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How can I take my SBR out of state legally?

by National Gun Trusts

We get asked this all of the time.  How can I legally take my SBR, Silencer or other NFA Firearms out of state with me?  The first step in taking your SBR, silencer or NFA Firearm out of the state that it is legally registered at is to figure what state you will traveling to with it.  This matters because the NFA Firearms rules change from state to state, even if you have your NFA Firearms registered to you as an individual, with a NFA Gun Trust or a legal entity.  Having a legally registered NFA Firearm in your state, doesn't mean that it will be legal for you to drive through, or transport to another state legally.  Once you have figured out whether or not you can legally transport your SBR, silencer, or NFA Firearm to the state that you want to go through, you will need to fill out a ATF 5320.20 form.  You used to be able to send in a letter to the ATF stating that you are transporting the weapon temporarily and they would send an approval to do so.  Now things have changed and every request to transport a NFA Firearm is done through the ATF 5320.20 Application to Transport NFA Firearms.  If you are used to old way of sending a letter to the ATF stating that you are going to be transporting your NFA Firearm, they will mail you back stating that you need to fill out the ATF 5320.20.  But don't worry this form is quite easy to fill out.  You can use our ATF 5320.20 Application to Transport NFA Firearms Walk-Through Guide below. 

ATF 5320.20 Application to Transport NFA Firearms Walk-Through Guide

The above walk-through guide for the ATF 5320.20 Application to Transport NFA Firearms will walk you through line by line what is required and expected by the ATF to legally take your SBR, silencer, or NFA Firearm across state lines.  This form is to be used for all interstate movement of NFA Firearms for temporarily movements or permanent movements.  The ATF defines that below (taken from the ATF 5320.20 and Merriam-Webster): 

"Interstate† Movement: If the firearm identified in item 4 is a machinegun, short-barreled rifle, short-barreled shotgun, or destructive device, the registrant may be required by 18 U.S.C. § 922(a)(4) to obtain permission from ATF prior to any transportation in interstate or foreign commerce. ATF E-Form 5320.20 can be used to request this permission."

†Interstate as defined by Merriam-Webster: of, connecting, or existing between two or more states especially of the U.S. interstate commerce.


You will notice that silencers and AOW's aren't defined above in the requirements to notify the ATF of their interstate movement.  We however, recommend that you fill out the ATF 5320.20 Application to Transport NFA Firearms form for ALL NFA Firearms that you plan to transport interstate temporarily.

Once you have applied to take you SBR, silencer or NFA Firearm out of state legally, you will need to wait to hear back from the ATF.  The response you will get from the ATF will either be approved or disapproved.  The response time from the ATF can vary from 1 week to 4 weeks. (view our ATF 5320.20 approval tracker for more information).  We have heard from our clients of these wait times.  We have also heard of response times longer than this.  We tell you this because you will need to plan your trip and transportation of your NFA Firearm with this wait time in mind.  You cannot just take your SBR across state lines, you will need approval from the ATF first.  Using the Application to Transport NFA Firearms form you can request a duration of travel for up to one years time, which essentially equates to you being able to transport the firearm multiple times to the location.  If you plan of permanently moving your NFA Firearm you will need to fill out the ATF 5320.20 Application to Transport NFA Firearms form.  
Document Download Link Below:

Using our ATF 5320.20 Application to Transport NFA Firearms Walk-Through Guide and the links above you will be able to submit your 5320.20 Application to Transport NFA Firearms without issue.  If you do have any questions you can contact us with any questions that you have.  The ATF allows for three ways to submit the ATF 5320.20 Application to Transport NFA Firearms form.  you can submit this from via Mail, Fax or Email.  That information is below:

Mail your BATFE paperwork to:

National Firearms Act Branch
Director, Bureau of Alcohol, Tobacco, Firearms and Explosives,
244 Needy Road, Martinsburg, WV 25405

FAX or EMAIL your BATFE paperwork to:

The form can also be submitted via facsimile to the NFA Branch at (304) 616-4501 or may be scanned and emailed to NFAFax@atf.gov.

Information located within this article is current as of August, 2018. Information located within this article is an original guide created by National Gun Trusts and not to be cited or used without the written permission of National Gun Trusts.

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