supressor paperwork

[alvins]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

[Salty1]

make a copy of it and keep the original in a safe place. keep the copy with you whenever you are taking it out to use. If you cannot prove it is legal it very well could be confiscated and possibly even yourself until you do. Copies are cheap, have one under the foam in a carry box or in your range bags permanantly is quick insurance that you will always have it with you..........

[ske1eter]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

I keep a "mini" copy in my wallet w/ the original kept in the safe.

Congrats, on getting your fun ticket.

[Carry-a-Kimber]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.

[alvins]

almost 6 months exactly. i bought an AAC tirant 45. I shot it today its awesome.I did come across one problem.... that thing gets super hot. I guess I need to find a manly oven mitt or somthing to deal with it while its hot.

[Carry-a-Kimber]

Gloves, I prefer Mechanix or G-Tek

[RSJ]

Just an idea... the Magpul AR15 MIAD grips have a storage spot you can put folded papers in!
I assume "45" is a pistol though..

[texas297]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.

I beg to differ sir. Under Texas Penal Code 46.05(a)(4) a silencer is a prohibitive weapon. I am a pro-gun Texas Peace Officer and if I have probable cause to believe an offense has taken place I can most certainly seize the item. I am not saying I would, just saying I have the LEGAL authority to do so. Officer discretion comes in play here.

[RSJ]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.

I beg to differ sir. Under Texas Penal Code 46.05(a)(4) a silencer is a prohibitive weapon. I am a pro-gun Texas Peace Officer and if I have probable cause to believe an offense has taken place I can most certainly seize the item. I am not saying I would, just saying I have the LEGAL authority to do so. Officer discretion comes in play here.

Not asking this in any hostile manner (thank you for protecting our streets) , but how exactly would a peace officer take the item. Obviously physically taking it, booking it, etc. But is there an official form to transfer it while it is being held? Does the LEO agency actually have a specific "stamp" or acquire one? I am just curious as to the legal status of the item after the original owner "loses" physical possession. I

I know the above question may be more of a technicality, but after seeing some discussion on a SBR/SBS/DD owner's death and how that could affect a family member in the same household, not a unreasonable question.

[scud runner]

If the owner doesn't consent to the taking, is it a transfer? (It's possible to deny consent without resisting.)

[WildBill]

If the owner doesn't consent to the taking, is it a transfer? (It's possible to deny consent without resisting.)

I am not a lawyer or LEO, but how is this different than any other piece of evidence? Just because it may be in his physical possession doesn't mean that he owns it. An LEO could take a machine gun or grenade or kilo of cocaine as evidence without having an FFL, NFA or a prescription.

[scud runner]

I think Carry-a-Kimber was suggesting that allowing them to take possession would be a transfer and getting it back would be a problem, so I asked what happens if the owner doesn't consent. I'm not concerned about the LEO's legal liability because that's not my problem. I'm curious how a legitimate owner could limit his hassles to get his property back.

[WildBill]

I think Carry-a-Kimber was suggesting that allowing them to take possession would be a transfer and getting it back would be a problem, so I asked what happens if the owner doesn't consent. I'm not concerned about the LEO's legal liabiloity because that's his problem. I'm curious how the legitimate owner would limit his hassles to get his property back.

I am not suggesting that there would be a legal transfer either way. Getting property back after being seized as evidence can be difficult regardless whether or not it is an NFA item. In certain cases, the LEO needs consent to search, but not to seize evidence. Telling the LEO that you don't consent to the seizure is going to be ignored, at best. Probably getting a receipt would be a good first step to "limit hassles" getting it back.

[texas297]

I finally got my supressor tax stamp back today. Do i just need to carry around a copy of the form with the stamp on it? I figure some bondhead at some point is going to challenge the legality of it.

What they said. Rememer, NEVER surrender an NFA item to anyone other than a BATFE agent. If an LEO wants to "look" at your suppressor that is okay, but if they want to confiscate it make them call an agent because BATFE is the only agency that can legally take possetion of an NFA item and return it without a major headache. If you "transfer" your item to an LEO there is a chance that you can not legally get it returned to you.
BTW how long did it take? I sent my last set of paperwork in early April and I'm figuring maye November.

I beg to differ sir. Under Texas Penal Code 46.05(a)(4) a silencer is a prohibitive weapon. I am a pro-gun Texas Peace Officer and if I have probable cause to believe an offense has taken place I can most certainly seize the item. I am not saying I would, just saying I have the LEGAL authority to do so. Officer discretion comes in play here.

Not asking this in any hostile manner (thank you for protecting our streets) , but how exactly would a peace officer take the item. Obviously physically taking it, booking it, etc. But is there an official form to transfer it while it is being held? Does the LEO agency actually have a specific "stamp" or acquire one? I am just curious as to the legal status of the item after the original owner "loses" physical possession. I

I know the above question may be more of a technicality, but after seeing some discussion on a SBR/SBS/DD owner's death and how that could affect a family member in the same household, not a unreasonable question.

And I'm certainly not being hostile either. It looks like there is some confusion in terminology.

If I stop a car and Joe Doe gives me consent to search said vehicle and whilst during search I find a silencer(suppressor). I have the legal authority to seize the item as evidence if Mr Doe doesn't have the tax stamp. Again, would I? Probably not, it depends on the whole situation. That is where discretion comes into play. Unless commanded by a judge, there is only two offenses in the State of Texas that I SHALL make an arrest for. And they are related to family violence calls.

Hope this helps a bit.

[texas297]

If the owner doesn't consent to the taking, is it a transfer? (It's possible to deny consent without resisting.)

I am not a lawyer or LEO, but how is this different than any other piece of evidence? Just because it may be in his physical possession doesn't mean that he owns it. An LEO could take a machine gun or grenade or kilo of cocaine as evidence without having an FFL, NFA or a prescription.

You hit the nail on the head Wild Bill. It's not treated different then any other piece of evidence. That's where my authority from the State comes in. I am, basically acting on behalf of the State of Texas.