suppressor documents
- Thread starter musky01
- Start date
That's not true. For whatever reason, if anyone in the law enforcement community finds you have a suppressor and you can't prove at the time it's found that it's legal, off to jail you go.
spotstalkshoot
Well-known member
only if you are be investigated for some other issue, as just the visual(observation) of possession of a suppressor is not a local law enforcement issue. It is a federal tax enforcement issue, something local enforcement has no jurisdiction over.
crapshoot
Well-known member
Care to share the statute?
I don't know whether or not local LEO has jurisdiction but I'd imagine they could likely detain you and call in proper authorities if the suspected something wasn't right. For me, why make it more difficult for yourself or local LEO they get hassled enough as it is. Keep the proper information either on your phone or a paper copy and in the rare event you're asked for it it's easy to show. If you're not doing anything wrong or illegal make it easy for both of you and carry on with your day.
yea that’s what was told To me by a shop where I got the suppressor. They said it’s a federal tax document and doesn’t pertain to local law enforcement. They don’t have the authority to check the document.
With that said I have my stamps on my phone so I have them. But I was just passing on what I was told.
As a retired law enforcement officer for 46 years, the advice is always have documentation of some sort with you. Over the years, I've put numerous people in jail for short barrel rifles & shotguns. Of course it really didn't help some of them when it was found they were also a convicted felon.
BangPop
Active member
From the ATF web site..........
Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.
[26 U.S.C. 5841(e); 27 CFR 479.101]
The ATF is a branch of the Justice Department, and as such, the Attorney General, or his/her designee, (ATF agents) have the LEGAL right to demand the production of the tax stamp. It doesn't say the game warden, local police, sherifs deputy or anyone else. Yes, they may be a hard ass and detain me in an attempt to exhibit their authority but they do so at the risk of having to defend themselves against an illegal detainment suit. You do not give up your 4th Amendment rights when you own a suppressor.
Does the possessor of an NFA firearm have to show proof of registration?
Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.
[26 U.S.C. 5841(e); 27 CFR 479.101]
The ATF is a branch of the Justice Department, and as such, the Attorney General, or his/her designee, (ATF agents) have the LEGAL right to demand the production of the tax stamp. It doesn't say the game warden, local police, sherifs deputy or anyone else. Yes, they may be a hard ass and detain me in an attempt to exhibit their authority but they do so at the risk of having to defend themselves against an illegal detainment suit. You do not give up your 4th Amendment rights when you own a suppressor.
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spotstalkshoot
Well-known member
If you have some odd worry about law enforcement reaction to your suppressor, use a copy machine to make a 20% of original size print, laminate it for carry. A hollow AR handle also makes a good storage. Leave the stamp at home, secure storage.
That's where I keep a copy of mine. Plus the pic on the phone.
spotstalkshoot
Well-known member
I wonder when the 100,000 Biden left in Afghanistan will start making their way here.
Bowhntr6pt
Well-known member
Not correct.
Depends on state law.
Some states suppressors and SBR's are "illegal" BUT the same law carves out an exception for those items that are "properly registered".
EXAMPLE OF FLORIDA LAW
790.221 Possession of short-barreled rifle, short-barreled shotgun, or machine gun; penalty.—
(1) It is unlawful for any person to own or to have in his or her care, custody, possession, or control any short-barreled rifle, short-barreled shotgun, or machine gun which is, or may readily be made, operable; but this section shall not apply to antique firearms.
(2) A person who violates this section commits a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
(3) Firearms in violation hereof which are lawfully owned and possessed under provisions of federal law are excepted.
Because these items are illegal per se, when encountered with them, LE can most certainly require you to demonstrate you meet the exception contained in subsection (3).
Suppressors are not mentioned in FL law so merely having one does not constitute Florida LEO's having the right to demand to see your Form 4 or Form 1.