Interstate Transport

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  • cory
    Chieftain
    • Jun 2012
    • 3005

    Interstate Transport

    Does anyone here know which statute of the National Firearms Act requires permission from the ATF to transport an SBR with a Form 1 Tax Stamp across state lines?
    "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin
  • rwh
    Warrior
    • Jun 2014
    • 188

    #2
    Section 922 (a)(4), Title 18 U.S.C. You need to file two of these forms https://www.atf.gov/resource-center/...pdf-0/download
    Last edited by rwh; 11-17-2016, 11:27 PM.

    Comment

    • cory
      Chieftain
      • Jun 2012
      • 3005

      #3
      Thanks, but that's not it.

      27 CFR 478.28


      Now my question is once I have permission to transport an SBR to another state, what part of the law puts a lifespan on that permission? Without a specific lifespan on the permission would said permission not be valid for as long as the Form 1 is valid?
      "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

      Comment

      • rwh
        Warrior
        • Jun 2014
        • 188

        #4
        I am not guessing well today but I'll push my luck and guess "(4) The approximate date such transportation is to take place;"

        Comment

        • cory
          Chieftain
          • Jun 2012
          • 3005

          #5
          "(4) The approximate date such transportation is to take place;"

          And that's only required information to be provided to receive the permission. There is nothing that states the permission expires on the date you provide.
          "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

          Comment

          • rwh
            Warrior
            • Jun 2014
            • 188

            #6
            That might be a decent defense but the instructions are pretty specific. I don't think I would want to be breaking the ground on this one. Those ATF guys can be strict.

            Comment

            • explorecaves
              Warrior
              • Sep 2014
              • 284

              #7
              IIRC it is 1 year from date of approval.

              Correction, you can input up to a 1 year duration for approval. For example, Jan 1 2017 to Jan 1 2018.
              Last edited by explorecaves; 11-18-2016, 12:49 AM.

              Comment

              • cory
                Chieftain
                • Jun 2012
                • 3005

                #8
                Originally posted by explorecaves View Post
                IIRC it is 1 year from date of approval.
                Can you site that statute, please?
                "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

                Comment

                • explorecaves
                  Warrior
                  • Sep 2014
                  • 284

                  #9
                  I have only heard second hand of ATF rejecting longer duration than 1 year... I have not been able to find anything stating a hard requirement. I assume ATF would argue a longer duration should be considered a permanent move.

                  Comment

                  • cory
                    Chieftain
                    • Jun 2012
                    • 3005

                    #10
                    Originally posted by explorecaves View Post
                    I have only heard second hand of ATF rejecting longer duration than 1 year... I have not been able to find anything stating a hard requirement. I assume ATF would argue a longer duration should be considered a permanent move.
                    I hear you brother. At the end of the day the law says what it says and doesn't say what it doesn't say. We have got to stop letting the federal government make it up as they go.
                    "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

                    Comment

                    • din
                      Warrior
                      • Feb 2015
                      • 122

                      #11
                      Do you have to send the letter for suppressors or only SBRs?

                      Comment

                      • cory
                        Chieftain
                        • Jun 2012
                        • 3005

                        #12
                        Originally posted by din View Post
                        Do you have to send the letter for suppressors or only SBRs?
                        Everything NFA, but suppressors as I understand it.
                        "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

                        Comment

                        • Les
                          Warrior
                          • Oct 2016
                          • 337

                          #13
                          Very good question, I've wondered about crossing state lines myself. Maybe a call to ATF is in order?
                          Nebraska Firearms Owners Association. https://nebraskafirearms.org/wp/

                          Comment

                          • cory
                            Chieftain
                            • Jun 2012
                            • 3005

                            #14
                            Originally posted by Les View Post
                            Very good question, I've wondered about crossing state lines myself. Maybe a call to ATF is in order?
                            What does that get you? A second hand biased opinion of the law. I've meant to call a lawyer that is experienced in dealing with the NFA.
                            "Those who sacrifice liberty for security, deserve neither." Benjamin Franklin

                            Comment

                            • explorecaves
                              Warrior
                              • Sep 2014
                              • 284

                              #15
                              Originally posted by din View Post
                              Do you have to send the letter for suppressors or only SBRs?
                              Read Instruction "a" on the form. Silencers/suppressors are not listed. That said, it can help you if you run into an overzealous LEO to have the approved form.

                              Comment

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