Armory Sponsor
Posted: 9/13/2012 1:56:54 PM EDT
|
If I get stopped by the police and have a suppressor in the truck do I have to tell them about it?
I have a ccw and In my state I have to tell them about my guns that are in the truck. So dose suppressor = gun |
|
Quoted:
Yes. Asilencer is a firearm per the ATF, if it wasn't considered a firearm they couldn't regulate it. 
According to the ATF website FAQ (http://www.atf.gov/firearms/faq/firearms-technology.html): The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” By that definition, a silencer is not a firearm. I personally wouldn't tell an LE that I had a silencer. Then again, why would you be carrying a silencer without a gun in the first place? |
|
Quoted:
Quoted:
Yes. Asilencer is a firearm per the ATF, if it wasn't considered a firearm they couldn't regulate it.
According to the ATF website FAQ (http://www.atf.gov/firearms/faq/firearms-technology.html): The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” By that definition, a silencer is not a firearm. I personally wouldn't tell an LE that I had a silencer. Then again, why would you be carrying a silencer without a gun in the first place? You are misinformed, sir. Suppressors (silencers) are considered to be firearms by both the ATF and most states that allow them. You seem to have forgotten that in dealing with the ATF or NFA regs, there is no such thing as logic, and they can, and will, interpret any situation encountered to the detriment of the poor unfortunate slob that they have in thier slimy clutches. And that's on a good day. If they're having a bad day, the will make life hell on earth for said unfortunate slob, even if all the ducks are in a row. There shouldn't be any problem having your suppressor in your possession as long as you are the registered owner or trustee, and have a copy of the form 1 or 4 with the tax stamp on it. I never carry the originals, they stay in the safe. I make a color copy of the form (front and back) and mark it "COPY" (so no one tries to accuse me of counterfeiting) and keep it in a plastic zip loc sandwich bag inside the pouch, with the can. You may want to re-read the regs concerning storage & transport of NFA items. |
|
Quoted:
Quoted:
Quoted:
Yes. Asilencer is a firearm per the ATF, if it wasn't considered a firearm they couldn't regulate it.
According to the ATF website FAQ (http://www.atf.gov/firearms/faq/firearms-technology.html): The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” By that definition, a silencer is not a firearm. I personally wouldn't tell an LE that I had a silencer. Then again, why would you be carrying a silencer without a gun in the first place? You are misinformed, sir. Suppressors (silencers) are considered to be firearms by both the ATF and most states that allow them. You seem to have forgotten that in dealing with the ATF or NFA regs, there is no such thing as logic, and they can, and will, interpret any situation encountered to the detriment of the poor unfortunate slob that they have in thier slimy clutches. And that's on a good day. If they're having a bad day, the will make life hell on earth for said unfortunate slob, even if all the ducks are in a row. There shouldn't be any problem having your suppressor in your possession as long as you are the registered owner or trustee, and have a copy of the form 1 or 4 with the tax stamp on it. I never carry the originals, they stay in the safe. I make a color copy of the form (front and back) and mark it "COPY" (so no one tries to accuse me of counterfeiting) and keep it in a plastic zip loc sandwich bag inside the pouch, with the can. You may want to re-read the regs concerning storage & transport of NFA items. It really doesn't even matter what the ATF classifies them as anyway, seeing that it is state law that he is referring to (i.e. declaring he has a suppressor as it pertains to a CHL). You should know the state definition of firearm or at least what a concealed handgun license in your state defines a firearm or handgun as. For my state, a suppressor is not a firearm and I don't know what possible definition considers a silencer as a firearm (aside from the box on a Form 4). By your logic, I would need a concealed weapon license to carry a car muffler in my pocket. Use common sense here. |
|
Because I'm bored- The Michigan definition of firearm:
“Firearm” means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BB's not exceeding . But I have a feeling this is not the end of the debate... |
|
Quoted:
Quoted:
Quoted:
Quoted:
Yes. Asilencer is a firearm per the ATF, if it wasn't considered a firearm they couldn't regulate it.
According to the ATF website FAQ (http://www.atf.gov/firearms/faq/firearms-technology.html): The term “firearm” is defined in the Gun Control Act of 1968, 18 U.S.C. Section 921(a)(3), to include “(A) any weapon (including a starter gun), which will, or is designed to or may readily be converted to expel a projectile by the action of an explosive; (B) the frame or receiver of any such weapon….” By that definition, a silencer is not a firearm. I personally wouldn't tell an LE that I had a silencer. Then again, why would you be carrying a silencer without a gun in the first place? You are misinformed, sir. Suppressors (silencers) are considered to be firearms by both the ATF and most states that allow them. You seem to have forgotten that in dealing with the ATF or NFA regs, there is no such thing as logic, and they can, and will, interpret any situation encountered to the detriment of the poor unfortunate slob that they have in thier slimy clutches. And that's on a good day. If they're having a bad day, the will make life hell on earth for said unfortunate slob, even if all the ducks are in a row. There shouldn't be any problem having your suppressor in your possession as long as you are the registered owner or trustee, and have a copy of the form 1 or 4 with the tax stamp on it. I never carry the originals, they stay in the safe. I make a color copy of the form (front and back) and mark it "COPY" (so no one tries to accuse me of counterfeiting) and keep it in a plastic zip loc sandwich bag inside the pouch, with the can. You may want to re-read the regs concerning storage & transport of NFA items. It really doesn't even matter what the ATF classifies them as anyway, seeing that it is state law that he is referring to (i.e. declaring he has a suppressor as it pertains to a CHL). You should know the state definition of firearm or at least what a concealed handgun license in your state defines a firearm or handgun as. For my state, a suppressor is not a firearm and I don't know what possible definition considers a silencer as a firearm (aside from the box on a Form 4). By your logic, I would need a concealed weapon license to carry a car muffler in my pocket. Use common sense here. Did you actually read what I wrote? As I clearly stated: according to ATF (Federal laws trump state laws, in this case) and MOST (not all) states. I also clearly stated that we are dealing with NFA laws here, which defy actual logic. You can continue this discussion if you insist, but the point I tried to make very clear here is to err on the side of caution because the rules & laws are so convoluted, and most LEOs so ill informed as to the laws they are supposed to enforce, that even if you have everything covered to the nth degree, they can, and will, put you through hell if they so choose, legal or not. Cover your ass, be prepared. If that's not common sense, then what would you call it? You are paranoid only if they aren't out to get you. |
Armory Sponsor