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-   -   Silencers (http://www.firearmstalk.com/forums/f47/silencers-65564/)

00possum 06-01-2012 04:54 AM

Silencers
 
Know all the things and such you have to go through to get a silencer, but after you buy it can the county boys come up to your house and say you have to show it to them? I really need some answers and proof. I can't find anywhere that it says they can but I'm not good at finding stuff, so can anyone help?

JonM 06-01-2012 05:22 AM

Only a batfe agent may demand proof. That proof is in the form of a tax stamp attached to your registration form. Since its a tax document only the taxing agency has a right to see it.

It is bad practice however to not show it to leo if asked while using your nfa item. Since that often leads to confiscation and a garunteed meeting with the batfe.

Since this legal advice im suggesting you contact an actual nfa familiar attourney.

Theydont just knock on your any old time. The interweb genius have confused how the batfe treats ffl licensees with tax stamp holders. Two different things.

Tax stamp holders are not subject to batfe compliance inspection. That is reserved for ffl holders who have bound books. Even then they dont just show up. They call ahead setup a time to meet.

If you want proof its all listed on the batfe website or you can call the batfe or send an email with your question.

c3shooter 06-01-2012 05:25 AM

Unless you have state specific laws on suppressors, it is a FEDERAL matter. The county has nothing to do with it. Also your form that shows where you registered the suppressor is a tax document, which local law enforcement does NOT have a right to have.

(Most folks do not believe the above- check it out)

The BATFE has rights to do things with NFA firearms (and a suppressor IS legally a firearm)

(And Jon above me is right on- as usual. I gotta learn to type faster!)

00possum 06-01-2012 05:28 AM

Thanks guys, that's what I needed to read.

JonM 06-01-2012 05:43 AM

One other thing. Not many leo are aware that it is illegal under federal nfa rules for a police officer to take possession of a suspected nfa item. Only a batfe agent may seize such items. Law enforcement when confrinted with an illegal nfa item are supposed to secure the area call the batfe who send an agent who then seizes the device.

The batfe can authorize an officer to secure the item but they cant just take it. Even police are required to follow nfa rules. Police agencies can only posses and use items registered to that agency.

Now, someone can voluntarily transfer an nfa item to a police agency. Once a nfa item is transfered to police ownership it can never be transferred back to civilian hands. This is a dirty trick that agencies in commie states like illinois, california, newyork have used in the past.

Goes something like this... citizen inherits nfa item calls the police to ask what to do, liberal detective says transfer it to us for safekeeping. It gies on police form... ooops that citizen just lost a very expensive nfa item forever.

Cattledog 06-01-2012 06:57 AM

seems like a good place to post this link. http://www.atf.gov/firearms/faq/national-firearms-act-silencers.html

great info about local leos and the ATF btw jon. Few people realize that the BATFE is more of a friend than the locals when it comes to nfa regulated firearms.

Argyle_Armoring 06-01-2012 10:48 AM

00possum, JonM was spot on with all of his advice. Being you are in Texas, he is 100% correct.

JonM 06-01-2012 02:15 PM

Quote:

Originally Posted by Cattledog (Post 821276)
seems like a good place to post this link. http://www.atf.gov/firearms/faq/national-firearms-act-silencers.html

great info about local leos and the ATF btw jon. Few people realize that the BATFE is more of a friend than the locals when it comes to nfa regulated firearms.

This is true your more likely to get a fair shake by getting a batfe agent involved when confronted by a local or federal leo. I keep the number to my local batfe handy when im out using my nfa stuff i have it written on the back of the tax stamp copy.

When dealing with local leo on nfa be courteous and polite. While there is no legal reason to show them your tax stamp there is no practical reason not to. This is one time when giving a leo info can only help. He cant later say with any honesty he didnt know you had legal documents proving possession.

Ive been confronted once by an off duty leo, showed him my stamp offered to let him try my little supressed ruger out, he had a blast doing it. Also educated him on nfa rules. They get suprisingly little training regarding those items.

A lot of people are sfared to use them in public ranges. I have a blast doing it.

JTJ 06-03-2012 06:37 PM

That is a good idea to keep the batfe number on the copy.
I have heard some rumors that the process might be streamlined. Right now it is 6 to 8 months.

Sniper03 06-03-2012 06:41 PM

OOpossum,

From what I know about Tennessee Law when it comes to owning a suppressor it is perfectly legal with no problem! But the State Law advises that you must advise the Sheriff of the County that you have it, nothing more.

03


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