Suppressor possession question

[Ruark]

Got a question: I was talking with a guy who sold suppressors (I don't have one yet). He was saying that you MUST have your stamp, or a copy of it, with you ANY time you are in possession of the suppressor: at home, in the car, in the field, wherever.

He also said, if I recall correctly, that only the owner of the stamp can be legally in possession of the suppressor. So, say, if your wife or friend is driving your car and the suppressor is in it and they get stopped, they could get in bad juju. Or letting your buddy borrow it and take it to the rifle range or hunting. No can do. Same goes for, say, taking it over to somebody's house and leaving it.

This was the first I've heard of this, but I guess both make sense legally. Can any suppressor veterans out there confirm and/or comment?

[kingranch]

I think u have to be listed on the trust somehow unless they are with u

[meltingfeather]

All of that is true if you register it (buy the stamp) as an individual.
If you create a trust and register the NFA item in the name of the trust, then you can allow anyone you want (who would qualify on their own to legally posses it) to legally posses it through paperwork (making them a trustee).

[Ruark]

Right, I understand that about the trust, I was talking about the stamp approach. Sorry I didn't mention that.

[sir shovelhands]

Right, I understand that about the trust, I was talking about the stamp approach. Sorry I didn't mention that.

The owner must be in possession of the suppressor. You can't lend it to a friend for a hunt, or stash it at your friends house. If you want to let your friend shoot it at the range with you there, that's fine. Otherwise, not.

Technically, you only need to keep a copy for inspection by the ATF, per this

https://www.atf.gov/firearms/qa/does...f-registration

I don't know the local/state ordinances, but I just keep copies of my stamps on my phone, it makes it a lot easier than toting paper copies around.

[duckmanep]

You would need proof that it is legal, so copy of the stamp and approved Form 4 showing the transforee would be great to keep with the item at all times. If the transferee is an individual, a DL or ID proving you are the person named. If the transferee is a trust, a copy of the trust showing the individuals named on the trust and each one having some type of picture ID.

From my experience, very few LEO's have experience or training on what paperwork goes with one and how to know if it's legal.

[Twist]

Right, I understand that about the trust, I was talking about the stamp approach. Sorry I didn't mention that.

If the stamp for the suppressor was granted to a trust then the person in possession of the suppressor is supposed to possess a copy of the approved form and also a copy of the trust showing that they’re allowed to be in possession of the suppressor.

I keep multiple printed copies in my rifle bags that carry my SBRs and suppressors to try and lessen confusion. I also have scans of the originals saved to Drop Box just in case. No idea if that would help but it can’t hurt.

[hoythitman]

Suppressor possession question

If you purchase as an individual, you have to be in control of the device and no one else can be. A loose guideline in one of the ATF papers, said if you were in eyesight of someone using it you’re OK. So you can take it away from you anywhere else, the only way to do that is to have a trust, you can add people to your trust, and remove people from your trust, it’s best to only put people on there that are going to stay on it, because you have to file paperwork to remove them. With or without a trust, you must always have a copy of your tax stamp on you. I made about 15 copies, a few a wallet size, and laminated all of them. I just leave them in my truck. My different range bags. In the chassis if my main rifle. My wallet etc.... it does not have to be the original tax stamp, just a legible copy.


Sent from my iPhone using Tapatalk

[SC-Texas]

1. You do not have to have a copy of the trust with you. In fact I tell all of my Texas gun trust clients that they should never carry a copy of the trust with them.


2. You should carry a copy of the form for. Specifically the front page of the form for the list the name of the truss and the stamp. The original should stay in your gun safe and never go out.


3. The only people that can be in possession of the silencer are trustees on the trust unless you do it as an individual. If you do it is an individual than that individual named on the form for sale only person that can be in possession of the silencer.

4. Other people may use the silencer as long as you maintain control of it. What exactly maintaining control and possession of the silencer is, is not legally defined.

Sent from my SM-N920V using Tapatalk

[SC-Texas]

If the stamp for the suppressor was granted to a trust then the person in possession of the suppressor is supposed to possess a copy of the approved form and also a copy of the trust showing that they’re allowed to be in possession of the suppressor.

You are absolutely incorrect regarding the trust. The only document that a trustee should have with him when he is out with the suppressor is a copy of the form for. Specifically the first page with the stamp on it



Sent from my SM-N920V using Tapatalk

[gatorgrizz27]

OP, you are correct, as is SC-Texas (obviously).

I’ve shot friends suppressors while they were present, but would never transport or hold one for them.

To my knowledge, it is legal to leave with someone else in a locked case that they do not have a key to. Thinking something like a small sentry safe left at your parent’s house if you’re deployed MIL and don’t keep a residence, only you can have the key.

One concern I have is if it is filed as an individual, stored in my home safe, and my wife knows the combination, she could be considered illegally “in possession” of it any time she is home and I am not. Is this the case, or is there some presumption since it is my house and my safe?

[Redlegwar]

All of that is true if you register it (buy the stamp) as an individual.
If you create a trust and register the NFA item in the name of the trust, then you can allow anyone you want (who would qualify on their own to legally posses it) to legally posses it through paperwork (making them a trustee).

Well said. I went through this process a few weeks back. I asked the question for the GS and they gave me the contact info for Attorney James Willi out of ATX. 512.288.3200
He explained everything in great detail and got my NFA Trust setup.

Went to Rifle Gear in Plano bout a Truefire Socom Gen2 Suppressor now i just have to wait 7-8 months...

Good luck.

[TCB]

I have pictures of both stamps and sent myself an email that I archived in my emails on the cloud.

[Artos]

Sean,

Have you ever run across anyone having problems with a certified copy of Form?? By that I mean my stamp was never received for my M16 & had to get a certified Copy for verification. The original has an initial embossed on the lower left instead of the stamp, but when you go to make a copy it looks to be a plain ole Form. Other than the initial...the embossment doesn't show.

Thanks...

[bearintex]

Sean,

Have you ever run across anyone having problems with a certified copy of Form?? By that I mean my stamp was never received for my M16 & had to get a certified Copy for verification. The original has an initial embossed on the lower left instead of the stamp, but when you go to make a copy it looks to be a plain ole Form. Other than the initial...the embossment doesn't show.

Thanks...

I don’t see how that would be any different than an efile approved stamp. You don’t get the actual stamp, just an electronic version to be printed.