The only people you ever need to show your forms to are ATF. Jack.
Ok, what about states where NFA is prohibited with the exception being that they are federally registered? This gives local and state police the authority to demand the form and if you refuse to produce it you will be arrested and detained.
Not saying its right, just saying thats how it will go down. The following concerns Viginia but Tennessee also prohibits machineguns with the affirmative defense clause that it be in compliance with federal law.
These legal mechanisms certainly give local and state police the authority to ask for(demand) proof of federal registration. If you don't show it, you will be cuffed and stuffed until proof of federal registration is brought forth in your defense. Pretty easy to just say "ya here it is" and avoid the shit show that will ensue otherwise. Again, not saying its right but thats what will happen with utmost certainty.
Who can ask to see my tax stamp?
Posted on
January 14, 2015 by
John Pierce
I tell all of my clients to keep a copy of both their approved tax stamps and their
NFA trust on them at all times they are in possession of their NFA items.
But if you follow that advice to its logical conclusion it assumes that you may have to show it to someone at some point.
So … who exactly does have the right to ask to see your approved tax stamp?
Let’s start with the obvious. What about ATF agents?
Well … the
Form 1 and
Form 4 both give us a big clue. On the back of both forms it says “
This approved application is the registrant’s proof of registration and it shall be made available to any ATF officer upon request.”
The authority for this assertion is
26 U.S.C. § 5841(e) which states that you are required to “
retain proof of registration which shall be made available to the [ATF acting in their official capacity] upon request.”
Therefore, any ATF agent has the authority to ask to see your approved tax stamp.
But what about local and state law enforcement officers?
Well … let me start by noting that my practice is limited to Virginia and this advice is intentionally limited to Virginia law. Having said that, under Virginia law, most NFA items are banned but have an exception for items possession in conformity with federal law.
For example, short-barreled rifles and short-barreled shotguns are both generally banned under
§ 18.2-300.
§ 18.2-300. Possession or use of “sawed-off” shotgun or rifle.
A. Possession or use of a “sawed-off” shotgun or “sawed-off” rifle in the perpetration or attempted perpetration of a crime of violence is a Class 2 felony.
B. Possession or use of a “sawed-off” shotgun or “sawed-off” rifle for any other purpose, except as permitted by this article and official use by those persons permitted possession by § 18.2-303, is a Class 4 felony.
And the exception for these items possessed in conformity with federal law is contained in
§ 18.2-303.1.
§ 18.2-303.1. What article does not prohibit.
Nothing contained in this article shall prohibit or interfere with the possession of a “sawed-off” shotgun or “sawed-off” rifle for scientific purposes, the possession of a “sawed-off” shotgun or “sawed-off” rifle possessed in compliance with federal law or the possession of a “sawed-off” shotgun or “sawed-off” rifle not usable as a firing weapon and possessed as a curiosity, ornament, or keepsake.
Therefore, a local or state law enforcement officer would have the right to ask to see the approved tax stamp and failure to provide it would be evidence of a violation of state law.
Is there anyone else? What about range safety officers at a range?
There are certainly numerous anecdotes on the internet about RSOs asking to see the tax stamp for an NFA item that is being fired at a commercial range.
In this case however, the answer is ‘No’. They do not have a legal right to see your tax stamp. But … as a private property actor, what they
do have is the right to ask you to leave if they ask and you refuse.
Related
Which NFA items need to also be registered with Virginia?November 4, 2013In "Machine Guns"
Selling an NFA Item as Executor of an EstateDecember 24, 2018In "ATF"
Beware of fraudulent Form 4'sJuly 5, 2015In "ATF"