buddy's suppressor fell out out the back of his truck...

guess he didn't get his tailgate closed all the way. When he got to the range, it was open and a metal tool box, serving as a range box, and a piece of cardboard he had back there (the only other thing) was gone with the wind. He, my dad and another buddy scoured the roads from A to B for the box or any debris but came up nada.

He did report it to the ATF and faxed in a written statement on some forms they faxed to him. Did that like the next day. Also, they said they would send out some agents for an interview. May not happen for a few months though.

Anyway, what are the legal implications of this, if any. The main thing to do was report it lost so if it turns up again at a crime or to an unregistered person he has record of having lost possession of it. But can the ATF use this to take his other NFA items or to deny future Form 1's or 4's or anything else. I doubt it, so long as he isn't implicated in some sort of relative criminal investigation of course.

Want to tell him what to expect, if anything.

I did advise him to not have an interview at his house, if at all possible, and certianly not inside it, and I reminded him about his 4th and 5th amendment rights of declining to speak or consent to searches.

Also, isn't the whole thing about having NFA items entitling the ATF to come inside your house or where ever the guns are kept without a warrant, or the notion that they can demand to see you NFA items themselves without a warrant some of those bad old NFA myths?

Thx

Did he by chance stop anywhere on his way to the range? It might not have fallen out, somone at a gas station might have grabbed the box as they walked by.

Your "buddy" gives responsible NFA owners a serious black eye...

Did your friend report it to local PD or Sheriff? The serial # of the can will be listed on NCIC as a lost or stolen item.

+1

How exactly does an NFA item fall out of the back of a truck?? Sounds to me like you friend has no business owning firearms to begin with.

Though all of these things may be true, does anyone have answers to OP's questions? I'm curious.

Wow, that's gotta suck!

Sounds curiously like a "boating accident".

A loose tool box? Waaaay too casual.

Not sure if this is serious.

please send me an email with the exact location it was lost. Might be worth a trip

Several arfcommers in the past, have stopped for lunch after a shoot, and were surprised when someone broke into their vehicle and stole a stack of guns. A can doesn't actually shoot the round, guns do.

The level of responsibility should be no higher, and actually should be much lower for a can, if it weren't for the stupid fucking laws we have.

At least it didn't roll off the roof of his car............................or.......did it?

Should have had it in a case with its Form, atleast if someone found it they would would most likely turn it into the PD. If it was just in a toolbox, someone finding the box may not even have any idea what it is.

As do you, buddy.

Shit happens. You can try to avoid it as much as you want, but inevitably, it happens. He did his best to fix it by reporting it immediately.

You know, I didn't close the tail gate on my truck one time, when fell open it made such a racket that I thought someone had rear-ended me. Granted, it was a 1987 Ford Ranger, and perhaps tail gates are lighter now, but how does one miss that?

If there is any possibility that it was stolen rather than lost, report it that way. The police often don't take reports on "lost" property (my department doesn't), and you cannot enter lost property into NCIC. Stolen property on the other hand is entered into NCIC, and firearms (which legally a suppressor is) are never removed during NCIC purges, only when the item is recovered. A couple of years ago we recovered a shotgun stolen from a sheriff's office in a different county in 1979. It was still in NCIC.

Also, if you report it as stolen to arfcom, you might actually get an answer to your question.

Driver probably left it down. I'm seeing more and more of that since people think it will save on gas.

Yeah, it's a pretty dumb reason to do that. They're not saving squat.

Shhhhhhh....! I get a lot of free toolboxes this way!

OP here. My dad told me about it. I talked to the guy himself. He did make a quick stop in town on his way out to the range where he actually lost visual contact w/ the truck. I think the way the us gov treates suppressors like they are enriched uranium is ridiculous and suppressors should just be another muzzle accessory; nevertheless, I am disappointed in him for being so careless w/ a sensitive serialized and expenisve item. More importantly, I beleive he has learned his lesson.

There was a copy of the F4 in there, which is bad in anotehr way. Someone has his tool box and suppressor. Maybe it is some good guy who found it on the road but who is scared or something. I dunno. Hopefully he won't end up gettig robbed or burgled.


Reason he thinks maybe it fell out rather than being stolen is that the big piece of cardboard that was back, maybe sort of an improvised bed liner, was missing too.

Course, somone could have helped themselves to the tool box and left the tail gate open and then the cardboard flew out between teh store and the range. If I was him, I would have just reproted it stolen, not maybe stolen or lost. He did call local PD and Hi Po too but I am unsure if he actually filed a formal police report and if it will get entered in that data base.

No, he doesn't leave it down. For what it is worth, he has a vinil cover over the bed so the tool box was not just sitting there in plain sight.

annnnny way...

does anyone have any pratcial or useful advise about how to be dealing w/ the ATF in the wake of this or any answers to my specific qeustions.

Most importantly can his right to possess his other NFA items or future NFA items be obstructed?

Also, my dad has been told so many NFA myths for some many decades that he still believes that you have to let the ATF in your house or present the weapons agents on demand w/o a warrant. Is there some documentatnio I can show them that dispells this?

As far as i know, losing an NFA item does not prohibit you from owning NFA items in the future

Also, the ATF does not have the right to enter your home without reason or warrant to check on your class 3/NFA items

Nope...ATF won't be able to take his other items. Losing a previous NFA item doesn't prohibit you from NFA ownership. He probably should report it is the local PD if he hasn't done so. You never know, someone may turn it in (if they even realize what is it).

this. especially if it finds its way to a crime scene

THIS. Sorry to be rash, but your buddy is irresponsible . No way he should have had that in the bed of his truck. Keep those things in the cab. If it's stolen, it's a whole different situation. This was carlessness.

Edit- just realized this was in a tech forum.

.

You can't prove a negative, especially if he is someone who clings to the idea that the NFA world is dark and dangerous.

As far as I know, ATF has every right to inspect any NFA item you own. Now, they can't barge into your house. But if they want to, you must comply one way or another, no court orders or warrants are necessary unless you want to play hardball and you will just piss them off.

I know many people in this forum want to play hardball, but what is the point. And from what I can tell, the police has no reservation performing no knock raids these days anyway.

However, I would meet them in their office for any inspection of NFA items.

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