Estimated reading time: 3 minutes
In an increasingly mobile America, one overlooked detail can lead to significant legal headaches for firearm owners: forgetting to secure ATF Form 5320.20 approval before moving states with NFA (National Firearms Act) items.
William Kirk, President of Washington Gun Law, recently addressed this common yet critical issue, offering essential advice to those who find themselves in this predicament.
As the United States saw a surge in relocations post-pandemic, many individuals moved for various reasons, including the pursuit of greater freedoms.
However, some of these movers owned NFA firearms and other items and forgot to get the required permission from the ATF before moving to a new state.
During a detailed discussion on Washington Gun Law TV (see video above), Kirk highlighted the scenario of a lawful NFA item owner moving from Washington State to Florida without filing the necessary ATF Form 5320.20.
This form is crucial as it allows the legal transport of NFA items across state lines, with the exception of suppressors, which are exempt from this requirement.
Kirk explained that the realization of this oversight often comes late, leaving many to wonder how to rectify the situation.
After extensive research and consultation with law enforcement contacts who liaise regularly with the ATF, Kirk shared that the process to remedy the situation might be simpler than some fear, provided the new state’s laws do not prohibit the firearms in question.
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For those who have moved to a state where their firearms are still legal, such as Florida in the example provided, the immediate step is to complete and submit ATF Form 5320.20 as soon as the oversight is discovered.
Fortunately, there is no penalty for late submission if the firearms remain legal in the new state. However, updating the National Firearms Registry is crucial to avoid potential future legal issues.
Conversely, if someone moves to a state with stricter firearm laws that prohibit their NFA items, like Washington State’s “assault weapon” ban, the situation becomes more complicated.
In such cases, Kirk strongly advises against submitting a retrospective 5320.20 form as it could inadvertently document illegal activity.
Instead, the best course of action is to consult with local legal counsel who specializes in Second Amendment and ATF regulations to safely navigate the legal complexities.
Kirk’s discussion serves as a critical reminder to all firearm owners about the importance of understanding and complying with both federal and state firearms laws, especially when relocating.
It underscores the need for careful planning and legal consultation when moving across state lines with firearms to ensure compliance and avoid legal troubles.
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If you have done this, you are in either serious trouble or grave danger according to what state you moved to.
To avoid disaster, disassemble the firearm and send it to me, here in Texas and I will keep it safe and secure (reassembled and fully operational of course) for you. You can even come over and shoot it anytime you like.
Does this law include illegal aliens? Since they aren’t citizens?
no, they can do whatever they want. They are protected from prosecution.
Can Governor DeSantis do anything?
I think that if someone doesn’t understand and is responsible for possession and transport of special firearms, they probably shouldn’t own them. As gun owners, we need to comply with federal and state laws. Be sure that state you are going to allows for possession of those firearms BEFORE you take them there.
How on earth do you FORGET such a thing in this day and age?
Registered or not that weapon is private property and yours to do as you wish. Last i checked al, 50 states are part of the U.S. and within bounds of the constitution. As long as you have your tax stamp you should be free to go wherever you want, barring any current commie states. The ATF morons can pound sand.
moving a nfa item to a ban state will include local and state police in your 3am atf unaliviving. since local and state cops are better marksman maybe your death will be quicker
“Straight from the horse’s mouth.” The horse (ATF) has a bad reputation for saying one thing then another. If you have to complete paper work just to temporarily cross the border then moving to another state and trying to retroactively complete the paperwork sounds like a looming 3AM house raid.