Posted: 6/10/2009 10:05:15 AM EDT
| What ATF form do I have to fill out to legally own/purchase a suppressor??? |
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If you are making one, two 5320.1's Form 1 and a certificate of compliance 5330.20 Certificate of Compliance along with two fingerprint cards and two passport photos taken withing the last year for the background checks If you are purchasing one, two 5320.4's which Phil linked you to and one certificate of compliance 5330.20 Certificate of Compliance along with two fingerprint cards and two passport photos taken within the last year for the background checks since your asking you haven't been to a dealer yet, go to a dealer and he'll walk you through the process which will change some if you have to go with the trust route |
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I thought you guys can buy but not use suppressors in your state... Not that I'm rubbing it in or anything. BSW Don't make me kick you back across the border. .........but ya, you are right. Legal to own, but not to use. Not trying to be an ass here, honest question: Given that I live in WA, is there actually a point in owning a supressor here? Besides "because you can" I mean. That's a lot of change to plunk down for something that I can't actually use. Also, is it legal to own and take somewhere else to use and bring back, or does that put you in a tricky spot due to it now having been fired? OR and other legal-use states are too far for me to go regularly to rationalize the purchase, which is the only scenario I can come up with. |
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Lots of dudes down here in Vancouver have silencers. We just drive across the border and shoot the crap out of them.
If you are up by Seattle, then it may be a different story. You will have to decide if you want to drive all the way to another state, or sneak off into the WA woods to do your dirty business. At least nobody would hear you. |
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Ah, So it's one of those things that's more attractive the closer you are to a border. That's kind of what I figured, and sorta rules me out. I'm in Seattle so the closest borders are a) the Pacific Ocean and b) Canada. Both of which aren't much help. Oh well. Not necessarily "closer" to another state. For instance, I live out near Bremerton. pretty far away from OR (my home state actually) or ID. But, since I still have family and friends in Oregon where I was born and grew up for the most part, I visit enough to make it worth my while. If one has no other reasons for traveling though, the only real reasons for suppressor ownership in WA would be for the "cool" factor or simply for collectors purposes. |
| ORs not that far. I'm pretty much in the same boat and I'm getting one anyways. I can always drive cross the border. I am using Rainier Arms for my trident-9. I went the trust route but they have the compliance form and the Form 4, great guys to deal with and they have some cans in the shop if you want to see a compro. |
The FACTS:
(1) Every person who: (a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; (b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or (c) Uses any contrivance or device for suppressing the noise of any firearm, is guilty of agross misdemeanor punishable under chapter 9A.20 RCW. (2) Subsection (1)(a) of this section does not apply to: (a) The possession of a spring blade knife by a law enforcement officer while the officer: (i) Is on official duty; or (ii) Is transporting the knife to or from the place where the knife is stored when the officer is not on official duty; or (b) The storage of a spring blade knife by a law enforcement officer.
(1) Classified Felonies. (a) The particular classification of each felony defined in Title 9A RCW is expressly designated in the section defining it. (b) For purposes of sentencing, classified felonies are designated as one of three classes, as follows: (i) Class A felony; or (ii) Class B felony; or (iii) Class C felony. (2) Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor. (b) All crimes other than felonies and misdemeanors are gross misdemeanors.
(1) Felony. Unless a different maximum sentence for a classified felony is specifically established by a statute of this state, no person convicted of a classified felony shall be punished by confinement or fine exceeding the following: (a) For a class A felony, by confinement in a state correctional institution for a term of life imprisonment, or by a fine in an amount fixed by the court of fifty thousand dollars, or by both such confinement and fine; (b) For a class B felony, by confinement in a state correctional institution for a term of ten years, or by a fine in an amount fixed by the court of twenty thousand dollars, or by both such confinement and fine; (c) For a class C felony, by confinement in a state correctional institution for five years, or by a fine in an amount fixed by the court of ten thousand dollars, or by both such confinement and fine. (2) Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9ARCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine. (3) Misdemeanor. Every person convicted of a misdemeanor defined in Title 9A RCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than ninety days, or by a fine in an amount fixed by the court of not more than one thousand dollars, or by both such imprisonment and fine. (4) This section applies to only those crimes committed on or after July 1, 1984. ETA:
A police officer having probable cause to believe that a person has committed or is committing a felony shall have the authority to arrest the person without a warrant. A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer, except as provided in subsections (1) through (10) of this section. (1) Any police officer having probable cause to believe that a person has committed or is committing a misdemeanor or gross misdemeanor, involving physical harm or threats of harm to any person or property or the unlawful taking of property or involving the use or possession of cannabis, or involving the acquisition, possession, or consumption of alcohol by a person under the age of twenty-one years under RCW 66.44.270, or involving criminal trespass under RCW 9A.52.070 or 9A.52.080, shall have the authority to arrest the person. (2) A police officer shall arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that: (a) An order has been issued of which the person has knowledge under RCW 26.44.063, or chapter 7.90, 10.99, 26.09, 26.10, 26.26, 26.50, or 74.34 RCW restraining the person and the person has violated the terms of the order restraining the person from acts or threats of violence, or restraining the person from going onto the grounds of or entering a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location or, in the case of an order issued under RCW 26.44.063, imposing any other restrictions or conditions upon the person; or (b) A foreign protection order, as defined in RCW 26.52.010, has been issued of which the person under restraint has knowledge and the person under restraint has violated a provision of the foreign protection order prohibiting the person under restraint from contacting or communicating with another person, or excluding the person under restraint from a residence, workplace, school, or day care, or prohibiting the person from knowingly coming within, or knowingly remaining within, a specified distance of a location, or a violation of any provision for which the foreign protection order specifically indicates that a violation will be a crime; or (c) The person is sixteen years or older and within the preceding four hours has assaulted a family or household member as defined in RCW 10.99.020 and the officer believes: (i) A felonious assault has occurred; (ii) an assault has occurred which has resulted in bodily injury to the victim, whether the injury is observable by the responding officer or not; or (iii) that any physical action has occurred which was intended to cause another person reasonably to fear imminent serious bodily injury or death. Bodily injury means physical pain, illness, or an impairment of physical condition. When the officer has probable cause to believe that family or household members have assaulted each other, the officer is not required to arrest both persons. The officer shall arrest the person whom the officer believes to be the primary physical aggressor. In making this determination, the officer shall make every reasonable effort to consider: (i) The intent to protect victims of domestic violence under RCW 10.99.010; (ii) the comparative extent of injuries inflicted or serious threats creating fear of physical injury; and (iii) the history of domestic violence between the persons involved. (3) Any police officer having probable cause to believe that a person has committed or is committing a violation of any of the following traffic laws shall have the authority to arrest the person: (a) RCW 46.52.010, relating to duty on striking an unattended car or other property; (b) RCW 46.52.020, relating to duty in case of injury to or death of a person or damage to an attended vehicle; (c) RCW 46.61.500 or 46.61.530, relating to reckless driving or racing of vehicles; (d) RCW 46.61.502 or 46.61.504, relating to persons under the influence of intoxicating liquor or drugs; (e) RCW 46.20.342, relating to driving a motor vehicle while operator's license is suspended or revoked; (f) RCW 46.61.5249, relating to operating a motor vehicle in a negligent manner. (4) A law enforcement officer investigating at the scene of a motor vehicle accident may arrest the driver of a motor vehicle involved in the accident if the officer has probable cause to believe that the driver has committed in connection with the accident a violation of any traffic law or regulation. (5) Any police officer having probable cause to believe that a person has committed or is committing a violation of RCW 79A.60.040 shall have the authority to arrest the person. (6) An officer may act upon the request of a law enforcement officer in whose presence a traffic infraction was committed, to stop, detain, arrest, or issue a notice of traffic infraction to the driver who is believed to have committed the infraction. The request by the witnessing officer shall give an officer the authority to take appropriate action under the laws of the state of Washington. (7) Any police officer having probable cause to believe that a person has committed or is committing any act of indecent exposure, as defined in RCW 9A.88.010, may arrest the person. (8) A police officer may arrest and take into custody, pending release on bail, personal recognizance, or court order, a person without a warrant when the officer has probable cause to believe that an order has been issued of which the person has knowledge under chapter 10.14 RCW and the person has violated the terms of that order. (9) Any police officer having probable cause to believe that a person has, within twenty-four hours of the alleged violation, committed a violation of RCW 9A.50.020 may arrest such person. (10) A police officer having probable cause to believe that a person illegally possesses or illegally has possessed a firearm or other dangerous weapon on private or public elementary or secondary school premises shall have the authority to arrest the person. For purposes of this subsection, the term "firearm" has the meaning defined in RCW 9.41.010 and the term "dangerous weapon" has the meaning defined in RCW 9.41.250 and 9.41.280(1) (c) through (e). (11) Except as specifically provided in subsections (2), (3), (4), and (6) of this section, nothing in this section extends or otherwise affects the powers of arrest prescribed in Title 46 RCW. (12) No police officer may be held criminally or civilly liable for making an arrest pursuant to RCW 10.31.100 (2) or (8) if the police officer acts in good faith and without malice. |
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So, lets summarize for those of you that can't find the bold red parts.... Every person who: Uses any contrivance or device for suppressing the noise of any firearm, is guilty of agross misdemeanor Misdemeanors and Gross Misdemeanors. (a) Any crime punishable by a fine of not more than one thousand dollars, or by imprisonment in a county jail for not more than ninety days, or by both such fine and imprisonment is a misdemeanor. Whenever the performance of any act is prohibited by any statute, and no penalty for the violation of such statute is imposed, the committing of such act shall be a misdemeanor. Gross misdemeanor. Every person convicted of a gross misdemeanor defined in Title 9ARCW shall be punished by imprisonment in the county jail for a maximum term fixed by the court of not more than one year, or by a fine in an amount fixed by the court of not more than five thousand dollars, or by both such imprisonment and fine A police officer may arrest a person without a warrant for committing a misdemeanor or gross misdemeanor only when the offense is committed in the presence of the officer I do not own any legal or illegal suppressors nor do I advocate the commision of a gross misdemeanor |
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Quoted: I could be wrong but I think most RCWs seem to have an LE clause. You are in fact...wrong. Read the RCWs I posted There is NO LE clause in the suppressor restrictions. Only for spring assisted knives. EDIT:
(1) Every person who: (a) Manufactures, sells, or disposes of or possesses any instrument or weapon of the kind usually known as slung shot, sand club, or metal knuckles, or spring blade knife, or any knife the blade of which is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement; (b) Furtively carries with intent to conceal any dagger, dirk, pistol, or other dangerous weapon; or (c) Uses any contrivance or device for suppressing the noise of any firearm, is guilty of agross misdemeanor punishable under chapter 9A.20 RCW. (2) Subsection (1)(a) of this section does not apply to: (a) The possession of a spring blade knife by a law enforcement officer while the officer: (i) Is on official duty; or (ii) Is transporting the knife to or from the place where the knife is stored when the officer is not on official duty; or (b) The storage of a spring blade knife by a law enforcement officer. As you can see, subsection 2 includes the exemptions for subsection (1)(a), nothing about (1)(c) which is the suppressor section. |
