Armory Sponsor
Posted: 6/12/2006 1:04:25 PM EDT
| Is it true that using any NFA item such as a silencer, SBR or machinegun in self defense, e.g. defending your home, is a crime? |
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No. Who told you this? I want to know, so I can smack them with a 2x4. Harry Beckwith incident Gary Fadden incident Both of those links are to cases about men who used Machine guns in self-defense. |
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I wouldn't be grabbing my NFA stuff to defend my home. Not that it's illegal, but it would give a lawyer a lot of shit to throw at you, and it would be confiscated, at least for a while. You could probably talk you way out of using a suppressor, but a machine gun would be difficult. |
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State laws vary. For example, Virginia says:
Now, I would argue that defending yourself is a *defensive* purpose, not "offensive or aggressive". A DA might argue that possessing a MG to shoot someone, even in self defense, is an "aggressive" purpose. |
The way I'd read that law is the Unlawful possession or "Unlawful" use. |
That's exactly the way I read it. |
Are we gonna have to start diagramming sentences?  The law states: Use of a machine gun for an offensive or aggressive purpose is a Class 4 felony. Unlawful possession of a machine gun for an offensive or aggressive purpose is a Class 4 felony. There is another section of the VA code which defines an "aggressive purpose". That definition includes having ammo near the machinegun, which would pretty much rule out having the gun handy for self defense. Unlawful possession would include not having your federal tax stamp or not having registered it with the VA state police. Like I said, you can argue with the judge and jury about your reading comprehension skills vs the DA's reading comprehension skills. In any case, my point was check your state and local laws, there is no answer that covers the whole country. |
Dont' you watch CSI . . . . they'll be able to tell immediately you used a silencer from the marks on the bullet. 
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When I purchased my first NFA firearm, the Class III dealer told me it was illegal to use it in self defense in TN. He stated clearly it was illegal and not to even think about it. I would not use an NFA item in self defense anyway, so I never confirmed his statement. Dan |
What an abundance of information he turned out to be.  I'm saving up for a can specifically for a SD gun. If, big if, I'm ever involved in a SD shooting I'd like to walk away alive and with my hearing still intact. |
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It's legal to to anything you want for self defense, guns, mgs , flame throwers, BBQ forks , chairs, broken glass, ect... As long as the force you use is reasonable Justifiable self defense is justifiable self defense, period . If you killed someone in self defense with an MG you stole from your local PD it would be perfectly legal. (of course you would then get in trouble for having the illegal ,. stolen gun) |
Although I fully dig what you're saying, You could be digging yourself a deep hole if for whatever reason the news that you've hidden some aspect of the events comes out. |
Can he point you to the section of T.C.A. that he got this information from? I would be interested in reading it myself. |
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