained.

2. Yes, if you are traveling either temporarily or permanently

3. FOPA does apply because it is not limited to the type of firearm. However, one must understand the strict standards with which FOPA applies. If you are going from PA to Florida, you can travel through any states, but you cannot make an unnecessary detour. So, if your brother's place will take you 15 mins out of your journey from PA to Florida and you decide to stop, FOPA will NOT protect you because you made an unnecessary detour. If you stop for food/gas, because it is necessary, you will be fine, so long as, once again, it isn't a significant detour.

Link Posted: 6/18/2009 2:47:21 AM EST
Originally Posted By bluefalcon:

You know, I thought I knew the answer to these questions, but I'm starting to hear folks making statements that indicate I may be wrong.

1: Am I required to have a copy of the Form 4 (or other relevant form) with me if I am out shooting my silencer (or other registered Title II device)?


Yes. It is "suggested" that you have a copy with you. See http://www.atf.gov/firearms/faq/faq2.htm#m25.

2: Am I required to file a 5320.20?


For machine guns, destructive devices, short-barrelled rifles, and short-barrelled shotguns, yes. For suppressors, no, though people do get them to cover their a$$es. See http://www.atf.gov/firearms/faq/faq2.htm#m21

3: I know that many states do not recognize the peaceable journey provisions of FOPA, but are they intended to apply to Title II devices?


Yes.
Link Posted: 6/18/2009 5:47:25 AM EST
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