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Posted: 12/5/2009 2:54:27 PM EDT
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New to the world of Class 3 firearms and I have a few questions, I searched the site and can't seem to find the answers. I live in Virginia and want to make covert my Bushmaster 16 incher into an SBR.
1. Is it true that if I transport my SBR out of state (I.E. attending a class in another state) I have to file a permit with the ATF prior to my departure? 2. If I move out of state (My fiance and I are talking about moving down to North Carolina in a few years) do I have to refile my paper work with the ATF or any other agency? Thanks for the help. |
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Quoted:
New to the world of Class 3 firearms and I have a few questions, I searched the site and can't seem to find the answers. I live in Virginia and want to make covert my Bushmaster 16 incher into an SBR. 1. Is it true that if I transport my SBR out of state (I.E. attending a class in another state) I have to file a permit with the ATF prior to my departure? Yes, you must file(and receive an approved) form 5320.20 Prior to taking it across state lines. 2. If I move out of state (My fiance and I are talking about moving down to North Carolina in a few years) do I have to refile my paper work with the ATF or any other agency? NC has some different NFA requirements, hopefully someone else can answer this. You don't have to refile, But, BATF needs to be notified Prior to an interstate move.(and they must approve it)However there are no additional fees, Thanks for the help. Answers in red. |
| Nope. It's a 5320.20 (ATF form 20) to transport across state lines, and filed again when you move permanently. Read more here |
Ok two more questions and then I'm done, I promise 
1. If I have a lower that is registered as an SBR and I swap out the upper for one that is 16" do I still have to file a permit to get across state lines (again for a training class)? 2. I hate hypothetical scenarios but has anyone given thought to what you would do with your class 3 weapons if you had to do a mass evacuation from your home (I.E. Katrina type of disaster)? Leaving behind weapons for thieves is a no go, but with today's judicial system I don't want to go to jail for something as stupid as violating federal gun laws. I doubt there is some sort of provision in the law out there for folks caught in this situation. |
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Quoted:
Ok two more questions and then I'm done, I promise
1. If I have a lower that is registered as an SBR and I swap out the upper for one that is 16" do I still have to file a permit to get across state lines (again for a training class)? 2. I hate hypothetical scenarios but has anyone given thought to what you would do with your class 3 weapons if you had to do a mass evacuation from your home (I.E. Katrina type of disaster)? Leaving behind weapons for thieves is a no go, but with today's judicial system I don't want to go to jail for something as stupid as violating federal gun laws. I doubt there is some sort of provision in the law out there for folks caught in this situation. 1) Yes, since the lower is the rifle. 2) That's a darned good question and worthy of its own thread. My advice is to have a specific location in mind should you need to leave, and keep a 5320.20 on hand for it. They are good for up to a year. |
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Quoted:
Quoted:
Ok two more questions and then I'm done, I promise
1. If I have a lower that is registered as an SBR and I swap out the upper for one that is 16" do I still have to file a permit to get across state lines (again for a training class)? 2. I hate hypothetical scenarios but has anyone given thought to what you would do with your class 3 weapons if you had to do a mass evacuation from your home (I.E. Katrina type of disaster)? Leaving behind weapons for thieves is a no go, but with today's judicial system I don't want to go to jail for something as stupid as violating federal gun laws. I doubt there is some sort of provision in the law out there for folks caught in this situation. 1) Yes, since the lower is the rifle. 2) That's a darned good question and worthy of its own thread. My advice is to have a specific location in mind should you need to leave, and keep a 5320.20 on hand for it. They are good for up to a year. No you do not. Many folks do this all of the time. It is still in the registry as an SBR, but if it has a 16"+ barrel on it you can transport as a title 1 gun. From the ATF's NFA Handbook: http://www.atf.gov/publications/download/p/atf-p-5320-8.pdf Section 2.5 Removal of firearms from the scope of the NFA by modification/elimination of components. Firearms, except machineguns and silencers, that are subject to the NFA fall within the various definitions due to specific features. If the particular feature that causes a firearm to be regulated by the NFA is eliminated or modified, the resulting weapon is no longer an NFA weapon. For example, a shotgun with a barrel length of 15 inches is an NFA weapon. If the 15- inch barrel is removed and disposed of, the remaining firearm is not subject to the NFA because it has no barrel. Likewise, if the 15 inch barrel is modified by permanently attaching an extension such that the barrel length is at least 18 inches and the overall length of the weapon is at least 26 inches, the modified firearm is not subject to the NFA Here is a letter that Tony_K posted in another thread about this subject. Look at the last paragraph on page 2. 
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