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"silencer" in local trading post !!

Discussion in 'Legal' started by steveracer, Aug 23, 2006.

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  1. steveracer

    steveracer Member

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    On page 13 of the Tidewater Trading Post is a H&K Socom pistol for sale. Not a problem. Good gun.
    Also, in the same ad, is an Advanced Armament Corp. Evolution 45 "silencer".
    It says, "valid driver's licence required".
    I'm going to call him shortly and make sure he knows what kind of trouble he can get in if he transfers this without BATFE approval.
     
  2. the naked prophet

    the naked prophet Member

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    Be sure you don't mention anything about wanting to buy it, or he might have his buddies do a raid at your house... :uhoh:
     
  3. orangelo

    orangelo member

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    Just ask him what form it will transfer on. If he has no idea then run away. If he says form 3 or form 4 then he just forgot to put that info in his ad (honest mistake).
     
  4. thebeastisbest

    thebeastisbest Member

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    So what does it take to in order to get a suppressor? I have been considering one for my P22. I have heard everything from they are illegal everywhere to all you have to do is apply for the permit. I recall watching an episode of guns and ammo where they claimed they were legal in most states. I live in Texas, what's the deal?
     
  5. steveracer

    steveracer Member

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    Legal in many states.

    They are an NFA controlled item, just like a machine gun. One must apply with the BATFE and pay a $200 tax. After approved (months) one can purchase the supressor.
    Paperless transfer is a felony, and lots of jail time ensues.
     
  6. thebeastisbest

    thebeastisbest Member

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    Once you are approved can you just purchased the one you applied for or many. In other words do you have to apply for each suppressor you purchase?
     
  7. BigRobT

    BigRobT Member

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    I'm thinking along the same lines as "the naked prophet".

    I do miss the Tidewater area. Dunno why.:confused:
     
  8. Car Knocker

    Car Knocker Member

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    Yes.
     
  9. Chipperman

    Chipperman Member

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    Maybe the can is fake.
     
  10. farscott

    farscott Member

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    A Form 4 is required for each and every NFA weapon that is being purchased by an individual. Please note that a single weapon may require more than one tax stamp. Example: a full-auto rifle with an eighteen-inch integrally suppressed barrel requires two tax stamps, one for the suppressor and one for the full-auto feature. The tax is $400 in this case. If the barrel was fourteen inches, it would require three tax stamps.

    The process for the Form 4 for an individual (not a corporation) goes something like this:

    1) It is best to wait until your local dealer has the item on a Form 3 before you submit your Form 4. Believe it or not, the paperwork can really get fouled up if there are two transfers pending on the same item. Usually manufacturer to dealer transfers take only a few weeks, but my most recent transfer took four months. Pay your dealer for the item.

    2) The Form 4 is completed in duplicate, and both copies need the CLEO signature. Two passport photos and two fingerprint cards are also part of the application.

    3) The application is submitted to the BATF(E) with the transfer tax. Then the wait begins. Once the Form 4 is approved, the tax stamp comes back on one of the Form 4 copies, and the dealer can transfer the item to you.

    4) Once the item is yours, taking it interstate may require filing another form with the BATFE. This is Form 5320.20, and it is required for a short-barreled shotgun but not for an AOW.
     
  11. orangelo

    orangelo member

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    Nope. A machinegun can have any length barrel. Full-auto trumps everything else. You can't have a Full auto AOW or SBR because it's just a plain machinegun.

    Otherwise alot of MAC owners would be in jail for not having their guns also registered as SBRs.

    So it'd still be 1 tax stamp for it being a MG and another one for the suppressor.
     
  12. Chipperman

    Chipperman Member

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    Not quite. An MP5SD, for example, requires two stamps-- one for the MG and one for the integral suppressor.
     
  13. orangelo

    orangelo member

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    That's what I said. :D The suppressor takes another stamp because it is another device. Even if it's integral. Weird BATFE thinking going on.


    You'd think a 9" barrel with 7" suppressor permanently attached wouldn't also need a SBR stamp, but nooooo... While you can weld a 5" flash hider on a 11" barrel and it'd be perfectly legal. Some laws just don't make sense.
    :eek:
     
  14. ChestyP

    ChestyP Member

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    Then there's Washington, where possession of suppressors is perfectly legal (if possessed IAW federal law), but it's a gross misdemeanor to fire a shot through a suppressor (RCW 9.41.250(3)). A separate offense for each shot!

    (And no exception for cops.)
     
  15. farscott

    farscott Member

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    Really? Is this a recent change? A few years ago, I took a look at a suppressed short-barreled M16-variant that required three tax stamps. I thought the third stamp was for the short barrel. If not, what could require the third tax stamp?
     
  16. AJ Dual

    AJ Dual member

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    If it had a 40mm M203 grenade launcher, that would be a DD Destructive Device tax-stamp. (As would every 40mm grenade separately).

    Or if it had one of those fore-end attachments where you can add a Glock or other pisto as a vertical grip for a pistol caliber option, that pistol counts as a second SBR.

    The underbarrel door-breaching shotguns for M-16's are SBS's on a separate tax stamp too.

    Otherwise, it was a mistake.

    One stamp for MG, one for the suppressor. An "MG is an MG", SBR does not apply. It can have any BBL length.
     
  17. orangelo

    orangelo member

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    Some people register their guns also as SBR if the 'machinegun' is actually a registered sear or lightning link or other removeable device.

    The instant you remove one of those conversion devices from a host gun (to use in a different gun for example), the host gun is no longer a MG. Then if it had a short barreled upper on it, it'd be a semi-auto SBR.

    I think that might be how the M16 you saw got 3 stamps.
     
  18. AJ Dual

    AJ Dual member

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    Good point, that's the one exception I hadn't thought of.
     
  19. farscott

    farscott Member

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    My memory is cloudy, but the registered sear, SBR, and suppressor combo sounds familar. Thanks.
     
  20. cavman

    cavman Member

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    Is the tax yearly or one time?
     
  21. wdlsguy

    wdlsguy Member

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    One time.
     
  22. Bubbles

    Bubbles Member

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    It's a one-time tax paid every time the NFA weapon is transferred to a non-dealer.

    If you're really considering purchasing an NFA weapon, read James Bardwell's FAQ on National Firearms Act Weapons first.

    If you're unfamiliar with the paperwork and procedures required to purchase an NFA weapon, and you have the cash to buy one, there's a recommended list of dealers who can walk you through the process.
     
  23. TX1911fan

    TX1911fan Member

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    Suppressors ("Firearms Silencer") are legal in Texas if registered pursuant to the National Firearms Act. See Texas Penal Code Section 46.06(c). Actually, it is just a defense to prosecution, so you could still be brought up on charges, but then you could plead the defense. I hate when they write laws like that.

    I don't know if we have some other stupid law like Washington that says you can have a suppressor but can't use it.
     
  24. wdlsguy

    wdlsguy Member

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    Correct.

    46.05(c).

    Military and LEOs also depend upon a defense to prosecution. It really isn't an issue as long as you can produce a copy of your Form 4.

    Nope.
     
  25. Sistema1927

    Sistema1927 Member

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    My head hurts.

    If the government was looking for revenue, there are easier, more efficient ways.

    If they are trying to control crime, then they failed.

    So, it must be about CONTROL, and not about the guns.
     
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