User Panel
Quoted:
Yep. Here in NC, all NFA items are considered "weapons of mass death and destruction" and are illegal to possess. Under the exceptions to that law is basically a bullet point that says "unless legally owned according to..." and lists the tax code, without any mention of the National Firearms Act. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Most people don't realize the actual underpinnings and structure of the NFA. It's not a gun law, it's a tax law. It's in Title 26 of the U.S. Code, otherwise known as the Internal Revenue Code or "tax code." It's nothing more than a transactional tax - most of the other stuff you have to worry about is a result of provisions in Title 18, mostly the GCA and all of its amendments, which of course applies to NFA items as well. Yep. Here in NC, all NFA items are considered "weapons of mass death and destruction" and are illegal to possess. Under the exceptions to that law is basically a bullet point that says "unless legally owned according to..." and lists the tax code, without any mention of the National Firearms Act. A lot of states have laws like that, or the functional equivalent, where they say "it's illegal to possess [SBRs, SBSs, silencers, machineguns, etc.]. It shall be a defense if the item is possessed in compliance with applicable federal law." |
|
Quoted:
A lot of states have laws like that, or the functional equivalent, where they say "it's illegal to possess [SBRs, SBSs, silencers, machineguns, etc.]. It shall be a defense if the item is possessed in compliance with applicable federal law." View Quote Right. I was simply pointing out the "federal law" referenced in NC (and possibly elsewhere) was the tax code, not the National Firearms Act. |
|
Quoted:
A lot of states have laws like that, or the functional equivalent, where they say "it's illegal to possess [SBRs, SBSs, silencers, machineguns, etc.]. It shall be a defense if the item is possessed in compliance with applicable federal law." View Quote Texas was a "defense to prosecution" State until the last legislative session, where NFA firearms were illegal but there was an exception where proof of Federal registration under the NFRTR was a defense to prosecution. The Texas old law stated § 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) an explosive weapon; (2) a machine gun; (3) a short-barrel firearm; (4) a firearm silencer; (5) a switchblade knife; (6) knuckles; (7) armor-piercing ammunition; (8) a chemical dispensing device; or (9) a zip gun. (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended. Even though the law has changed it still makes NFA firearms illegal unless they are registered. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or classified as a curio or relic by the United States Department of Justice: A) an explosive weapon; (B) [(2)] a machine gun; (C) [(3)] a short-barrel firearm; or (D) [(4)] a firearm silencer; (2) [(5)] knuckles; (3) [(6)] armor-piercing ammunition; (4) [(7)] a chemical dispensing device; (5) [(8)] a zip gun; or (6) [(9)] a tire deflation device This was a great change as it somewhat shifted the legal burden away from the owner back to the State when it comes to prosecution. However, in my opinion the current law as written, still clearly states that NFA firearms are illegal "unless" they are properly registered. If you have paperwork with you showing you met the burden of the law you shouldn't be arrested by a local LEO now that the defense to prosecution verbiage is gone. However if you cross paths with the wrong LEO on the wrong day and don't have any paperwork on you to show you meet requirement of the law, I think you run a decent risk of getting to enjoy the ride in the back of a black and white. |
|
Quoted:
Right. I was simply pointing out the "federal law" referenced in NC (and possibly elsewhere) was the tax code, not the National Firearms Act. View Quote View All Quotes View All Quotes Quoted:
Quoted:
A lot of states have laws like that, or the functional equivalent, where they say "it's illegal to possess [SBRs, SBSs, silencers, machineguns, etc.]. It shall be a defense if the item is possessed in compliance with applicable federal law." Right. I was simply pointing out the "federal law" referenced in NC (and possibly elsewhere) was the tax code, not the National Firearms Act. Title 26 chapter 53 is the National Firearms Act. |
|
I've had several people, including cops, ask "Is that thing legal?" None of them have ever asked for documentation.
|
|
Once. At a range in my home town. The dickhead running the range wanted to see it. He was told to fuck off. I was subsequently kicked out for drawing from a holster without having gone thru and paid for one of their classes on how to draw from a holster. They will not have any business from me again.
|
|
Nope .... I have never showed my paperwork to anyone but I always have it on me
|
|
Quoted: Back in 2008, I went shooting in a quarry that was well-known in the area I used to live. There was a guy shooting with his son, they had a full auto M11. We stopped shooting and started talking for a bit and then two deputies rolled up, claiming that they received a call from someone who heard machine gun fire. Even though the guy had his stamp, the deputies refused to believe that a citizen could own such a firearm. He tried to explain the NFA to them, I tried to explain it to them, but they wouldn't have any of that. They asked if I was related to them, I told them I had just met them while shooting. They told me to leave or go to jail for trespassing. I was like especially since we were on BLM land. Unfortunately, I was forced to leave, so I don't know what the outcome was.....I've always wondered. That incident taught me that having your stamps isn't a 100% guarantee that you won't run into legal issues in some locations. View Quote |
|
|
No, but my RO's usually want to talk about what can it is, how my rifles/pistols setup etc. I always offer to let them test drive it but they hardly do(don't want to get in trouble). They usually sit and watch for a bit, then move off to do their RO job.
I keep copies of my stamps in a collapsible folder in my range bag, pdf's on my phone and no ones even cared. |
|
No and only only been asked once if I had them. But he didn't want to see them.
|
|
I only shoot the full auto stuff on private property so never for that.
I do shoot the SBR and can at a private range and they asked to see a stamp way back when because they had never seen one. They couldn't care less what was actually on the form. |
|
Quoted:
I fairly frequently see folks at various ranges with silencers and SBRs. I've never seen anyone asked to show their stamp, or have the Police show up at the range asking people to see their papers. I am curious, have any of you ever been asked to show your papers to range officers or the police? Not that I am implying that you shouldn't keep your papers with your stuff, just in case, I am simply curious. View Quote Yep. By range officers a few times. Mostly it's just "You got your papers with you?" & a nod. Most people realize someone with a bunch of commercial silencers obviously has stamps. I might get asked more if I just had an SBR with me. |
|
I've had NFA junk for 15 years and have never been asked for anything. Had a fudd tell me not to "get caught with that silencer" years ago. Just so happened the guy on the other side was FBI SRT. He asked me what effect I saw on my groups with the suppressor vs. without. We chatted for a bit, then I left.
Then he followed me for the next 10-15 miles, laying back, but he was there. (I painted my tin hat red to fool the facial recognition cameras) |
|
I went to a brand new public range on federal property and was asked if they were papered but took my word for it.
I'd like to think I'd be willing to take a ride over iPod asked by LEO |
|
Range rules are what you follow. If I want to shoot at my range that allows FA and they want to see docs... Fine. Or I go somewhere else.
|
|
|
Never.
I did offer one time though. I was shooting at an indoor range and noticed that a young kid who worked there was standing right behind me watching so I said "Don't worry, it's a legal SBR. Wanna see the paper?" He laughed and said "No, I thought it might be a machine gun and wanted to watch you rip through a mag." |
|
Only after being read Miranda
No, I cannot tell anymore to the story. It wasn't that funny at the time. |
|
Quoted:
Never and I don't carry copies anyway. Not required. View Quote Carrying them is intended to keep your shit from being confiscated 'temporarily', more than anything. You know how cops are with guns. 6 months minimum to get them back. F that. I keep a baggie in my range bag pocket with copies of my forms in it. Simple and easy. |
|
Once, by a federal conservation officer on tribal lands in South Dakota. I didn't have them with me, instead I had my SBR form (grabbed the wrong one before the trip), he looked at that and said "I'm sure they're good if you went through the trouble for the SBR. Wanna see my GAP build .300 Win?"
Cool guy. |
|
Quoted:
Most people don't realize the actual underpinnings and structure of the NFA. It's not a gun law, it's a tax law. It's in Title 26 of the U.S. Code, otherwise known as the Internal Revenue Code or "tax code." It's nothing more than a transactional tax - most of the other stuff you have to worry about is a result of provisions in Title 18, mostly the GCA and all of its amendments, which of course applies to NFA items as well. The whole reason you can use a trust to facilitate NFA purchases and ownership is that the IRC defines "person" to include trust. View Quote Many of the club members and other people I've shown my NFA forms to were amazed to see it's an actual "tax stamp" I point out it's like the stamps/seals on packs of cigarettes and liquor bottles. Some thought the "stamp" went on the firearm, probably getting it mixed up in their head with the engraving requirements. |
|
Quoted:
Never and I don't carry copies anyway. Not required. View Quote Does SC have any state laws regarding NFA items? Do those provide that NFA items (or certain ones) are illegal unless federally registered? Because a lot of states do, and that's why people carry copies. Not in case they run into a BATFE agent in the wild, but to deal with state/local cops. |
|
I have been asked to show papers by Blue Ridge Arsenal and Silver Eagle Group in NOVA. Also Colonial shooting in Richmond (both at front desk and by the RSO.)
I don't appreciate it but these are private rangws and it's their rules. The only one that really rubs me the wrong way (on this and other issues, what gun store doesn't allow carry?) was Colonial. Being checked twice is overkill. I even had an RSO at Colonial insist my SP89 clone (in non-nfa configuration) was an AOW and thus needed a stamp. |
|
Nope. I have pictures of all forms on a secure section of one of my websites, can show them from anywhere if needed.
|
|
Quoted: Shoot Straight in Fort Myers asked for mine the first time. They just starred at them and didn't know what they were looking for. Aside from that never been asked. View Quote Their rules got noticeable stricter when some moron muzzle sweep the line with a garand and put a round through the emergency exit door. He missed a dad and his kids by inches. Go to a public range and you're at the rules of the lowest common denominator. Incidentally, we did a number of arfcom shoots there with turnout upwards of 20 ppl and the staff was awesome. They just asked up to play with some of the cooler toys. |
|
Quoted:
When I was in Georgia, never. I even asked once if they wanted to see the papers, and they said no. Now that I'm back in MN, I am asked every time. View Quote What range are you asked at? I'm currently waiting but am now curious because of this thread. One of my ranges may ask but the other there is almost no one ever there... |
|
At every Hernando machine gun shoot, they walk the line checking paperwork before calling the line hot for the first time.
|
|
New to the game, but never been asked. I do carry copies though, paper in the range bag and scanned copies on my phone.
Just at the range yesterday and the range manager showed up with two St. Paul officers who were checking out the sound abatement covers the club recently installed over the firing range. The range was cold as they didn't have ear protection on, but as they walked by I suggested they take a look at MY sound abatement system, the AR15 SBR with an Omega attached that was sitting open/empty on the shooting bench. They gave zero fucks, but I had amused myself so mission accomplished. |
|
Quoted:
At every Hernando machine gun shoot, they walk the line checking paperwork before calling the line hot for the first time. View Quote I understand cya mentality, but do people with illegal Maxine guns really show up at organized MG shooting events? Seems... unlikely. Posted Via AR15.Com Mobile |
|
Quoted:
Does SC have any state laws regarding NFA items? Do those provide that NFA items (or certain ones) are illegal unless federally registered? Because a lot of states do, and that's why people carry copies. Not in case they run into a BATFE agent in the wild, but to deal with state/local cops. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Never and I don't carry copies anyway. Not required. Does SC have any state laws regarding NFA items? Do those provide that NFA items (or certain ones) are illegal unless federally registered? Because a lot of states do, and that's why people carry copies. Not in case they run into a BATFE agent in the wild, but to deal with state/local cops. Permitted if registered in accordance with federal laws. State law makes possession, storage, and transfer illegal but then grants an exception for "any person authorized to possess these weapons by the United States Department of the Treasury, the Bureau of Alcohol, Tobacco and Firearms, or any other federal agency empowered to grant this authorization". Eta- Copy and Paste from Wikipedia |
|
RO: "hey, do you have a copy of your form-4, just in case ? "
Me: "yeah" RO: "ok" |
|
Quoted:
I understand cya mentality, but do people with illegal Maxine guns really show up at organized MG shooting events? Seems... unlikely. Posted Via AR15.Com Mobile View Quote View All Quotes View All Quotes Quoted:
Quoted:
At every Hernando machine gun shoot, they walk the line checking paperwork before calling the line hot for the first time. I understand cya mentality, but do people with illegal Maxine guns really show up at organized MG shooting events? Seems... unlikely. Posted Via AR15.Com Mobile Probably highly unlikely for somebody to show up with a completely unregistered machinegun. My guess is that it wouldn't be a rare event to find folks out of compliance with 5320.20 inter-state travel paperwork that either didn't know about the requirement, didn't get their approvals in time and went anyway, and or just didn't care to file those docs at all. |
|
We got stopped after shooting MGs, leaving a pit in National Forest in Oregon, by a law enforcement roadblock, two vehicles with flashing blue lights, Forest Ranger dressed in a neat, ready for combat, military jump suit, pistol in low holster on his thigh. He also called couple of sheriff's deputies as a backup. "Please exit the car" over the loudspeaker, so we did. "I need to see your Form 4s". No problem I said, pulled out my folder and he started looking through the forms, duplicates of Form 4s, with photos and current and prior sheriff's signatures on the back. That took about 5 to 10 minutes, not sure if he knew what he was looking at. Sheriff's deputies looked embarrassed.
Then he asked that "he has to see the firearms", I let them peek at UZI inside a bag and a Steyr AUG. Did not even pull the firearms out. Sheriff's deputies were milling around, smiled, friendly and looked embarrassed (probably by the SWAT ready Ranger) Don't know if he called them out in the past.. My buddy left his forms at home, but they did not make it an issue of it, and didn't even look at his "stuff" in the back of my SUV. But Ranger copied his drivers license. Ranger then called him 4 or 6 weeks later, that he still needs to see his Form. My friend was tempted to give him a finger, but did make an "appointment" for one day next week, drove to the Ranger Station, showed him copy of one of his Form 4s. Ranger wanted him to "go to his office to talk", I don't know if he was fishing for something, amateur detective or what, but my friend just handed him the form and kept his mouth shot. The "case" was then officially closed. Friendly, but not entirely pleasant encounter, about 5 or 6 years ago. Never had that happen again, including several Big SandyMG shoots in Arizona. It's probably smart to have the Forms with you and defuse the situation. I also suspect that there are more than few scared or hateful people out there, including some hunters, that like to call law enforcement on you (somebody is out there, shooting machine guns). I don't know if they think you are a local Taliban practicing for assault, MGs are illegal, or just envious and want to make trouble for you. Ranger made it sound like he heard us shooting while he was patrolling the area (looking for illegal tree cutting). Its half an hour drive from town and 1 hour from the nearest Ranger station. |
|
I still haven't seen a specific ruling by ATF on whether stricly electronic copies of NFA paperwork constitutes as valid in the event you need to show. That said, I carry both with me as well as all my travel paperwork and complete print of my trust. |
|
|
Quoted:
Really? Did you show them? They have no legal authority to ask or see them. Eta: I know their range their rules. That's why I don't shoot on public ranges. View Quote View All Quotes View All Quotes Quoted:
Quoted:
been asked for paperwork on several occasions by RSOs, mainly for suppressors. Really? Did you show them? They have no legal authority to ask or see them. Eta: I know their range their rules. That's why I don't shoot on public ranges. Meh. As long as they aren't hysterical dicks, no biggie. |
|
Quoted:
I still haven't seen a specific ruling by ATF on whether stricly electronic copies of NFA paperwork constitutes as valid in the event you need to show. That said, I carry both with me as well as all my travel paperwork and complete print of my trust. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Not yet. I keep my paperwork in my phone That is a damn good idea! I still haven't seen a specific ruling by ATF on whether stricly electronic copies of NFA paperwork constitutes as valid in the event you need to show. That said, I carry both with me as well as all my travel paperwork and complete print of my trust. My take is having electronic copies on your phone is a great idea but not a complete replacement for keeping full size paper copies. Aside from the potential technical issues of your phone taking a dump when you need them, my guess is that the old codger LE officer who is questioning you about your machinegun/silencer,etc and contemplating confiscation and/or arrest is going to look at you with a potentially skeptical eye when you say "hold on a sec I need to download these to my smart phone from my cloud account" and then show him a basically illegible 2"x 4" copy which he cant read unless you show him how to scan/pan and zoom in on certain sections. My two interactions with law enforcement while not as dramatic as the poster above, having clear and legible full size copies neatly organized in a 3-ring binder appeared to help quickly defuse the situation. |
|
I always shoot on private land, and I have only been asked to show papers one time. Full auto freaks people out even in the country. The police officers had no idea what I was showing them, but it worked, and they left me and my beltfeds alone.
|
|
Quoted:
Nope. I have pictures of all forms on a secure section of one of my websites, can show them from anywhere if needed. View Quote web sites aren't always accessible...and I doubt a cop is gonna be willing to wait 10 mins for you to get a signal so you can show him an easily doctored web site. I keep my form scans saved locally on my phone, just in case there's no signal, but that's a backup to paper copies in the range bag. To each their own, but unless you like your cool guns being confiscated, thrown/bashed around, and then held by the cops for 6 months, or more, while they make sure it hasn't been used in any crime, ya might wanna have some paper. |
|
The iBooks app is where I keep mine. It's available offline, so they're hosted on my phone whether I have a signal or not. So, as long as I haven't lost my phone or battery went dead, I'd have that copy.
Definitely would depend on the situation as to whether I felt comfortable handing my iPhone to a LEO, or just pull the binder out of the bag. Guess we'll see if the situation ever arises. |
|
Quoted:
My take is having electronic copies on your phone is a great idea but not a complete replacement for keeping full size paper copies. Aside from the potential technical issues of your phone taking a dump when you need them, my guess is that the old codger LE officer who is questioning you about your machinegun/silencer,etc and contemplating confiscation and/or arrest is going to look at you with a potentially skeptical eye when you say "hold on a sec I need to download these to my smart phone from my cloud account" and then show him a basically illegible 2"x 4" copy which he cant read unless you show him how to scan/pan and zoom in on certain sections. My two interactions with law enforcement while not as dramatic as the poster above, having clear and legible full size copies neatly organized in a 3-ring binder appeared to help quickly defuse the situation. View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
Quoted:
Not yet. I keep my paperwork in my phone That is a damn good idea! I still haven't seen a specific ruling by ATF on whether stricly electronic copies of NFA paperwork constitutes as valid in the event you need to show. That said, I carry both with me as well as all my travel paperwork and complete print of my trust. My take is having electronic copies on your phone is a great idea but not a complete replacement for keeping full size paper copies. Aside from the potential technical issues of your phone taking a dump when you need them, my guess is that the old codger LE officer who is questioning you about your machinegun/silencer,etc and contemplating confiscation and/or arrest is going to look at you with a potentially skeptical eye when you say "hold on a sec I need to download these to my smart phone from my cloud account" and then show him a basically illegible 2"x 4" copy which he cant read unless you show him how to scan/pan and zoom in on certain sections. My two interactions with law enforcement while not as dramatic as the poster above, having clear and legible full size copies neatly organized in a 3-ring binder appeared to help quickly defuse the situation. Electronic copies are in local storage on the phone, download already completed. I keep them just in case I have a mind fart and the paper is not in the range bag. , And quite honestly I believe most LEOs are just looking for the guys who say "WHAT paperwork" and then go off on how their 2nd amendment rights are being violated. If a misinformed LEO wants to confiscate my stuff it's not like I can stop them. I would just shut up and clear things up at the station. If that doesn't work, that's what lawyers are for, filing lawsuits for illegal arrest and/or seizure. |
|
|
Once, by the RO at H&H gun range in OKC. I had them, displayed them, and went on about my day.
|
|
Quoted:
http://www.endoapparel.com/wp-content/themes/thesis_18/custom/images/never-shoulder-never-forget-shirt/Never-Shoulder-Never-Forget-Triblack-Shirt-Full-Resolution.jpg ^ thats more likely View Quote View All Quotes View All Quotes Quoted:
Quoted:
Quoted:
At every Hernando machine gun shoot, they walk the line checking paperwork before calling the line hot for the first time. I understand cya mentality, but do people with illegal Maxine guns really show up at organized MG shooting events? Seems... unlikely. Posted Via AR15.Com Mobile http://www.endoapparel.com/wp-content/themes/thesis_18/custom/images/never-shoulder-never-forget-shirt/Never-Shoulder-Never-Forget-Triblack-Shirt-Full-Resolution.jpg ^ thats more likely That's funny! |
|
One of the county ranges at Pima County Fair grounds in Tucson asked me after 40mins of shooting to see my "papers" for my 2 suppressors. I asked him where the directive was for him to check legality, he said "I think I've seen it in the employee handbook". It took him 15mins, and me pointing out to him which paragraph it said to check on.
Funny thing is he never asked to see "papers" for my 8" SBR I now never shoot there becasue of this, and will drive an extra 45mins to shoot at Tucson Rifle Club. When I asked if they needed to see my form 4's, they said "Nope. It's your ass if you get caught with Illegal NFA items!" The range home to: Sherrif, FBI, and Homeland Secuirty for qualifying |
|
Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!
You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.
AR15.COM is the world's largest firearm community and is a gathering place for firearm enthusiasts of all types.
From hunters and military members, to competition shooters and general firearm enthusiasts, we welcome anyone who values and respects the way of the firearm.
Subscribe to our monthly Newsletter to receive firearm news, product discounts from your favorite Industry Partners, and more.
Copyright © 1996-2024 AR15.COM LLC. All Rights Reserved.
Any use of this content without express written consent is prohibited.
AR15.Com reserves the right to overwrite or replace any affiliate, commercial, or monetizable links, posted by users, with our own.