NFA Question

[df662]

Guys I didnt see a NFA section here on the site. I am from Oregon and I am planning a trip to AZ. I will be traveling with NFA items (SBR's, MG's). Is it legal for me to travel through CA with the NFA items (state laws)? Any help would be appreciated.

[slick_711]

No, absolutely not.

Make sure you file the necessary form with the ATF to notify them your SBRs will be leaving Oregon and headed to AZ, but you may not legally pass through CA with the SBRs in your posession.

There are a few loopholes for some things (AOW, C&R SBR/SBS), but for most intents and purposes NFA is a no-go in CA.

Sorry. Enjoy your trip.

[ke6guj]

federal "safe passage" laws should protect you, but it is not recommended that you rely on this,plus, stopping in CA for any reason (gas, piss-stop, sleep, etc) might cancel out any protection. I would recommend that you bypass CA for your trip.

[df662]

Yes already notified the ATF. I actually moved to OR from AZ about 5 months ago and made the drive up her with my NFA stuff (Machine gun sears, SBR's, Silencers) but I did avoid CA (went through Nevada) because I was unsure of the laws in CA as far as just passing through with NFA. Thanks for the quick reply

[slick_711]

federal "safe passage" laws should protect you, but it is not recommended that you rely on this,plus, stopping in CA for any reason (gas, piss-stop, sleep, etc) might cancel out any protection. I would recommend that you bypass CA for your trip.

The concept of 'peaceable journey' came to mind when I posted, but I knew if I was wrong you'd be around soon enough.

Even though Fed "safe passage" / "peaceable journey" laws should protect him, personally I wouldn't want to rely on that given the firearms climate in CA. Would he need to somehow prove that CA was just a brief leg in his trip to get by on that?

[slick_711]

Yes already notified the ATF. I actually moved to OR from AZ about 5 months ago and made the drive up her with my NFA stuff (Machine gun sears, SBR's, Silencers) but I did avoid CA (went through Nevada) because I was unsure of the laws in CA as far as just passing through with NFA. Thanks for the quick reply

Being a responsible NFA owner you probably wouldn't get stopped anyway, and if you did a copy of the 5320.20 and your stamps might help to convince the local/state officers of your "safe passage," but unless there is something in CA you really need to see on this trip I'd just avoid it man. The potential legal hassle is just not worth it IMO.

Now, if you ever want to come out to Texas with your NFA stuff, I'd be happy to help you enjoy them. LOL

I'm waiting on my first two stamps now (AR SBR & .22 can), hoping to get them back later this month. Sadly, MGs/sears/centerfire cans are all out of my price range for now.

[df662]

I was just looking forward to a nice smooth drive down the I5 and then the I10 instead of the small highways through Nevada... I guess thats not gonna happen

[Doppelgänger]

I was just looking forward to a nice smooth drive down the I5 and then the I10 instead of the small highways through Nevada... I guess thats not gonna happen

There is nothing smooth about the I5 and I10

Plus, if you've got a carry permit, it might be better to go through Nevada anyway so you can stay armed. I like to be armed all the time, but especially on long road trips, late at night, traveling through remote areas.

[lorax3]

In a court of law I'd suspect you would be covered perfectly under the safe passage provision in FOPA. CA does not allow its residents to posses most NFA items, so should you get pulled over you can except some serious grief.

Legally, I'd be willing to bet you would be fine but if CA could be avoided; I would avoid it. I'd hate to have my NFA stuff locked up while they "figure it out" .

[TangoCharlie]

As stated, the Firearm Owners Protection Act of 1986 protects exactly this type of travel and does cover you for stops related to "passing through" like gas, food and even overnight lodging. Here though you'd want to keep to services directly along your route. These protections fall apart if you are caught 10 miles away from the interstate claiming to be looking for a bathroom.

The gray area here is routing. You'd want to make sure you take the most direct and expedient route possible to your destination when passing through. This usually means interstates, not rural highways or back roads. CHP patrols the highways and is well versed in FOPA, they will not hassle you about NFA in your possession. Local LE, however, are not and for this reason, because transiting CA longitudinally will make it impossible to literally stay on the interstate, you are better served by minimizing your CA portion and get into NV quickly.

You would ultimately win in any legal action against brought you in any CA jurisdiction, but it would still cost you dearly.

[6172crew]

I used my 5320.10 to travel from Reno to Bend, used the 5.

What did the BATFE tell you about traveling through CA?

[ke6guj]

I used my 5320.10 to travel from Reno to Bend, used the 5.

5320.20?

[6172crew]

5320.20?

Whatever the transportation letter is.

[RickD427]

federal "safe passage" laws should protect you, but it is not recommended that you rely on this,plus, stopping in CA for any reason (gas, piss-stop, sleep, etc) might cancel out any protection. I would recommend that you bypass CA for your trip.

The FOPA can be something of a "Paper Tiger". It may ultimately prevent you from being successfully prosecuted in California, but there was recently a series of cases out of New York where individuals were arrested under conditions that clearly fell under FOPA (traveling through New York airports). The arrested individuals sued for a violation of their rights. The Second Circuit threw their cases out holding that the FOPA did not create a right that could be enforced by a private individual in court.

[Quiet]

The FOPA can be something of a "Paper Tiger". It may ultimately prevent you from being successfully prosecuted in California, but there was recently a series of cases out of New York where individuals were arrested under conditions that clearly fell under FOPA (traveling through New York airports). The arrested individuals sued for a violation of their rights. The Second Circuit threw their cases out holding that the FOPA did not create a right that could be enforced by a private individual in court.

I believe that the Second Circuit Court ruled something to the effect that the FOPA was an affirmative defense at trial and did not protect you from being arrested, jailed and having your firearms confiscated by local LEOs enforcing state laws.