Who can ask for your proof of suppressor ownership?

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thinhorn_AK

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Can any law enforcement agent ask for proof? Game warden, sheriff, highway patrol, meter maid? @mtwarden
I don’t know. I recently had a conversation with an Alaska state trooper where he swore up and down that silencers were illegal. Seems like lots of LEOs don’t even really understand the law.

I asked a federal game warden and he said he technically could check but he wouldn’t unless there was some other shady business afoot.

Seems about as clear as mud. For that reason I keep copies of my papers in my gun case behind the foam and photos on my phone. As well as the stamps emailed to several different accounts so I could access them if asked.

I’ve traveled with silencers 5-6 times and never had TSA say a single thing. My. Biggest TSA hold up was when a box of 10mm bullets somehow opened in my case, they took awhile to put them all back.
 

sndmn11

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I believe only Federal personnel could pursue potential Federal violations.

One can ask for anything; you can always tell them no and see where it leads.
 

Duh

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The clear answer is, it depends haha. Depending on your state law, most of the time the fuzz can definitely ask for you to show it (depending on how your state law is written). If you don’t produce it, they can technically seize it and possibly charge you. I’m not saying they will charge you because of discretion and the situation but it can happen. This is the weird part because we always hear the burdens on the govt/state to prove your guilty. In some cases, the burdens on you to prove you have the tax stamp, which would technically prove your innocents. The state also can request the ATF to check your stamp status but here’s the funny part, the ATF can’t tell another officer if you have the stamp because it’s “tax info.” So if you have the stamp, I’d show it to avoid a possible rodeo, depending on the state and temperament of the agency you’re dealing with.

Now we come to da FEDs, with regards to them having the jurisdiction. When it comes to checking stamps/NFA, the burdens on the government. Any federal agency will request the ATF to verify the stamp/serial number of the item in question. Now the ATF still can’t tell the officer/agent if said individual has a stamp because it’s “tax info.” Instead, in a lot of cases, there will be a weird middle man go ahead from the AUSA/prosecutor to the investigator that basically says go ahead and submit the case for prosecution or not. So any federal agent/officer can always ask for you to show it. Never hurts to ask and have a consensual encounter. However, the feds can also seize the NFA item if a proof is not shown. Then the rodeo starts and your info will be forwarded to the ATF for verification of the stamp and validity of prosecution. Now I’ve also asked multiple sources in the know, if there’s an additional charge for not showing the stamp and so far there is not. Not producing just has the potential to make your life a little inconvenience or lose your can. Thinking of it now, maybe I’ll try to go get my banish 30 seized by some agency because it’s a being a pile of shit lately.

I agree with an above post of most cops not bothering to check unless there’s some other shady stuff to go with it. But theres always some other cops/agents that like to be a real hardass.

I’m not telling anyone to bow down and submit to the authorities but it also makes it so much easier to just show it. Now if you show it and they still seize it or arrest you, I’d say you should shut your mouth and let a lawyer make some money for you haha.
 
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I recently had a conversation with an Alaska state trooper where he swore up and down that silencers were illegal. Seems like lots of LEOs don’t even really understand the law.
That's pretty common for LEOs on a lot of issues. If it's during a traffic stop or some situation like that, good luck convincing them that you have rights. You can file a complaint or something afterwards but it won't go anywhere.

For the OP, it depends on a state-by-state basis I think. ATF can always ask for it, LEOs can sometimes ask for it depending on the state. Even in the states where they can't, they'll just make your life hell for awhile until someone tells them to stop. And then they'll get away with it. So for really any law enforcement it's unfortunately just easier to show them the stamp. I keep electronic copies on my phone for that purpose.

Hell, occasionally at a range a range officer will ask to see your stamp here on the east coast. Once again they have no authority and are absolute goons for doing it, but it's private property. So you can show it or leave in that situation. I've had to show my tax stamp to an RO twice I think.
 

Fireflyfishing

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I live in a free state and don’t worry about such matters.
In all honesty, it’s a federal matter and I wouldn’t show it to LE unless they were a federal LEO/agent. But, that’s where I live. For those of you living in states with additional laws on top of the federal laws…you probably want to comply with state/local LE as well.
 
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Others have nailed it, anyone can ask for anything. Lawfully it’s pretty much just the feds that have the right but good luck with that. Here in WA I’m keeping copies of my stamps to show sworn law enforcement when I have no other option. Everyone else can pound sand and I’ll move along from the situation quietly. In my experience most folks could care less and if they do care they mostly curious not nosy.
 

deadwolf

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I’m happy to show it to any LEO that asks, no skin off my back.

I carry a reduced size laminated copy of my tax stamp (about postcard size) with me anytime it comes out of the safe. Also keep a picture of it on my phone if by some chance I forgot to bring it.


Sent from my iPhone using Tapatalk
 
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Ucsdryder

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I’m happy to show it to any LEO that asks, no skin off my back.

I carry a reduced size laminated copy of my tax stamp (about postcard size) with me anytime it comes out of the safe. Also keep a picture of it on my phone if by some chance I forgot to bring it.


Sent from my iPhone using Tapatalk
Yeah it’s just not worth the hassle to refuse to show it. Especially with my 12 year old daughter in tow.
 
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Ucsdryder

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So they aren’t legally allowed to demand to see it, yet you will do so because it’s easier?

And this is a good example for your daughter?
Absolutely.

Option 1…. Tell the warden to GFY and deal with that for the next number of minutes / hours while my brand new hunter daughter watches a very uncomfortable situation and gets turned off to the whole deal. Then have the warden do everything he can to be a dick for the rest of the day. The outcome would guaranteed be my daughter wanting to go home.

Option 2… show him the picture of the stamp on my phone and 30 seconds later be on my merry way.

I’m surprised anybody would take option 1. It would be a very selfish, short sighted decision based on emotion and the need to stick it to the man. My first question to anybody that chooses option 1 “do you have kids?” I would venture to bet most people without kids would take option 1 and most people with young kids would take option 2. Or at least I would hope they would.
 
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So they aren’t legally allowed to demand to see it, yet you will do so because it’s easier?

And this is a good example for your daughter?
I think a lot of us would be more down for the fight if there were real mechanisms by which we could actually win or the LEO could be held accountable. There are symbolic ones like filing complaints that no one cares about but otherwise it seems like a rigged game.

Sure, if they somehow get violent with you maybe you could win a lawsuit (that the city would pay, not the LEO or police department). But a mechanism by which the officer is held accountable and actually punished? There aren't a lot of paths forward. That doesn't go for every single department in the US but I'm jaded enough now I believe it'd be true for the vast majority.
 
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So I was told by guys at Mile high shooting. They said only ATF agent and IRS agents can demand to see proof.

He said game wardens and other LEOs can’t demand it. Dont have to show them.


If asked I would show my proof. But this is just what I was told.
 

Formidilosus

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Absolutely.

Option 1…. Tell the warden to GFY and deal with that for the next number of minutes / hours while my brand new hunter daughter watches a very uncomfortable situation and gets turned off to the whole deal. Then have the warden do everything he can to be a dick for the rest of the day. The outcome would guaranteed be my daughter wanting to go home.

Option 2… show him the picture of the stamp on my phone and 30 seconds later be on my merry way.

I’m surprised anybody would take option 1. It would be a very selfish, short sighted decision based on emotion and the need to stick it to the man. My first question to anybody that chooses option 1 “do you have kids?” I would venture to bet most people without kids would take option 1 and most people with young kids would take option 2. Or at least I would hope they would.


So you are more concerned with ease and the comfort of your child, then teaching her that rights are not something you give up for convenience?

It’s interesting to me because your view is probably the most common among the population, who are the most vocal about doing the hard right, over the easy wrong. Yet nearly every time it is “their” hard right, they justify the easy wrong.
 

Formidilosus

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I think a lot of us would be more down for the fight if there were real mechanisms by which we could actually win or the LEO could be held accountable. There are symbolic ones like filing complaints that no one cares about but otherwise it seems like a rigged game.

Sure, if they somehow get violent with you maybe you could win a lawsuit (that the city would pay, not the LEO or police department). But a mechanism by which the officer is held accountable and actually punished? There aren't a lot of paths forward. That doesn't go for every single department in the US but I'm jaded enough now I believe it'd be true for the vast majority.


It isn’t a “fight”. It’s a simple- “do you have a warrant?” “No?, then no sir/maam, I will not show you my stamp”.

That’s it.
 
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Ucsdryder

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So you are more concerned with ease and the comfort of your child, then teaching her that rights are not something you give up for convenience?

It’s interesting to me because your view is probably the most common among the population, who are the most vocal about doing the hard right, over the easy wrong. Yet nearly every time it is “their” hard right, they justify the easy wrong.

Many things in life I do to protect my kids.

Do you have kids?
 

Formidilosus

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Many things in life I do to protect my kids.

Ok. How do you protect them when they leave your house then?

Again, interestingly the “group” that bemoans the most over “safe spaces”, “participation trophy’s”, “triggers”, etc.- are also the very same ones that do everything they can to shield them from any/all discomfort and any chance to learn to deal with adversity; yet are also generally the first to yell at clouds about how no one does the right thing.


Do you have kids?

This is a fallacy. What’s right or moral, does not change due to fear or convenience. I do not allows warranties searches- whether of my house, vehicle, or “suppressor”.
 
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