RetiredUSNChief
Member
A bit of actual legal interpretation here:
What time frame does the term "upon request" mean? I ran across this in another forum and it made me think a bit.
Specifically, this question is with regards to the wording on ATF Form 4 which states:
"Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request."
The claim by one particular posting is that there is no requirement to carry the papers, or copies of the papers, with you, nor is there a stated requirement to produce proof of registration "immediately" or "at the time of". This person did not address a specific time frame, only that there was no requirement to actually carry the Form 4 (or copies) with the registered device or that they had to be presented "immediately". Only that the person be able to provide that information to any ATF officer if requested.
Looking into this, "upon request" can have several meanings, with the clearest being in a specific statement defining the time frame. For example, "information will be provided within 30 days upon request".
SC statute with respect to concealed carry permits states:
SC 23-31-215:
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:
(1) identifies himself as a law enforcement officer; and
(2) requests identification or a driver's license from a permit holder.
Here, SC has made it explicit that the permit MUST be carried on one's person whenever carrying a concealed weapon AND that it be provided whenever an officer meets the terms specified.
Lawinsider dot com has this to say:
Available upon request means a response is due within seven (7) business days.
I looked through the Form 4 and did not find any verbiage which said that the form must accompany any registered device/firearm. There is no requirement that the form accompany the device/firearm across state lines, though it MAY be required to request permission from the ATF (via Form 5320.20).
Certainly, I can see the convenience of carrying a copy of the Form 4 with the device/firearm. But my question isn't about "convenience", it's about legal "definitions" and "requirements".
What time frame does the term "upon request" mean? I ran across this in another forum and it made me think a bit.
Specifically, this question is with regards to the wording on ATF Form 4 which states:
"Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request."
The claim by one particular posting is that there is no requirement to carry the papers, or copies of the papers, with you, nor is there a stated requirement to produce proof of registration "immediately" or "at the time of". This person did not address a specific time frame, only that there was no requirement to actually carry the Form 4 (or copies) with the registered device or that they had to be presented "immediately". Only that the person be able to provide that information to any ATF officer if requested.
Looking into this, "upon request" can have several meanings, with the clearest being in a specific statement defining the time frame. For example, "information will be provided within 30 days upon request".
SC statute with respect to concealed carry permits states:
SC 23-31-215:
(K) A permit holder must have his permit identification card in his possession whenever he carries a concealable weapon. When carrying a concealable weapon pursuant to Article 4, Chapter 31, Title 23, a permit holder must inform a law enforcement officer of the fact that he is a permit holder and present the permit identification card when an officer:
(1) identifies himself as a law enforcement officer; and
(2) requests identification or a driver's license from a permit holder.
Here, SC has made it explicit that the permit MUST be carried on one's person whenever carrying a concealed weapon AND that it be provided whenever an officer meets the terms specified.
Lawinsider dot com has this to say:
Available upon request means a response is due within seven (7) business days.
I looked through the Form 4 and did not find any verbiage which said that the form must accompany any registered device/firearm. There is no requirement that the form accompany the device/firearm across state lines, though it MAY be required to request permission from the ATF (via Form 5320.20).
Certainly, I can see the convenience of carrying a copy of the Form 4 with the device/firearm. But my question isn't about "convenience", it's about legal "definitions" and "requirements".