ATF Form 5320.20: SBR Travel Explained

If you own a short-barreled rifle (SBR) and plan to travel across state lines, you must file ATF Form 5320.20 before transporting your firearm. Failing to do so can result in severe penalties, including fines and imprisonment. Here's what you need to know:

• What It Is: ATF Form 5320.20 is required to legally move certain NFA-regulated firearms, like SBRs, short-barreled shotguns, and machine guns, across state borders.
• Who Needs It: Individuals and NFA trusts must file this form. FFLs and government agencies are exempt.
• Exemptions: Silencers and AOWs (Any Other Weapons) do not require this form for travel.
• Processing Time: Approval can take around 14 days, so plan ahead.
• Penalties: Transporting an SBR without approval can lead to up to 10 years in prison and fines of $250,000.

Always carry the approved form during travel and ensure compliance with both federal and state laws. For smoother management, consider using an NFA trust to simplify ownership and filing.

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When and Why You Need ATF Form 5320.20

If you're planning to transport registered NFA firearms across state lines, filing ATF Form 5320.20 is a must. Skipping this step can lead to serious legal trouble. Let’s break down when you need this form and how to stay compliant.

Interstate Travel with SBRs

ATF Form 5320.20 is required every time you take an SBR (Short-Barreled Rifle) across state lines. This rule applies to all registered NFA firearms except for silencers and Any Other Weapons (AOWs), which are exempt from this requirement.

"Prior to moving a non-suppressor and non-AOW NFA Firearm across state lines, the registered owner MUST complete and submit an ATF Form 5320.20 for approval. This is true EVERY time the NFA Firearm crosses state lines."

This form covers both temporary travel - like trips for hunting, competitions, training, or range visits - and permanent relocations. For temporary travel, include your return timeframe on the form. If your plans are uncertain, it's wise to request a longer approval period to avoid complications.

When permanently relocating (e.g., moving to a new state and changing your legal address), the form must be filed for all NFA firearms, even those exempt from the temporary travel rule, such as silencers and AOWs.

For travel within your current state (intrastate travel), this form is generally not required. However, always double-check state and local laws, as some areas may have additional restrictions.

If your route takes you through states where your SBR is not legal, contact the ATF for guidance. Some states may allow you to pass through their territory, even if possession within the state is otherwise prohibited.

Penalties for Not Filing

Failing to file ATF Form 5320.20 before crossing state lines with an SBR can have severe consequences. Federal penalties include criminal charges, fines, and imprisonment. Violators face up to 5 years in prison, with potential penalties reaching up to 10 years and fines of $250,000 per SBR. Keep in mind, claiming ignorance of the law is not a valid defense. As the firearm owner, it’s your responsibility to ensure full compliance with federal, state, and local regulations.

Additionally, federal cases often result in plea agreements - 97% of federal prosecutions are resolved this way. Beyond federal laws, make sure your SBR is legal in your destination state. Some states outright prohibit SBRs, regardless of ATF approval. ATF authorization does not override state restrictions, so thorough research into local laws is essential before you travel.

How to Complete and Submit ATF Form 5320.20

To avoid delays or rejections, fill out all 14 sections of ATF Form 5320.20 with precision. You'll need to submit two copies of the form to the ATF, so double-check everything before sending it in.

Required Information for the Form

ATF Form 5320.20 collects detailed information across multiple sections. Here's a quick breakdown of what you'll need to provide:

Section	Required Information
1. Name and Address of Registered Owner	Include your full name, street address, city, state, zip code, phone number, and email address as listed on your ATF Form 1 or Form 4.
2. Firearms to be Returned to Original Location	Specify whether the transportation is permanent or temporary.
3. Dates Firearm(s) Will Be Away	Provide the exact dates for transportation. For permanent moves, include the transit dates.
4. Firearm(s) to be Transported	List the manufacturer, model, serial number, type, and caliber for each NFA item.
5. Mailing Address	Fill this out only if it differs from the address in Section 1.
6. Reason for Transportation	State the purpose, such as a hunting trip, competition, or relocation.
7. Transporting From	Input the current registered address of the NFA firearm.
8. Transporting To	Provide the destination address where the firearm will be located.
9. Mode of Transportation	Indicate how the firearm will be transported (e.g., private vehicle or common carrier, including carrier details).
13. Signature of Owner	Sign the form in ink.
14. Date	Enter the date you signed the form.

If you're moving multiple NFA firearms, list each one separately with all the required details. Sections 10–12 are only necessary if you're temporarily exporting firearms outside the U.S.

Accuracy is key. The information you provide must match your original ATF Form 1 or Form 4, including serial numbers, manufacturer names, and calibers. After verifying everything, proceed with one of the submission methods below.

Submission and Processing Time

Once the form is complete, you have three ways to submit it. Using the electronic PDF version can help ensure legibility and potentially speed things up.

Print and sign two copies of the form. If you're submitting it via email, scan and send only one copy.

You can submit the form through one of the following methods:

• By mail: Send it to the Director, Bureau of Alcohol, Tobacco, Firearms and Explosives, 244 Needy Road, Martinsburg, WV 25405 (Attention: NFA Division).
• By fax: Use the fax number 616-4501.
• By email: Send it to NFAFax@atf.gov.

Plan ahead, as processing can take several weeks. You cannot transport the firearm until the ATF approves the form. Once approved, the ATF will mail the form back to the address listed in Section 1.

Carrying the Approved Form During Travel

After receiving approval, make sure to carry the necessary documentation while traveling. Keep a digital or paper copy of the approved form and your tax stamp with you at all times.

For added security, store the original tax stamp at home and carry a copy with the NFA item. If the firearm is owned under a trust, bring paper copies of the trust and tax stamp, along with digital backups for quick access.

If you're using a commercial carrier, provide a copy of the approved ATF Form 5320.20 for the entire transit. Additionally, if you're traveling through areas with restrictive firearm laws, carry any relevant firearm licenses or permits, as well as legal documentation explaining federal provisions. In some jurisdictions, federal laws may only serve as a defense after an arrest, so having thorough documentation is crucial.

Keep both digital and physical copies of your approved form with your travel documents. This ensures you're prepared for any situation while on the move.

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Key Rules and Compliance Requirements

Navigating federal and state regulations for SBR (short-barreled rifle) travel is essential to avoid legal trouble. The ATF has established strict rules for interstate transport, and state laws can add layers of complexity. These guidelines complement the earlier filing process, ensuring you stay compliant while traveling.

State Laws and Legal Differences

Getting federal approval via ATF Form 5320.20 is just the starting point. As the ATF explains: "Please note that applications to transport NFA firearms will be approved only if consistent with all state and local laws". This means you must confirm that SBRs are legal in every state you plan to pass through.

Some states, such as California, New York, and Illinois, have strict restrictions or outright bans on SBRs. Even if you're just driving through these states without stopping, you could face serious legal consequences.

The ATF advises reaching out to law enforcement in your destination state to confirm compliance with local laws. While this might feel like an extra hassle, it’s far better than encountering unexpected legal problems mid-trip. State laws can change, so don’t assume that what was permitted during a previous trip is still allowed.

It’s not just your destination state that matters - check the laws for every state along your route. For example, a seemingly simple hunting trip from Texas to Colorado could become legally tricky if your path takes you through a state with SBR restrictions.

How Long Authorization Lasts

Once you’ve ensured compliance with state laws, consider the timeframe for your approved travel. ATF Form 5320.20 only covers the specific dates listed on your application, and the maximum approval period is one year. This extended timeframe is particularly helpful for those who regularly travel between states, like competitive shooters or hunters. If you frequently visit the same location, you can request approval for an entire year of travel dates.

Planning your dates carefully is crucial. If your plans change and you need to extend your stay beyond the approved dates, you must submit a new ATF Form 5320.20 with updated travel dates and wait for approval before continuing to transport your SBR.

If you select "Yes" in Box 2 to indicate temporary transport, you are required to return the firearm to its registered location by the specified date. Missing this deadline means you’ll need to file a new form and go through the approval process again.

Multiple Firearms on One Form

If you’re traveling with more than one NFA firearm, ATF Form 5320.20 allows you to list multiple items on a single submission. Each firearm must be detailed separately, including its manufacturer, model, serial number, type, and caliber. This simplifies the paperwork when transporting several NFA items.

However, there’s an important caveat: each destination requires its own form. If your trip involves multiple stops across different states, you’ll need individual approvals for each location where you plan to stay with your firearms.

The form applies to all NFA items requiring interstate transport approval, such as SBRs, short-barreled shotguns, machine guns, and destructive devices. However, silencers and AOWs (any other weapons) are exempt from this requirement.

"It is illegal for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport any destructive device, machinegun, short-barreled rifle, or short-barreled shotgun across state lines without getting permission from the ATF."

This federal rule applies no matter how many firearms you’re transporting or how short your trip may be. Even a quick trip into a neighboring state demands proper authorization, and the penalties for failing to comply are severe.

Using NFA Trusts for Easier Compliance

Managing the detailed filing process for Short-Barreled Rifles (SBRs) can be a hassle, but using an NFA trust can simplify things. It reduces administrative work and makes compliance with ATF Form 5320.20 easier, particularly when traveling across state lines.

How NFA Trusts Simplify Ownership

An NFA trust changes how SBR ownership and transportation are managed. It allows multiple trustees to legally own and transport SBRs, which comes in handy when dealing with ATF Form 5320.20 applications.

When an SBR is owned through a trust, any trustee can handle the interstate transport application and legally move the firearm across state borders. This flexibility means if you're unavailable to complete paperwork or travel, another trustee can take over. It’s a shared responsibility that makes the process smoother.

The trust also simplifies record-keeping. Instead of worrying about individual ownership transfers or inheritance complications, the trust maintains continuous legal ownership. This continuity can be crucial for proving lawful possession, especially during interactions with law enforcement while traveling.

When signing ATF Form 5320.20 as a trustee, you simply add ", Trustee" after your normal signature to indicate your role within the trust. This straightforward approach leads directly into the benefits offered by services like TrustNFA.

TrustNFA's Features and Advantages

TrustNFA is designed to address common issues with creating and maintaining NFA trusts. Its attorney-drafted documents are accepted in all 50 states, eliminating concerns about state-specific legal hurdles that could complicate your ATF Form 5320.20 application.

The service is quick and user-friendly, offering a 10-minute setup process that avoids lengthy legal meetings or confusing paperwork. TrustNFA provides attorney-prepared, state-compliant documents, lifetime free updates, and secure digital storage protected by 256-bit AES encryption - the same level of security banks rely on.

You can also upload and store additional documents related to your NFA items, like tax stamps and receipts. This digital system makes ATF Form 5320.20 compliance easier, as you can quickly share trust documents with FFL dealers or attorneys while keeping everything organized and secure.

Using a Trust for Interstate SBR Travel

Beyond simplifying ownership, using a trust also streamlines interstate travel with an SBR. When filling out ATF Form 5320.20, include the trust's name, details about the firearm, and your reason for travel. Thanks to the trust's structure, any trustee can independently handle these applications, offering flexibility for different travel needs.

Federal law requires licensed importers, manufacturers, dealers, or collectors to get ATF approval before transporting SBRs across state lines. Using a trust makes this process easier since any trustee can request the necessary authorization.

All trustees must meet ATF requirements, but once the trust is set up, the ongoing process becomes much simpler. Any trustee can file ATF Form 5320.20 for travel, with approvals lasting up to a year.

When traveling, always carry a copy of your approved ATF Form 5320.20 and your NFA trust documents. These serve as proof of your legal authority to possess and transport the SBR, ensuring you’re prepared if questioned by law enforcement. The trust documents complement the approved ATF form and help demonstrate compliance.

Conclusion

If you're planning to transport your SBR across state lines, filing ATF Form 5320.20 is non-negotiable. This form acts as your official authorization from the ATF, and failing to submit it can lead to serious federal penalties and even the loss of your ownership rights.

Make sure to submit the form well ahead of your travel date, and always keep a copy with your SBR to demonstrate compliance. For those who frequently travel or own multiple firearms, an NFA trust can simplify the process. Services like TrustNFA offer attorney-prepared documents recognized nationwide, along with lifetime free revisions and secure digital storage to help you manage your ATF paperwork effortlessly. Plus, any trustee in the trust can file Form 5320.20 and transport the SBR legally, giving you added flexibility if travel plans shift.

Proper preparation ensures you stay within the law and protects your investment. Tools like TrustNFA make compliance easier, turning what could be a cumbersome process into a manageable part of responsible SBR ownership. Stay ahead by completing your paperwork and using the right resources to protect your rights while traveling.

FAQs

What happens if I don’t file ATF Form 5320.20 before traveling with my SBR to another state?

Failing to submit ATF Form 5320.20 before transporting your short-barreled rifle (SBR) across state lines is a breach of federal law. This form is mandatory for securing approval from the ATF when traveling interstate with any firearm regulated under the National Firearms Act (NFA), including SBRs.

Ignoring this requirement can result in serious penalties, such as hefty fines, firearm confiscation, or even imprisonment. To stay within the law and avoid potential legal trouble, always ensure you’ve received the necessary approval before crossing state lines with your SBR.

How does an NFA trust make traveling with a short-barreled rifle (SBR) across state lines easier?

An NFA trust streamlines the process of taking a short-barreled rifle (SBR) across state lines by listing the trust itself as the firearm's legal owner. This setup shifts the responsibility of submitting the ATF Form 5320.20 to the trust, easing the paperwork load for individual owners.

Through the trust, multiple trustees can be authorized to transport the SBR, ensuring everything stays in line with ATF rules while minimizing potential delays or issues. Plus, trusts offer a straightforward legal structure, making it more manageable to stay organized and meet all federal requirements for traveling between states with regulated firearms.

Do state laws affect traveling with an SBR even if I have ATF Form 5320.20 approval?

Yes, state laws can affect whether you can travel with a short-barreled rifle (SBR), even if you’ve received federal approval via ATF Form 5320.20. Certain states impose restrictions or outright bans on SBRs, regardless of your federal authorization. That’s why it’s essential to check the firearm laws in every state you plan to visit to ensure you’re following the rules.

Federal approval doesn’t supersede state or local regulations, so always double-check the specific requirements in your destination state before you hit the road.