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Started By
Message
Have a question for ya'll on a class 3 weapon
Posted on 2/23/15 at 12:21 pm
Posted on 2/23/15 at 12:21 pm
I'm in the middle of my research on building an SBR with a can in .300 aac. Two things that I have a question about.
My FIL says that with a class 3 the ATF has the right to do a search of you home when ever they choose. Is this correct and would it be for any and all weapons or just the one listed in the trust?
Next is a question for the laws on carrying a class 3 over state lines? How does that work? I live in TN but travel to MS all the time and do a lot of shooting in MS. What would I need to do to take it to MS?
Thank guys!
My FIL says that with a class 3 the ATF has the right to do a search of you home when ever they choose. Is this correct and would it be for any and all weapons or just the one listed in the trust?
Next is a question for the laws on carrying a class 3 over state lines? How does that work? I live in TN but travel to MS all the time and do a lot of shooting in MS. What would I need to do to take it to MS?
Thank guys!
8
Posted on 2/23/15 at 12:24 pm to bbvdd
quote:
My FIL says that with a class 3 the ATF has the right to do a search of you home when ever they choose. Is this correct and would it be for any and all weapons or just the one listed in the trust?
I believe that this is true. That is why my trust' permenant address is my parents address.
quote:
Next is a question for the laws on carrying a class 3 over state lines? How does that work? I live in TN but travel to MS all the time and do a lot of shooting in MS. What would I need to do to take it to MS?
You must notify the ATF on a form (?) before traveling. It does not need to be approved, just submitted. Suppressors are exempt from this, if they are legal in the state you are traveling to. You may send in a form notifying of travels for up to 12 months.
Posted on 2/23/15 at 12:29 pm to Ice Cream Sammich
quote:
You must notify the ATF on a form (?)
5320.20
Posted on 2/23/15 at 12:32 pm to civiltiger07
Thanks.
When setting up the trust, would it be ok for the weapon to be kept in another state? Or if I set up a trust in MS but obtained the class 3 license in another state would that be ok?
When setting up the trust, would it be ok for the weapon to be kept in another state? Or if I set up a trust in MS but obtained the class 3 license in another state would that be ok?
Posted on 2/23/15 at 12:36 pm to bbvdd
Well, it all depends on someone who may or may not be very educated saying that you are storing the weapon temporarily or permanently.
ETA: If I read that right, not sure that i did.
ETA: If I read that right, not sure that i did.
This post was edited on 2/23/15 at 12:37 pm
Posted on 2/23/15 at 12:53 pm to bbvdd
quote:
My FIL says that with a class 3 the ATF has the right to do a search of you home when ever they choose. Is this correct and would it be for any and all weapons or just the one listed in the trust?
This fricking Gov.
Posted on 2/23/15 at 12:54 pm to Ice Cream Sammich
quote:
ETA: If I read that right, not sure that i did
I don't know that I asked it correctly but I see what you're saying.
Thanks again.
Posted on 2/23/15 at 12:59 pm to bbvdd
quote:
My FIL says that with a class 3 the ATF has the right to do a search of you home when ever they choose.
Posted on 2/23/15 at 1:03 pm to tiddlesmcdiddles
Feds all up in you biz'nas
F that
F that
Posted on 2/23/15 at 1:04 pm to bbvdd
quote:
bbvdd
I would advise you to seek professional help to get the answers to these questions.
I have no doubt the OB has enough knowledge but, for you sake I would consult an attorney.
Posted on 2/23/15 at 1:04 pm to Crawdaddy
do you even 4th Amendment bro?
Posted on 2/23/15 at 1:05 pm to bbvdd
if by "any time they choose" you mean
"anytime they chose with an issued warrant"
then sure.
"anytime they chose with an issued warrant"
then sure.
Posted on 2/23/15 at 1:32 pm to bbvdd
Short answer is no, not exactly.
With NFA they can not search without a warrant. ATF can request registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 USC sec. 5841(e). Depending on who you ask the ATF can request to inspect the weapon but I've never heard of that happening. They should need a warrant to ask a non FFL holder to show them a weapon.
If you have an 01 FFL, yes they can do an inspection on inventory and records once a year without any cause but only during the business hours listed on your FFL. 03 FFL they can inspect your log book but they have to make an appointment and it can be done at the ATF office.
With NFA they can not search without a warrant. ATF can request registration paperwork, that is the Form 1, 2, 3, 4, 5 or whatever else might have been used to register the weapon. See 26 USC sec. 5841(e). Depending on who you ask the ATF can request to inspect the weapon but I've never heard of that happening. They should need a warrant to ask a non FFL holder to show them a weapon.
If you have an 01 FFL, yes they can do an inspection on inventory and records once a year without any cause but only during the business hours listed on your FFL. 03 FFL they can inspect your log book but they have to make an appointment and it can be done at the ATF office.
Posted on 2/23/15 at 1:34 pm to Barf
quote:
Barf
"the process for owning an NFA item does not involve a license, just a tax. Having a license implies that you are subject to some sort of compliance inspections. Paying a tax does not."
Posted on 2/23/15 at 1:43 pm to tiddlesmcdiddles
quote:
do you even 4th Amendment bro?
LDWL&F has not.
Posted on 2/23/15 at 1:44 pm to tiddlesmcdiddles
What is a log book? What does that do?
Posted on 2/23/15 at 1:46 pm to Broke
quote:
log book
That is for FFL dealers. List the firearms they have in their possession.
Posted on 2/23/15 at 1:47 pm to Barf
Perfect. Thanks!
Posted on 2/23/15 at 1:50 pm to Ice Cream Sammich
quote:
LDWL&F has not.
wat
Posted on 2/23/15 at 4:52 pm to bbvdd
1. Your FIL is way wrong.
2. Ask your Dealer these questions. Those answers are part of the reason you pay them.
2. Ask your Dealer these questions. Those answers are part of the reason you pay them.
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