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Posted: 10/20/2017 11:57:06 PM EDT
Are Law enforcement officers subject to the same gun restrictions on magazine capacities and type of firearms when carrying off duty for concealed carry in ban states such as California, NY, etc...

Also can LE keep their own personal long guns with high capacity magazines in their homes in ban states or are they subject to the same restrictions as civilians?
Link Posted: 10/21/2017 1:27:53 AM EDT
[#1]
Varies state to state.
Link Posted: 10/21/2017 8:23:40 AM EDT
[#2]
you're little people Deckard!
Link Posted: 10/21/2017 8:28:14 AM EDT
[#3]
LEOs are exempt from the ban here, as well as .mil.




<<<<<< location
Link Posted: 10/21/2017 8:34:36 AM EDT
[#4]
Here is a good read to get you started:  https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/

You can also google LEOSA or HR 218 for more material.

Someone correct me if I am wrong, but state mag and/or ammo restrictions could still be an issue if someone wanted to be "testy".
Link Posted: 10/21/2017 9:15:40 AM EDT
[#5]
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Quoted:
you're little people Deckard!
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I retired in 2008. From what i recall yes if you are off duty. Can't recall if you where restricted if you where on duty preforming a police function in another state.
Link Posted: 10/21/2017 9:42:40 AM EDT
[#6]
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Quoted:
Here is a good read to get you started:  https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/

You can also google LEOSA or HR 218 for more material.

Someone correct me if I am wrong, but state mag and/or ammo restrictions could still be an issue if someone wanted to be "testy".
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Mag restrictions are still in place under 218, round restrictions are not.
Link Posted: 10/22/2017 11:42:14 PM EDT
[#7]
Cant speak for anywhere else, but in NY, All sworn full time LE, (Fed, State and Local) is exempted from all the state gun laws.
Link Posted: 10/24/2017 12:58:40 PM EDT
[#8]
NY LEOS are exempt when off duty
LEOs visiting NY from out of state have to abide by the magazine capacity limits if not in NY in an official capacity
Link Posted: 10/24/2017 8:49:40 PM EDT
[#9]
in Kalif - Peace officer LEOs are exempt from high cap mag ban, and off roster pistols -  Fed LEOs weren't exempt until recently.
No LEO exemptions to buy/possess "assault weapons", To purchase a real AR15, must be for duty use and have a letter from agency.
Normal waiting period and background check applies to everyone, no waiting period for LEOs on duty guns, with agency letter.
LEOs are exempt from the FSC test (firearm safety card), with proper agency ID.
Link Posted: 10/24/2017 9:09:04 PM EDT
[#10]
Link Posted: 10/24/2017 9:25:17 PM EDT
[#11]
it's good to be the kings men
Link Posted: 10/24/2017 9:27:09 PM EDT
[#12]
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Quoted:
it's good to be the kings men
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This isn't GD.
Link Posted: 10/24/2017 10:41:58 PM EDT
[#13]
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Quoted:
it's good to be the kings men
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Link Posted: 10/25/2017 3:49:18 AM EDT
[#14]
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Quoted:
it's good to be the kings men
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If it's so good, the "King" is taking applications. Step up...
Link Posted: 10/25/2017 6:49:26 PM EDT
[#15]
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Supposedly we should be getting LEOSA this year, we already technically fall under the law except for not having an ID card system in place.

It would be helpful if there were an online guide to LEOSA and what restrictions each state had for LE carry.
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Who is we?
Link Posted: 10/25/2017 6:58:22 PM EDT
[#16]
Link Posted: 10/25/2017 7:29:12 PM EDT
[#17]
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Quoted:
LEOs are exempt from the ban here, as well as .mil.




<<<<<< location
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Got to know a guy a few years ago before the present ban but during the previous one where CT did not allow many named guns , flask hiders and adjustable stocks ..There was a exemption for active duty,

This guy was active duty army but was taking graduate courses at Yale. He owned several non compliant personal firearms and went to the state police firearms section to get squared away. Apparently they agreed he was permuted to have them no one had ever approached the firearms division so they didn't have any paperwork. After talking to a bunch of different folks they wrote him a note or letter giving him the go ahead
Link Posted: 10/25/2017 7:50:38 PM EDT
[#18]
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Quoted:

USCG (specifically Boarding Officer qualified personnel)
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Cool, this is the first I've heard about this, are they going to give us credentials or change the wording in LEOSA?
Link Posted: 10/25/2017 8:46:22 PM EDT
[#19]
Link Posted: 10/25/2017 9:27:53 PM EDT
[#20]
Thanks for the responses. I will also be getting my LEOSA and was curious if I were to travel in ban states such as NY and California.
Link Posted: 10/25/2017 9:31:51 PM EDT
[#21]
Short answer; yes, unless specified in state law.  For example Hawaii, I can carry in the state with my credentials but I am still limited to the 10 round handgun magazine limitation imposed by the state.
Link Posted: 10/25/2017 10:54:15 PM EDT
[#22]
I thought the Coast Guard was good to go with LEOSA for a long time.  Case law from 2008:


https://www.policeone.com/legal/articles/241915006-4-LEOSA-cases-and-what-they-mean-for-your-concealed-carry/
Link Posted: 10/27/2017 1:57:51 PM EDT
[#23]
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Quoted:
Short answer; yes, unless specified in state law.  For example Hawaii, I can carry in the state with my credentials but I am still limited to the 10 round handgun magazine limitation imposed by the state.
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Hawaii places several restrictions on LEOSA: http://ag.hawaii.gov/cjd/law-enforcement-index-page/

I don't know if they'd fly, but I wouldn't want to be the test case.
Link Posted: 10/27/2017 4:16:04 PM EDT
[#24]
Link Posted: 10/29/2017 10:52:14 AM EDT
[#25]
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials.
Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol
Link Posted: 10/29/2017 11:13:27 AM EDT
[#26]
...
Link Posted: 10/29/2017 11:32:39 AM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I'd like to see a list of LEOSA restrictions for out of staters. My primary off duty is a G19, but if I was visiting New York I guess I'd only be able to carry my G43?
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Only restriction as far as LEOSA is concerned in NY is magazine capacity which is 10 rounds, unless here on official business. HR218 covers everything else as far as NY laws go.
Link Posted: 10/29/2017 11:57:31 AM EDT
[#28]
So.....(other shoe dropping) I can’t seem to find any of the relevant federal or state constitutional provisions for this, ....


... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve?
Link Posted: 10/29/2017 2:05:30 PM EDT
[#29]
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Quoted:

Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol
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My class 3 dealer just went through an inspection and the ATF troll was giving him grief about my transactions.
I had to take a copy of the penal law in with the appropriate sections highlighted, and the ATF trolls still called NYSP for verification.
I'd understand if it was a new inspector, but this was someone with decades on the job looking to yoke up a dealer over legitimate transfers
Link Posted: 10/29/2017 2:10:37 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve?
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The liberal mentality that the general population doesn't «need» certain things for recreational purposes. They don't believe that any self defense scenario would require more than the contents of a neutered magazine.
Don't forget that after the federal ban passed in 1994, they immediately turned around and tried to drop the maximum magazine capacity to six rounds in a follow up piece of legislation.
They chip away at gun issues any way they can. They're persistent cockroaches
Link Posted: 10/29/2017 2:22:11 PM EDT
[#31]
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Quoted:


The liberal mentality that the general population doesn't «need» certain things for recreational purposes. They don't believe that any self defense scenario would require more than the contents of a neutered magazine.
Don't forget that after the federal ban passed in 1994, they immediately turned around and tried to drop the maximum magazine capacity to six rounds in a follow up piece of legislation.
They chip away at gun issues any way they can. They're persistent cockroaches
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Good answer. Like the way you think.
Link Posted: 10/29/2017 6:29:22 PM EDT
[#32]
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Quoted:
So.....(other shoe dropping) I can’t seem to find any of the relevant federal or state constitutional provisions for this, ....


... but what provides for, and why do we allow generally our LE agencies and their officers to have a greater capacity in their firearms, coupled with greater rates of fire than is generally allowed for the public they serve?
View Quote
Basically every restriction law enacted exempts military and LE on active duty. Some also carve out exceptions for retired LE and (sometimes) retired .mil

Dimocrats don't want to get their police or pocket politicians riled up - in a lot of these states, the Dims *are* the police, mostly.
Link Posted: 10/29/2017 7:30:07 PM EDT
[#33]
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Quoted:
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials.
Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol
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I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes sence about that? He was more qualified than most police.
Link Posted: 10/29/2017 7:44:25 PM EDT
[#34]
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Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes since about that? He was more qualified than most police.
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No one here agrees with SAFE. The reality is that the law recognizes an exemption for police for use for official purposes; the same exemption that existed all through the federal ban.
Back when the federal ban was first proposed, the authors contemplated not exempting local LE, which in the late 80s and early 90s was still in the middle of the transition from traditional wheelguns and shotguns to semi handguns and rifles.
The only exempted entity would have been military uses.
Ultimately I think they realized that their justification for the ban...that police were being outgunned by criminals...would fall apart if the police themselves were not able to possess the things they wanted to ban.
The reality is that the lefties recognize an official use need for the stuff they want to ban.
That's why they allow LEOs and military while acting in their official capacity to own this stuff.
They don't recognize a similar use for recreational use by non-military/ LEO.
It's a basic difference of views between the left and right on gun ownership.
edit: as far as mil vets being more qualified, I've seen some vets and their scary handling of ARs...
and LEOs who were better in this regard than vets.
The most reckless handling of an AR that I saw over the last 3 weeks of range qualification was a vet who should have known better
The main difference is deployed vs non-deployed.
if you haven't lived with the thing 24/7 for months on end, you're not going to have the same degree of familiarity and comfort level.
Even some combat arms vets who never deployed have some degree of familiarity that many LEOs lack, because the vets spent much of basic living with their M16s
Link Posted: 10/29/2017 10:06:08 PM EDT
[#35]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes sence about that? He was more qualified than most police.
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I don't enforce safe act provisions
Link Posted: 10/30/2017 9:48:00 AM EDT
[#36]
Link Posted: 10/30/2017 9:59:30 AM EDT
[#37]
...
Link Posted: 10/30/2017 10:12:11 AM EDT
[#38]
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Quoted:

I don't enforce safe act provisions
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And as I've pointed out before, there is more to the SAFE act than the weapons restrictions that are discussed here most often.
There might be any number of things that were thrown into the SAFE Act stew that agencies may charge and have counted as " SAFE Act arrests" that have absolutely nothing to do with the bans on military pattern rifles or magazines.....
Link Posted: 10/30/2017 10:44:05 AM EDT
[#39]
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Quoted:

I don't enforce safe act provisions
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move to buffalo lol, they could use more officers like you.
Link Posted: 10/30/2017 5:25:38 PM EDT
[#40]
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Quoted:


I'm on the job too, so don't take this the wrong way. That will change once you have agency wide body cams. No more room for discretion then.
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The dept is forced to negotiate with the union if they want to force body cams on us. The union has made it quite clear that what they are going to ask for in return the county will never go for. I'll believe we're getting body cams when I see it. Besides, by the time we get them, if we do, I probably wont even be on patrol anymore, or tasked with making arrests.
Link Posted: 10/30/2017 5:27:51 PM EDT
[#41]
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Quoted:


And as I've pointed out before, there is more to the SAFE act than the weapons restrictions that are discussed here most often.
There might be any number of things that were thrown into the SAFE Act stew that agencies may charge and have counted as " SAFE Act arrests" that have absolutely nothing to do with the bans on military pattern rifles or magazines.....
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We don't make many gun collars around here, and the only ones that really do get made are all felons or drug dealers to begin with. I haven't heard of a normal person getting pinched and hung out to dry yet. Even on routine domestic arrests where guns are seized, I haven't seen any gun charges associated, unless the guy has a handgun with no permit, that's basically all I've seen.
Link Posted: 10/30/2017 5:33:43 PM EDT
[#42]
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Quoted:


The dept is forced to negotiate with the union if they want to force body cams on us. The union has made it quite clear that what they are going to ask for in return the county will never go for. I'll believe we're getting body cams when I see it. Besides, by the time we get them, if we do, I probably wont even be on patrol anymore, or tasked with making arrests.
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We weren't able to negotiate at all on the bodycam issue.
The policy was simply implemented
Link Posted: 10/30/2017 10:07:27 PM EDT
[#43]
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Quoted:


We weren't able to negotiate at all on the bodycam issue.
The policy was simply implemented
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It's contractual for us, and we have a VERY strong union. They're going to tell them they want something that the county will never agree on. Besides, even if we do implement body cams, I don't forsee them lasting very long. County is notorious on not keeping up on equipment that has more then the initial outlay of money. Reoccurring costs means it'll be gone before it's even fully implemented...
Link Posted: 10/30/2017 10:37:02 PM EDT
[#44]
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Quoted:

It's contractual for us, and we have a VERY strong union. They're going to tell them they want something that the county will never agree on. Besides, even if we do implement body cams, I don't forsee them lasting very long. County is notorious on not keeping up on equipment that has more then the initial outlay of money. Reoccurring costs means it'll be gone before it's even fully implemented...
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Ours is the same in many ways. twenty years ago when our first generation MDTs were stood up, they blew a decades worth of projected maintenance funds just to stand the system up.
Just a couple of years later the system crashed when they tried to update from a DOS based program to a Windows program, without upgrading any of the supporting networks/ hardware.
The politicians were completely unaware of this until one of them asked why there were so few MDTs in the new cars and why they weren't on and being used.
Took them 15 years to plan an implement a  replacement system.
If the data storage costs don't sink the body cam program, the replacement costs that will kick in when the current cams start dying certainly will sink the program.

Our last CLEO worked hard to undermine the union and its never really recovered. We've had some good officers and some who were more interested in pushing certain things that mattered to them.
We went 15 years without a  contract, and were only in contract for 6 months before that agreement lapsed.
Link Posted: 10/31/2017 10:04:34 AM EDT
[#45]
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years.  Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc.  And all that takes manpower. Which costs. 

Even our small agencies are having to deal with these issues that no one seemed to think of. 
Link Posted: 10/31/2017 11:07:10 AM EDT
[#46]
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Quoted:
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years.  Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc.  And all that takes manpower. Which costs. 

Even our small agencies are having to deal with these issues that no one seemed to think of. 
View Quote
Each of our calls is coded for how long the associated camera footage has to be retained.
The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted.
But yeah, data storage is a huge expense that many people don't consider.
Link Posted: 10/31/2017 11:26:03 AM EDT
[#47]
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Quoted:
Each of our calls is coded for how long the associated camera footage has to be retained.
The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted.
But yeah, data storage is a huge expense that many people don't consider.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
What no one ever thinks of with bodycams is the data storage issue. Either the agency or the prosecutor’s office (or both) is going to have to an amazing amount of data around for years.  Between discovery for criminal cases to appeals to civil suits it almost can’t be gotten rid of. I dont know what your cictim’s rights statutes are lke, but here we have to go through every piece of footage to make sure addreses and the like are rdacted out. Plus bluring of faces, MDT screens, etc.  And all that takes manpower. Which costs. 

Even our small agencies are having to deal with these issues that no one seemed to think of. 
Each of our calls is coded for how long the associated camera footage has to be retained.
The person running the body cam program gets an alert as to which footage is close to being purged and apparently has to prevent it from being automatically deleted.
But yeah, data storage is a huge expense that many people don't consider.
One of the larger prosecutor offices in our state has had to hire a team of paralegals who do nothing but redact video so it can be disclosed to the defense.  I'm having to rewrite our OIS policy to cover how bodycam (and other) footage is dealt with during the post-shooting investigation.  Plus defense attorneys are starting to get smart enough to ask for all the associated bodycam footage for a given officer with the idea that if they can catch him/her making a biased remark about someone protected class they can use it as Brady material in trial.  So far that has been resisted but with decisions coming down like Milke v. Ryan  and Milke v. Mroz, it will be here before you know it.
Link Posted: 11/8/2017 10:54:48 PM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
I will be the one to say that you should be restricted to the same laws you enforce. I think its wrong that NY cops can do what they want but one of my Marine buddy that went back home to buffalo had to sell off most of his firearms. What makes sence about that? He was more qualified than most police.
View Quote
Are we in GD? It seems like we're in GD.
Where am I? How did I get here?
Link Posted: 11/27/2017 6:30:33 PM EDT
[#49]
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Quoted:
We can buy, own and carry anything we want so long as we abide by Federal Law. Only state law we have to follow is we have to let the dept know every pistol we purchase since we are not required to have a pistol permit, we carry them on our shield/credentials.
Full NFA privileges too. It's funny when I speak to out of state dealers about ordering NFA stuff and then tell them I'm from NY.. lol
View Quote
I just dipped my toes into NFA land,  I'm looking at at least another 15-20 years to do, so why not.  My local dealer just got set up for all that and has my future suppressor on hand.  F1 in the works as well.

When I read this thread title, I knew there'd be some of the "king's men" comments inside.  My agency is statewide, and very accepting, and from some of the newer people coming in lately, the standards have been severely lowered.  Sign on up.  Otherwise, well, you know.
Link Posted: 11/27/2017 7:04:58 PM EDT
[#50]
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Quoted:

I just dipped my toes into NFA land,  I'm looking at at least another 15-20 years to do, so why not.  My local dealer just got set up for all that and has my future suppressor on hand.  F1 in the works as well.

When I read this thread title, I knew there'd be some of the "king's men" comments inside.  My agency is statewide, and very accepting, and from some of the newer people coming in lately, the standards have been severely lowered.  Sign on up.  Otherwise, well, you know.
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You'll enjoy the wait times for your stamps.
Getting into NFA stuff has cemented my need to leave this state after I retire.
edit: if you're gonna stick a can on your rifle, you may as well chop the barrel down, so get ready to apply for that second stamp.
No reason at all to have that can sticking out the end of a 16" barrel.
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