Is using class 3 firearms for SD illegal?

Discussion in 'Legal and Activism' started by Winchester94, Feb 5, 2014.

  1. Winchester94

    Winchester94 New Member

    840
    1
    0
    I was scrolling through the class 3 firearms section of gunbroker and started wondering this. Are suppressors, select fire guns, AOW's, SBR, and SBSs legal for home defense or concealed carry? Or would it just be made to look bad on you in court if you used them?

    Sent from my VS840 4G using Firearms Talk mobile app
     
  2. nitestalker

    nitestalker New Member

    6,489
    0
    0
    EDIT by Mod- Missed the question
     
    Last edited by a moderator: Feb 5, 2014

  3. Winchester94

    Winchester94 New Member

    840
    1
    0
    What if you were in a state where they're all legal to own.
    Would it be legal then?

    Sent from my VS840 4G using Firearms Talk mobile app
     
  4. nitestalker

    nitestalker New Member

    6,489
    0
    0
    Yes of course. But remember you must first comply with the NFA rules of the Federal Laws first. The Federal Laws must be obeyed in order to purchase your restricted NFA firearm. :)
     
  5. Winchester94

    Winchester94 New Member

    840
    1
    0
    I really don't that much at all about those types of guns. I've never even seen one of any of those types of guns outside of pictures and videos.

    Sent from my VS840 4G using Firearms Talk mobile app
     
  6. Mercator

    Mercator Active Member

    11,342
    13
    38
    All of them are legal for SD, as long as you own and carry them legally, with no unauthorized mods. Keep the ATF stamped form in your car, in case you get pulled over. A recent case of justifiable homicide (by a motorist who was assaulted by angry bikers) turned difficult for the defendant, but he was acquitted.
     
  7. Winchester94

    Winchester94 New Member

    840
    1
    0
    This is the answer I was looking for. I was thinking a suppressed gun would be good for HD so your ears wouldn't be as badly damaged.

    Sent from my VS840 4G using Firearms Talk mobile app
     
  8. nitestalker

    nitestalker New Member

    6,489
    0
    0
    EDIT by Mod- Sorry- you misunderstood the original question
     
    Last edited by a moderator: Feb 5, 2014
  9. BillDeShivs

    BillDeShivs Member

    850
    1
    18
    Edit by Mod- We are failing to communicate here, and misunderstanding abbreviations
     
    Last edited by a moderator: Feb 5, 2014
  10. nitestalker

    nitestalker New Member

    6,489
    0
    0
    EDIT by Mod- We have a failure to communicate
     
    Last edited by a moderator: Feb 5, 2014
  11. hmh

    hmh New Member

    962
    0
    0
    Suppressors are except from having to notify atf if you are taking them out of state.
     
  12. danf_fl

    danf_fl Retired Supporter

    12,361
    34
    48
    In a self defense situation, one should use every advantage one can (legally).

    The idea is sound, but some compromise may be necessary.

    Getting dressed like Rambo, having some NFA firearms on your body like the Road Warrior, and claiming SD may not go over too good in court.

    Consider that what may be legal may not be considered moral. And having a perceived illegal weapon may not sway the jury to your side. Reasonable doubt can convict.
     
  13. TekGreg

    TekGreg Lifetime Supporting Member Lifetime Supporter

    2,000
    0
    0
    There are a lot of assumptions being made by posters that were not put forth in the original post by the OP. Nowhere did he say he was transporting it over state lines. Nowhere did he say he would be "arming up" as a bad Hollywood commando. In fact, he qualified his question with clarification stating he was specifically inquiring about a suppressor. So, without reading anything into it that was not initially there, the answer would be:

    In general, if you legally own a suppressor, select fire or AOW, it can be used for self defense in any situation where a regular pistol, rifle or shotgun can be used.

    This assumes that you are in possession of your BATFE tax stamp and there are no local laws that prohibit it's use. Most states hat allow NFA ownership do not further limit use, but it would be wise to consult an attorney in your state.

    Personally, I would think it would be prudent to use a suppressor on your home defense firearm, as you are better able to hear what is happening in your home and you will not tactically or permanently deafen yourself, as well as not blinding yourself as badly from muzzle flash. A suppressor would be a sound tactical choice as long as all federal and local laws are followed. I am not an attorney - seek legal counsel of an attorney in your state before following ANYONE'S advice!

    Most attorneys specializing in firearms defense charge around $300 an hour and will bill one hour to answer as many questions as can be answered in an hour. I find if I write them down, I can get in 8-12 questions in that hour. Very cheap insurance for your freedom.
     
    Last edited: Feb 5, 2014
  14. MisterMcCool

    MisterMcCool Well-Known Member Supporter

    12,828
    150
    63
    My state issues "pistol permits." I don't expect the law would recognize a short barreled rifle or shotgun or an AOW as a pistol. Use of such a weapon would be seen as premeditation.




    no offense and none taken
    BannedBackTogether@email.com
     
  15. clr8ter

    clr8ter New Member

    4,015
    0
    0
    TekGreg, congratulations on actually reading and understanding the OP's post. LOL
     
  16. WebleyFosbery38

    WebleyFosbery38 New Member

    7,510
    0
    0
    Theirs the legal answer and the one that may leave you alive but in front of a judge, I think NS gave you the legal answer. If your life is threatened, use whatever it takes including C4 and grenades to live to fight another day and deal with the courts after, that beats testifying from a pine box.
     
  17. c3shooter

    c3shooter Administrator Staff Member

    21,344
    222
    63
    First of all- Winchester, I see you are in Roanoke VA area. Howdy, neighbor!

    Second- to the other folks- please stop the assumptions. SD means self defense, not South Dakota. And the snappy comments can stop any time now.

    Back to the question- As stated, there is no law that limits the means of defending your life. The laws DO address when use of "deadly force" is justified. If I am reasonably in fear of my life, I can use a rock, a .44 magnum, a Short Barreled Shotgun, a pointy stick, or a .22 with a suppressor.

    The laws on NFA firearms DO vary a lot state to state. Here is VA they are legal once you are straight with the Feds (Virginia DOES require that you register machine guns with the State Police).
     
  18. alsaqr

    alsaqr Well-Known Member Supporter

    6,130
    119
    63
    Assuming it is legal to own an NFA weapon in your state, that weapon may legally be used in self defense. There are very few recorded cases of NFA weapons being used for self defense.

    Use of an NFA weapon for self defense, although legal in your state, may not be the smart thing. Gary Fadden killed an attacker with an NFA weapon: He even fired a warning burst. The scumbag kept coming and got killed for his trouble. Although the deceased scumbag was a notorious member of a rogue motor cycle gang, the VA prosecutor charged Gary Fadden with first degree murder. Mas Ayoob was the expert witness for the defense. Thankfully, the prosecutor's case fell apart.

    The Gary Fadden case:

    http://spyderco.com/forums/showthread.php?42310-The-Ayoob-Files
     
    Last edited: Feb 5, 2014
  19. JonM

    JonM Moderator

    20,110
    15
    38
    Suppressors do not fall under the must notify batfe rule.

    Self defense is self defense. A good shoot is a good shoot whether you use a slingshot or a howitzer doesnt matter.

    Some states like wisconsin it is legal to ccw and oc but it is not legal to ccw with a nfa item. While i own several nfa items they are locked in the safe because it is against federal regulation to leave them unsecured.

    If i had a suppressor on my hd rifle someone breaks in while im asleep it can be construed i had left my nfa item unsecured while i was sleeping.

    Another point if you have an nfa item the only people who may possess it are you and anyone you name on your trust that is able to legally own a firearm. Using an nfa item as a primary home defense tool is not wise as it opens too many doors for an unscrupulous da of which every state has too many.

    You can do what you want but i dont leave my nfa items out nor will i use one for sd unless i just happen to have it at hand when something happens. Even in wisconsin where we have very strong sd laws nfa just opens too many avenues for prosecution
     
  20. Winchester94

    Winchester94 New Member

    840
    1
    0
    Thank you very much for actually reading my question and for your very clear response.
    I don't plan on actually using any NFA item for home defense or self defense, as I don't own one nor have I even seen one in person. Though I think owning some of these guns would be awesome, I'll probably never own one.
    Thanks again. :)

    Sent from my VS840 4G using Firearms Talk mobile app