Johnny…
Please read my post again.
I stated, “5320.20” does not guarantee “safe passage”. 5320.20 is only a document approved by NFA Branch for the relocation of an NFA device intrastate. The approval process evaluates the ‘lawfulness’ of possession at destination, not the in-transit portion of the journey. This form is nothing more or nothing less.
FOPA, as amended in 1986 is a pit full of snakes. It has been marginalized by the Federal District Court rulings, even state and municipal case law. Beach v. Kelly (for the 5 Boroughs of NYC) have successfully limited the scope of FOPA. To date, SCOTUS has not taken a case and offered an opinion to clarify municipal, state and federal district opinions on individual rights pertaining to “safe passage” under FOPA.
The NRA has even issued warnings to its members and others traveling with firearms through areas of the country where possession is vastly restricted by local/state law(s). Read the Special Advisory for NYC/NJ airports; “FOPA`s protections have been substantially narrowed by court decisions, and persons traveling with firearms may want to avoid New York and New Jersey or make arrangements to ship their firearms to their destination, rather than bringing them through these jurisdictions.” NYC/NJ Airports are not the only locations of concern when traveling with firearms. NC considers ALL NFA devices as “Weapons of Mass Destruction”. Possession of same within the borders of NC is restricted and NC law has been upheld in federal district court.
Like most most legal challenges to law, one must have standing. Thus, you have to be charged with a violation in one of these restrictive jurisdictions and then challenge the validity of the law. YOU must decide to roll the dice on your freedom and future right to “keep and bear arms”.
As I stated, it would behoove the traveler with firearms to write the State AG/DOJ requesting a written reply regarding protocols for travel (“safe passage”) through a jurisdiction.
ANY information posted on any public/private forum that could possibly contribute to your arrest and prosecution should be validated. A telephone call to an agency is good, a written letter, with reply is much better. However, still not a guarantee you will not be prosecuted if a violation is discovered.
Fortunately, HB 650, signed by the Governor, takes effect December 1, 2011. NC law will allow for the defense of life without retreating and some other important features not allowed under current law. Some jurists are of the opinion that the new law allows possession of certain NFA devices IF one has a current NC Concealed Handgun Permit (or one from a state with reciprocity) and an approved ATF form with CLEO approval.
From the NC NFA Defense Association (not attorneys, but, knowledgeable NC citizens who successfully lobbied for the new law):
“The desire to own NFA firearms is certainly understandable. They are the ultimate prize for firearms collectors and enthusiasts. However in our great state of North Carolina (NC) the items are becoming extremely difficult to obtain. One must remember that the more restrictive statute of law is the one by which we must abide, federal o r state makes no difference.”
Since the infamous AG opinion letter of 1999, the statutes under NC law have been pushed and evermore strictly enforced… It has become very difficult to obtain a CLEO signature for the purpose of procuring a NFA weapon in most NC counties, and in several localities it is virtually impossible."
On a side note…using a trust for possession of an NFA item in NC…
From the NC NFA Defense Association: “…there is NO provision for legal use of a “trust” to own NFA under NC State law. In this case the more Restrictive State statutes over rule Federal law. This is especially true where a “trust” is used specifically to circumvent the CLEO signature requirement. We strongly advise anyone seeking to own NFA items in this state to procure the signature of their resident CLEO. The only exception that we can see for the use of a “trust” is to hold NFA items for underage dependents following the death, or immediately preceding the death (terminal illness) of the current NFA owner, where as the items are properly held by current owner before establishing the trust. Even this is not specifically allowed under the statutes in NC. If you currently hold NFA items via a trust that is setup contrary to these reasons, or in a questionable fashion, it would be in your interest to talk to your CLEO about signing a Form 4 for your item and then transfer it from the trust to yourself and close the trust.”
Assistant AG John Aldridge has successfully prosecuted both residents and non-residents under current law for violations of the states law regarding “weapons of mass destruction” (which includes NFA items). To date, the cases he has won have not been reversed on appeal.