Reply To: Form 4 Trust vs Individual
- Posts: 162
While I am not about to try challenging that in a court of law, the Federal regulations are quite clear that because the stamp is a TAX DOCUMENT only a federal ATF agent may request the document. Federal supremacy clause and all of that.
They can only arrest you IF you are in unlawful possession. Item 4 says that if it was registered under federal law then you cannot be convicted.
An affirmative defense: An affirmative defense to a criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant’s otherwise unlawful conduct.
In short, it is a law with no teeth. If you don’t show it is registered then they may arrest you, but must immediately drop the case upon proof…..This is what is called an overreach of authority that is not specifically delegated to local and state authorities. A common problem that the ATF agents address all the time. I sat through a brief by ATF agents to State Fish and Game officers (I was helping F&G try silencers and invited local ATF agent to attend) and the topic came up. Next time I get a chance I will ask the agent about Oregon law as I hunt and pass through Oregon often.
With all of that said…..I keep copies on my phone, and physical copies with me when afield just so I don’t have the hassle of “fighting” the uninformed and I recommend that you do the same as insisting on being “right” just may have negative consequences!
- This reply was modified 4 years, 8 months ago by chorizo.