Reply To: Form 4 Trust vs Individual

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#77300

toonz176
Participant
  • Posts: 21
Join Date: 10/12/2016

Chorizo,

As I understand it, the statement that “ONLY an ATF agent may inspect your stamp/paperwork” is not entirely correct; at least in my state. I live in Oregon and according to ORS (Oregon Revised Statutes):

166.272 Unlawful possession of machine guns, certain short-barreled firearms and firearms silencers. (1) A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.
(2) Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.
(3) A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person’s immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.
(4) It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law.

Therefore, as I understand it, a police officer may arrest you for unlawful possession of an NFA item unless you can prove it was registered under federal law. I suppose you could argue you don’t have to show your paper…but you’d be arrested and charged with a felony in Oregon.

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