Does the FOPA act...

[Texasgrillchef]

Providing you have received approval for travel by the ATF with a NFA SBR/SBS on the proper form. Does the FOPA act allow you to transport your NFA weapon through a state that a SBR/SBS is banned? (obviously following all the requirements of FOPA, unloaded, in trunk, locked up in a case, no stops other then for fuel, including that the SBR/SBS is legal in your home state and legal in your destination state, etc)

 

[748]

The really dumb states don't follow FOPA.
I would fly or mail them to my self or use and transport them in non NFA configuration.
If I wanted to take my sawed off shot gun to Virginia from new mexico just do the paper work and go. I don't have to drive through any states with retarded gun laws.
But if I wanted to go to Maine, nope, I have to drive through burned out liberal utopias like NY, MA, CT.
I would take the shotgun in joe biden approved configuration and mail the 14 inch barrel to my self.

 

[aarondhgraham]

It's supposed to protect you,,,
But in many east coast states their cops/DA's/Judges just ignore it's existence..

You must then fight them to get out of jail.

Aarond

.

 

[Texasgrillchef]

The really dumb states don't follow FOPA.
I would fly or mail them to my self or use and transport them in non NFA configuration.
If I wanted to take my sawed off shot gun to Virginia from new mexico just do the paper work and go. I don't have to drive through any states with retarded gun laws.
But if I wanted to go to Maine, nope, I have to drive through burned out liberal utopias like NY, MA, CT.
I would take the shotgun in joe biden approved configuration and mail the 14 inch barrel to my self.

So theoretically it “is” suppose to protect you even with NFA items, however the states that one might go through don’t play by the rules.

Anyone ever called the feds for protection since they are breaking federal law?

 

[748]

So theoretically it “is” suppose to protect you even with NFA items, however the states that one might go through don’t play by the rules.

Anyone ever called the feds for protection since they are breaking federal law?

As Far as I'm aware, no.
These states can't seem to grasp the concept that if you registered these weapons and paid the tax, your probability no a criminal.
It's a wash too because they don't appear to attempt to stop shipping of legal NFA through their state by FedEx, ups, manufacturers and/or dealers.

 

[CapnMac]

Does the FOPA act allow you to transport your NFA weapon through a state that a SBR/SBS is banned?

By the letter of the law, yes.
As an absolute guarantee in actual fact, no.

There are no guarantees under the law, as the law is enacted, enforced, and prosecuted by humans, and humans are flawed.

 

[Texasgrillchef]

As Far as I'm aware, no.
These states can't seem to grasp the concept that if you registered these weapons and paid the tax, your probability no a criminal.
It's a wash too because they don't appear to attempt to stop shipping of legal NFA through their state by FedEx, ups, manufacturers and/or dealers.

Oh i could see the SHTF if one of them started messing with FeDEx and UPS on shipping NFA items. I could see the feds stepping in then for sure!

 

[748]

They can't steel it from a dealer/ manufacturer but they get away with stealing them from individuals.

Now that you mentioned it I don't think the anti states have lifted one off a corporation and I dont know for sure if an anti state has lifted one from an NFA a trust holder.

 

[rdnktrkr]

If you disassemble it, would it still be a problem?

 

[dogtown tom]

If you disassemble it, would it still be a problem?

Disassembly doesn't change anything.
Thats a great example of "constructive possession". A fully assembled SBR remains the same as one that is disassembled and the parts are in close proximity.

If a state prohibits SBR's, but permits Title I rifles, you could assemble your SBR as a Title I rifle. But you cannot have that short barrel with you....if its in the trunk with the rest of the gun you still have constructive possession of an SBR.

 

[Speedo66]

If you disassemble it, would it still be a problem?

The concept is pretty funny, in some guns the "machine gun" may be nothing more than a disconnector piece.

 

[Texasgrillchef]

Disassembly doesn't change anything.
Thats a great example of "constructive possession". A fully assembled SBR remains the same as one that is disassembled and the parts are in close proximity.

If a state prohibits SBR's, but permits Title I rifles, you could assemble your SBR as a Title I rifle. But you cannot have that short barrel with you....if its in the trunk with the rest of the gun you still have constructive possession of an SBR.

In some cases it’s not just the barrel
.
example... I have a mares leg, with the original stock, it’s legally a pistol, with a rifle stock it becomes a SBR. The barrel remains the same length. so if I have the rifle stock nearby, Then it’s the stock that makes constructive possession.

But then this leads into probable cause to search a vehicle for items to create a constructive possession too. Would probable cause exist or not?

if driving through say New York, and assuming I have all my firearms locked Concealed, and stored in my vehicle/trailer legally per FOPA Requirements. Would they have probable cause to search my vehicle or camper trailer if they didn’t visually see anything? Would seeing my LTC cause probable cause? Would checking their computers and it reveals I have LTC’s from multiple states be enough to warrant probable cause?

Any Leo’s retired or not, or lawyers want to chime in on probable cause?