Interstate Transport & C&R FFL?

[SigNerd]

Nevermind, rsideout set me right. NFA Handbook disagrees with my reading, only applies to C&R firearms:

NFA Handbook, p82

Licensed collectors are not required to obtain such approval if the
firearms and devices being transported are “curio or relic” firearms under the GCA.
https://www.atf.gov/firearms/docs/guide/atf-national-firearms-act-handbook-atf-p-53208/download

===Original Post===
Sorry if this has been asked/answered before. I tried searching and checked both the NFA and C&R FAQs, but didn't see anything obvious. I've also generally googled and didn't find anyone addressing this question. Maybe it's because reading through the statute this is more of a sanity check. It seems pretty clear, but at the same time if this is the case I wonder why anyone ever bothers with a 5320.20.

* It seems to me that a C&R FFL exempts you from the 5320.20 process for requesting permission to travel across state lines with certain NFA items (work shown below). Is that correct?
* If so, why does anyone bother with the 5320.20 considering the C&R application is less involved than a Form 1, only slightly more involved than the 5320.20, and applies to all states (obviously only where legal) for three years at a time?



So on the ATF 5320.20 landing page it states "Persons other than qualified federal firearms licensees (FFLs) or government agencies are required to obtain this permission." I don't see anything in there or the form defining what types of FFLs this applies to. However, going to the statute that they reference as their authority for the form*, I find this:

(a) It shall be unlawful—
[...]
(4) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, to transport in interstate or foreign commerce any destructive device, machinegun (as defined in section 5845 of the Internal Revenue Code of 1986), short-barreled shotgun, or short-barreled rifle, except as specifically authorized by the Attorney General consistent with public safety and necessity;

18 U.S. Code § 922 - Unlawful acts

www.law.cornell.edu

Clicking on "collector" for the definition, I get:

(13) The term “collector” means any person who acquires, holds, or disposes of firearms as curios or relics, as the Attorney General shall by regulation define, and the term “licensed collector” means any such person licensed under the provisions of this chapter.

18 U.S. Code § 921 - Definitions

www.law.cornell.edu

Everything through at least 18§923 seems pretty clearly referring to a standard C&R FFL, including "Any person desiring to be licensed as a collector shall file an application for such license [...] The fee for such license shall be $10 per year. Any license granted under this subsection shall only apply to transactions in curios and relics."

So, the conclusion I come to is that C&R FFLs are exempt from the 5320.20 requirement. Is that interpretation correct?


Thanks

* (Authority statement from the form)

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

https://www.atf.gov/firearms/docs/form/application-transport-interstate-or-temporarily-export-certain-nfa-firearms-atf/download

 

[rsideout]

Your C&R only applies if the MG being transported qualifies as a C&R. I have 6 that I don't worry about with respect to getting a 5320.20. The rest, I get an approved 5320.20 before transporting across state lines.

 

[SigNerd]

Your C&R only applies if the MG being transported qualifies as a C&R. I have 6 that I don't worry about with respect to getting a 5320.20. The rest, I get an approved 5320.20 before transporting across state lines.

Ah, yep, you're right. Thanks for setting me right. I knew it was too good to be true, even if I don't see anything that backs up the ATF's rule on it.

NFA Handbook, p82

Licensed collectors are not required to obtain such approval if the
firearms and devices being transported are “curio or relic” firearms under the GCA.

https://www.atf.gov/firearms/docs/guide/atf-national-firearms-act-handbook-atf-p-53208/download

 

[lazarus]

Your C&R only applies if the MG being transported qualifies as a C&R. I have 6 that I don't worry about with respect to getting a 5320.20. The rest, I get an approved 5320.20 before transporting across state lines.

For better or for worse (for worse), not too many more years before every transferable MG is going to be covered by a C&R.