Estate Planning

Interstate Transfer of Class 3 NFA Firearms

By David M. Goldman

Often I receive inquiries from individuals looking to create a NFA Firearms Trust to purchase Class 3 Firearms. Several times these individuals are looking to keep these Firearms in their vehicle, motor home, or boat. Individuals, Trusts, Corporations, and LLC's must get permission to transport these items interstate.

The NFA has an Application to Transport Interstate or to Temporarily Export Certain national Firearms Act (NFA) Firearms.

A written request and prior authorization from ATF to transport interstate or in foreign commerce any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun is required under the provisions of Section 922 (a)(4), Title 18, U.S.C., and Section 478.28, Title 27 CFR, a letter of request, in duplicate, containing all information required on this form, may be submitted in lieu of the form.

The registered owner of NFA firearm(s) shall complete two copies of ATF Form 5320.20 and forward the forms to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 (Attention: NFA Branch).

The original of ATF Form 5320.20 will be returned to the registered owner. Approval authorizes the registered owner to transport the designated firearm(s) only during the time period specified in item 3. THE AUTHORIZATION DOES NOT CARRY OR IMPORT RELIEF FROM ANY STATUTORY OR REGULATORY PROVISIONS RELATING TO FIREARMS OTHER THAN 27 CFR 478.28.

In the event item 2 is checked ?yes? and the firearm(s) is not returned to the original location by the date specified, the registered owner shall submit a new application on ATF Form 5320.20 to receive approval to return the firearm(s).

If a contract or common carrier is used to transport the firearm(s) a copy of ATF Form 5320.20 shall be furnished to the carrier and shall be in the possession of the carrier for the duration of the transportation. This will meet the requirements of sections 922(e) and (f) of the Gun Control Act of 1968.

Privacy Act Information
1. Authority. Solicitation of this information is made pursuant to the Gun Control Act of 1968 (18 U.S.C. 922(a)(4)). Disclosure of this information by the applicant is mandatory if the applicant wishes to transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun, or short-barreled rifle.

2. Purpose. To determine whether the proposed transaction of the listed items is reasonably necessary and consistent with the public safety and applicable State and local law.

3. Routine Uses. This information will be used by ATF to make the determination set forth in paragraph 2. No information obtained from an application, registration, or records required to be submitted by a natural person in order to comply with provisions of the National Firearms Act or regulations issued thereunder, shall except in connection with prosecution or other action for furnishing false information be used, directly or indirectly, as evidence against that person in any criminal proceeding with filing of the application.

4. Effects of Not Supplying Information Requested. Failure to supply complete information will delay processing and may cause denial of the application.

Full post as published by Florida Estate Planning Lawyer Blog on February 22, 2008 (boomark / email).