#10MinuteTalk
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- čas přidán 5. 09. 2024
- NFA items in and of themselves can be complicated things to own, but how about what it’s like actually traveling with them out of state? Adam and Reuben join Jimmy and Mark once again for one last “Traveling with” 10 minute talk to discuss some of the considerations you should keep in mind when traveling with your NFA items. *Disclaimer* - we are not lawyers, nor are we always going to be perfect in our interpretation or verbiage behind every federal law, state law, or in this case, individual airline regulation. You should always do your own research about your own situation at the given time given the complexity and changing nature of these things. Vortex and the hosts/guests of this podcast are not responsible for the actions of our viewers and listeners.
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ATF regulations make so much sense. Thank you so much for keeping all us lawful citizens safe ATF. /sarcasm
🤣🤣🤣🤣
Legal to pass through: the 1986 Firearm Owners Protection Act (the same one that removed the ability to registry new machineguns) protects people who are traveling through a state where those items are prohibited, as long as one is only doing the necessary minimum to pass through. You can stop for food, gas, and even sleep so long as you are there an excessive amount of time. Of course "excessive" is so subjective, but that's how it's worded.
And yes, the Form 20 does _not_ include silencers.
Not enough ATF field agents to be checking paperwork. They'll come out when serious crimes come up
It's gotten easier with being able to create an ATF account in order to access the necessary forms. E-filing has made the process much quicker.
With modern technology today, i.e.Bullpup rifles, why are SBR's even considered NFA items? SMH
I agree. Except they look cooler. I'm glad we have the OPTIONS. Buy a bull pup or shell out for an sbr or just keep it a "pistol". You know?
Ahh yes, the modern bullpup rifles.......... Thornycroft would like a word.
@@samuelalzate8573 Yes options are good, but we shouldn't have to pay a tax to exercise those options. To be honest, I'm surprised the left hasn't tried to enact the "NSA" National Speech Act, A tax on controversial speech that they don't agree with. Opps, maybe I shouldn't give them any ideas. 🤔
@@reb363 I agree completely. Just buy an AR pistol and don't ask for permission. 👌
Not sure if this comment will still be seen.. but a 10 Min talk on the process (if indeed it is possible) of how to go about amending and existing, Approved eForm 1 would be so helpful. For example an SBR with a barrel length that you want to modify with a slightly longer or shorter barrel.. OR, and more desired, if you have an SBR on a platform that is "Multi cal" (Saint Victor/MCX Virtus) and you want to get the caliber conversion kit to be able to use both barrels. I have read in numerous places that this IS indeed something that can be amended on the Approved eForm 1 once it is approved.. only I have found ZERO actual guidance on how to go about actually doing so. Any insight or info (non-legal of course) would be extremely helpful and appreciated.
Once you get an approved Form 1 for your lower you can put whatever you want on it. It does not matter. People stress over this unreasonably. Once you have the stamp, feel free to slap whatever you want on it, regardless of caliber. As long as the firearm can be reverted back to it's stated form on the F1 you're fine (meaning you're not making permanent modifications that would inhibit the use of your original stated configuration)
@@Theman3806 Thanks for the info. Can you point me toward where I could find proof? Not that I don’t believe you.. I have heard this..but as you know, with anything legal, proof is a must.
@@grishamc.l.535 18 U.S.C. § 921(a)(8) provides, “The term “short-barreled rifle” means a rifle having one or more barrels less than sixteen inches in length and any weapon made from a rifle (whether by alteration, modification, or otherwise) if such weapon, as modified, has an overall length of less than twenty-six inches” and Section 921(a)(6) provides, “The term “short-barreled shotgun” means a shotgun having one or more barrels less than eighteen inches in length and any weapon made from a shotgun (whether by alteration, modification or otherwise) if such a weapon as modified has an overall length of less than twenty-six inches.” Similarly, the National Firearms Act, in essence, defines it the same way in 26 U.S.C. § 5845(a), although it is broken down slightly different.
In absence of an address, GPS Coordinates are an acceptable “address”.
RIP to the "benefits" of pistol braces 😢.
This was few years ago, before Covid. DFW Gun range in Dallas asked to see my paperwork for my SBR and suppressors.
Are you shrinking the entire document and placing in the handle? Or just the tax stamp with number?
There's some good information here...but there are also a lot of gaps in information. NFA items are only NFA items when they're in NFA configuration. If you SBR'd a lower that used to be a pistol you can throw the pistol brace back on and travel wherever it is legal to own a pistol without having to file a 5320.20. Also, you don't need physically have the 5320.20 in hand when traveling. You're only obligated to notify the ATF that you'll be traveling. unless you majorly screw up the form (really hard to do, and if you do you probably have no business owning firearms) you're fine. You just need to list an address, it can literally be any address.
That's not at all true. The registration of a rifle as a Short Barreled Rifle stays with it. The ATF doesn't care if it even has a short barrel on it at the time, one can have an 18" SBR by hot swapping an upper, that serial number is on the registry and it remains an SBR. The state you are traveling to may not care, because what they don't know won't hurt them, but _federally_ an item remains on the registry until it is either destroyed or deactivated, or in the case of SBRs and SBSs specifically they can be removed from the registry and placed back into their legal status as rifle (or pistol) and shotgun.
@@ALovelyBunchOfDragonballz No, the ATF has stated that an SBR is only an SBR when it's in SBR configuration. If the stock is removed and the barrel is < 16", it's a pistol (sans the VFG part). An SBR'd lower with a rifle length upper is a rifle, not an SBR. Now, you couldn't sell the lower because it's on the registry but if it's in your possession and not in SBR configuration, you're exempt from filing a 5320.20. The way the gun is physically set up defines how it is viewed by ATF i.e. with a brace or 16"+ barrel, it's now a Title 1 firearm again. If your SBR started life as a rifle you cannot move change it into pistol configuration however.
@@Theman3806 alright, its your felony I guess.
@@ALovelyBunchOfDragonballz It's quite literally spelled out for you in the ATF's definition of pistols vs SBRs. People do this all the time in order to avoid filing 5320.20s/concealed carry issues. It's not an SBR unless it's in the configuration. What is so hard to understand about that?
@@ALovelyBunchOfDragonballz Per the ATF: "A firearm, as defined by the National Firearms Act (NFA), 26 U.S.C. 5845(a)(3), is made when unassembled parts are placed in close proximity in such a way that they: (a) serve no useful purpose other than to make a rifle having a barrel or barrels of less than 16 inches in length; or (b) convert a complete weapon into such an NFA firearm. A firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when parts within a kit that were originally designed to be configured as both a pistol and a rifle are assembled or re-assembled in a configuration not regulated under the NFA (e.g., as a pistol, or a rifle with a barrel or barrels of 16 inches or more in length). A firearm, as defined by 26 U.S.C. 5845(a)(3) and (a)(4), is not made when a pistol is attached to a part or parts designed to convert the pistol into a rifle with a barrel or barrels of 16 inches or more in length, and the parts are later unassembled in a configuration not regulated under the NFA (e.g., as a pistol). A firearm, as defined by 26 U.S.C. 5845(a)(4), is made when a handgun or other weapon with an overall length of less than 26 inches, or a barrel or barrels of less than 16 inches in length, is assembled or produced from a weapon originally assembled or produced only as a rifle."
Carry a copy. Never voluntarily surrender your phone.
I think you guys should check on the laws again. I emailed the ATF the same question about traveling out of state with a suppressor and they told me I need to submit a atf form 5320.20. Just saying
5320.20 only applies to SBRs, SBSs, MGs, Destructive Devices, and AOWs accordingly to SilencerCo. There’s a carve out for suppressors when it comes to NFA interstate travel.
@@theclamhammer4447 that sucks ATF can’t give a straight answer on this types of topics. I guys it’s better to be safe then sorry.
@@michaelfuentes3037 yeah I’m sure it’s by design. It’s completely insane that AOWs that require no stamp is subject to federal interstate laws.
i didnt fly into that state. I drove. xD
Do they send you the originals after they approve you, or do you just print them off? I already printed mine off, but I was just wondering that? Thanks!