NOTE: If the NFA firearm is a silencer, it does not require any additional ATF paperwork or approvals when transporting silencers, permanently or temporarily. It just has to be legal to possess in the state you are traveling or moving to. However, if you want to submit this notification to the ATF. This form usually takes about 4 weeks to be approved. You are still required to have the approved Form 4 (or Form 1), and Trust if applicable, with the silencer at all times.
If you are traveling to or moving to another state with any other NFA firearm which includes a Short Barreled Rifle (SBR), Short Barreled Shotgun (SBS), Machine Gun, Any Other Weapon (AOW), and/or Destructive Device, it must be legal to own and possess in that state. Each state has different laws and while it may be legal to own a silencer in a specific state, it may be illegal to own or possess certain other NFA firearms.
Before you travel or move, you are required to;
- Complete two copies of the ATF Form 5320.20 Application to Transport Interstate or to Temporarily Export Certain National Firearms Act (NFA) Firearms. You can use the fillable form and type all the information or print the form and handwrite the information. Either way, you must print the form and sign it. All signatures on both copies of the forms must be in ink. You cannot use an electronic signature.
- Submit both copies to the ATF at least 45 days before you travel/move. The easiest way is to email the completed and signed form to [email protected]. It can also be mailed or faxed to the address or fax number on the ATF Form 5320.20.
- Receive approval from the ATF to transport the NFA firearm(s) which usually takes about 4 weeks. The original copy of ATF Form 5320.20 will be returned to the registered owner and authorizes the transport of the designated firearm(s) only during the period specified on the form.
- Keep the approved ATF Form 5320.20 and approved Form 4 (or Form 1), and Trust if applicable, with the NFA firearm(s) at all times.
- If a contract or common carrier (UPS, FedEx, moving company) is used to transport an NFA firearm(s), a copy of the ATF Form 5320.20 must be provided to the carrier and must 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.
- If you marked item 2 “yes” and the NFA firearm(s) is not returned to the original location by the date specified in item 3, you must submit a new ATF Form 5320.20 to receive approval to return the NFA firearm(s) to the original address.
Moving While An ATF Form 4 or ATF Form 1 Is Waiting To Be Approved
If you are moving and have any NFA firearms waiting to be approved by the ATF it is very important you know what may be required.
- If you are moving within Utah while an ATF Form 4 is pending, it will not disrupt your paperwork from processing. After the Form 4 is approved, you will be required to return to the FFL dealer to complete the transfer. If the NFA firearm is being transferred into a Trust, any individual listed as the Settler, Trustee, or Co-Trustee (Responsible Person) on the Trust can complete the transfer from the FFL dealer.
- If you are moving to another state with a Form 4 still pending approval you are required to withdraw (cancel with a refund) the Form 4, have the NFA firearm(s) transferred from the current FFL dealer to a new FFL dealer in your new state of residence (via an ATF Form 3), and complete a new Form 4 with the new FFL dealer in your new state of residence. This may require additional costs for the shipping, transfer, background check, and/or other fees.
If you are moving to another state with a Form 1 still pending approval you are required to withdraw (cancel with a refund) the Form 1 and complete a new Form 1 in your new state of residence.
If you are moving to a state that prohibits the possession of your NFA firearm(s) you can;
- Rethink your move and instead move to a free state.
- If your NFA firearm(s) is registered to a Trust, you can leave the NFA firearm(s) in your home state, where it is legal, with any individual listed as the Settler, Trustee, or Co-Trustee (Responsible Person) on the Trust.
- Dispose of the NFA firearm(s). This should be a last-ditch effort. The ATF has very particular views on appropriate ways to dispose of NFA firearms.