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#1 M1tommygun

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Posted 18 August 2004 - 09:03 PM

1. I was wondering what form I need to take my SA SBR Thompson over state lines. I was kind of confused as to which one to use.

2. Approximately how long does it take to get this form signed off, and does it cost anything.

Thanks,
Scott
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#2 TommyFan

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Posted 18 August 2004 - 09:50 PM

Scott,

It is a Form 5. You can d/l it from the ATF website (www.atf.gov) It does not cost anything, and usually takes about 2 to 3 weeks to get back. Here's the rub: If you are crossing several states, it must be legal to have an SBR in your posession in the destination state (and the states in between I think), or it will not be approved. This is good, as the last thing you want if anything happens and you get stopped is to be caught with a weapon that is illegal to have in that state. Good luck!

John
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#3 TNKen

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Posted 18 August 2004 - 10:08 PM

It is actually a Form 5320. Doesn't cost anything. Plan on at least a 30 day turnaround for approval. Usually must specify an address in the destination state. Firearm must be legal in the state it is being transported to.

Questions exist on whether you can transport through a prohibited states, and whether such a state enacted prohibition is a violation of the commerce clause in a purely transport situation.

Here is a link to Danbrew's forms

http://www.titleii.c...ves/000008.html

Ken
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#4 Bill in VA

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Posted 18 August 2004 - 10:10 PM

Sorry Tommyfan, but you're waaaaay off. IMHO, if you don't know the answer you shouldn't guess...it generally only creates problems.

A Form 5 is an Application for Tax-Exempt Transfer (i.e., transferring possession of an NFA device without having to pay a transfer tax.) The only time you would use a Form 5 is: A) to send the gun temporarily to a gunsmith (I won't go into the debate on whether or not BATF requires one or merely suggests it); cool.gif to transfer an NFA device to/from a police/govt. agency; C) to transfer an NFA device from an estate to an heir; or D) to transfer an NFA dewat.

To transport an NFA device across state lines (an FFL not withstanding) you ned to file a Form 5320.20...Application to Transport Interstate Certain NFA Firearms.

Last, I've NEVER heard of an NFA Form 5 (or Form 1,3, 4, etc...) taking only "2 to 3 weeks." That may have been true years ago (pre-1986?) and may be true for a Form 5320.20, but certainly not for any type of transfer of possession.
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#5 Z3BigDaddy

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Posted 19 August 2004 - 12:24 AM

QUOTE (Bill in VA @ Aug 18 2004, 10:10 PM)
Sorry Tommyfan, but you're waaaaay off. IMHO, if you don't know the answer you shouldn't guess...it generally only creates problems.


Kinda like people explaining that ebaY™ will still allow tsmg parts kits I guess huh?
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#6 full auto 45

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Posted 19 August 2004 - 07:12 AM

The correct form is the 5320.20. You fill it out with your destination address and all your info. It takes about 4-5 weeks to get it back and it doesn't cost anything other then time and postage. The temp transfer is good for one year. So say you have a place like Knob Creek shoot you go to 2 times a year. You get the form in early Feb or March, then you can go in April and October to shoot in the Jungle walk on the same form. Or if you have property in another state and like to take your toy with you, you can. this info I got from the gal I talked to the first time I did mine 5320.20. I had called just to get it straight from the horses mouth. Now if you have a C&R permit, it is only good for C&R items only. So if you have a SBR, it is not a C&R. Or if you have a 1928 West Hurley, it is not a C&R so I still have to fill out the form for my '28.
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#7 M1tommygun

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Posted 19 August 2004 - 10:24 AM

Thanks for the info fellas! I am in Western NC and looking at going to Toccoa, GA for the Toccoa reunion. I see that GA allows all NFA type weapons, so I should have no problems with that. The only problem may be in the specific address of where I am going. Being that I most likely will be staying in a tent, I will lack a physical address. Any ideas how I should deal with this problem?

Thanks,
Scott
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#8 leid

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Posted 19 August 2004 - 11:12 AM

Scott,
Use the address of the local shooting range or the campground where you will be staying.
Carey
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#9 Tman

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Posted 19 August 2004 - 11:12 AM

Scott,
Contact the organizers of the event. They should have a hard address at the site that you can use.
Greg
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#10 TommyFan

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Posted 19 August 2004 - 01:15 PM

Bill, I simply put the wrong form # in. I plead human error, not ignorance, will you forgive me?

I have not heard it takes 30 days to get the 5320.0 approved, but I have not dealt with this in almost a year, so who knows?


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#11 M1tommygun

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Posted 20 August 2004 - 10:20 AM

Again, thanks for all the help everyone. I really appreciate all the help in "learning the ropes" of the class III world.

Scott
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