Approved for Silencer: will it show on my background check?


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Retro
December 24, 2006, 12:28 AM
I got the ATF stamp for silencer recently. And I just had a panick attack: if I apply for other jobs in the future, will a mandatory background check reveal that I am in possession of a silencer? Will ATF put that info in my background check? I worry because I may apply for jobs in a non-gun friendly liberal state.

Inputs are appreciated.

Retro

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Manedwolf
December 24, 2006, 12:29 AM
I worry because I may apply for jobs in a non-gun friendly liberal state.

Why would you want to do that? Then you'd lose your silencer if possession was illegal in that sort of state. :confused:

Retro
December 24, 2006, 12:35 AM
I know silencer is allowed in that state. What about the background check?

Rem700SD
December 24, 2006, 02:51 AM
IIRC that's a $200 TAX STAMP. Unless they're doing a thourough search of those specific TAX records, i.e. subpeona or warrant, I don't see a problem.

So unless that's what they are specifically looking for, they won't find it.

Dan

Standing Wolf
December 24, 2006, 04:25 AM
Will ATF put that info in my background check? I worry because I may apply for jobs in a non-gun friendly liberal state.

If you're that concerned about personal information, why are you listing your firearms in a public internet forum?

Deavis
December 24, 2006, 07:17 AM
^^^^ Excellent point.

IF the NFA stamp really is still treated like a tax, then it should be confidential like all other tax information. Unless you are in court or you approve it, I don't see how it would show up. Is your employer really going to start digging for gun records? Plus, just because the state may be anti-gun doesn't mean the company will be.

wdlsguy
December 24, 2006, 11:13 AM
Taxpayer privacy

The transfer paperwork is nominally a tax return; the purpose of the registration, and the National Firearms Registration and Transfer Record (NFRTR or Registry) is keeping track of who owes the tax. Taxpayer privacy laws apply to a transfer form, and ATF may not discuss a pending transfer with anyone but the taxpayer. They sometimes claim that the taxpayer on a tax paid transfer is the transferor (seller), as he is responsible for the tax by law. This also serves to allow ATF to refuse to discuss why a transfer is taking so long with the party who is most interested in that question, the transferee (buyer). However, in another context (releasing information under the Freedom of Information Act) ATF has decided that as to a Form 4, the tax form is a joint return between the transferor and transferee (see 1980 memo re Auto Ordnance Corp. FOIA request on my web page). The transferee should be entitled to the information about the status of the application on the same basis as the transferor. That is not ATF's usual practice, however with pending transfers.

These taxpayer privacy restrictions do not apply to disclosure of the form by other persons whio might have access to it, a local LE chief who provided the certification, for example, and retained a copy of the form. Nor do they apply to a court ordered disclosure by anyone who might have a copy (buyer or seller for example), by subpoena or similar measure.

The NFA law also prohibits the use of Registry information obtained from natural persons (only) for any law enforcement purpose except prosecutions for making a false statement on a transfer form (26 U.S.C. sec. 5848). Other tax laws prohibit the release of transfer information by the Feds, as a tax return, except for certain narrow law enforcement type circumstances. See 26 U.S.C. sec. 6103. The Feds may not legally disclose whether someone has a registered NFA firearm, or not, to any state or local law enforcement agency or personnel.

However, as most NFA weapons are also regulated by the GCA, purchases from a dealer in NFA weapons requires the completion of the standard 4473 yellow form, as well as dealer bound book records, and this source of information is not so similarly restricted. ATF may release this information to local law enforcement for a host of law enforcement purposes. See 18 U.S.C. sec. 923(g)(1)(D).
http://www.cs.cmu.edu/afs/cs/usr/wbardwel/public/nfalist/nfa_faq.txt

Retro
December 24, 2006, 12:07 PM
Thanks for the clarification. I feel gooood now.

And, I got rid of signiture... haha

Damn those liberal states... Now I need money to buy a .50 Cal Semi before they ban it, but $8000 is a lot of money...

rangerruck
December 24, 2006, 10:56 PM
also , call republic arms in houston, ask Art there about what to do .

Retro
December 25, 2006, 01:31 AM
Rangerruck, who is Art from Republic Arms? :confused:

rangerruck
December 25, 2006, 04:55 AM
he is very tuned in to the world of supressors. Knows the paper work, the atf, little things you shoud and should not do , to get one. he also has good relationships with a couple of the bigger supressor makers.

MisterPX
December 25, 2006, 01:44 PM
Tax stamps won't even show on a NICS check. You'd think they'd help, but nooo, my buddys got several stamps, and still gets delayed.:rolleyes:

chas_martel
December 25, 2006, 02:07 PM
Retro,

<sarcasm>
If we just had a few more people like you,
we would not have to worry about being
gun owners. </sarcasm>

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