Theoretical question

Zbizzle911

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What kind of charges would you and someone get if you let them borrow a suppressor? Now this isn’t something I’d do but someone I know said his buddy was going to let him borrow a can to hunt with.

I would think the lender would face some sort of charge and the recipient would face a wmd possession charge is that correct ?

I told him that was a terrible idea and if he was going to do it anyways he better be quiet about it.


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What's your friend's address? :D
 
Was just asking for a friend of mine, who's theoretically a BATFE agent. ;)
 
Ignorance of The Law is no excuse, boy.
 
Ignorance of The Law is no excuse, boy.

1. I know it’s against the law. That’s why I told him not to do it. I simply wanted to know what you’d be charged with.

2. I’m not a boy I’m a man!


Thanks @BigWaylon that’s what I was looking for


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Last edited:
Thanks @BigWaylon that’s what I was looking for
...and in case you want the source:

Directly from the instructions on the Form 1/4:

9. Penalties. Any person who violates or fails to comply with any of the requirements of the NFA shall, upon conviction, be fined not more than $10,000 or be imprisoned for not more than 10 years, or both. Any firearm involved in a violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for any person to make or cause the making of a false entry on any application or record required by the NFA knowing such entry to be false.

It's also in Chapter 15 of the NFA Handbook...which also references the $250K penalty that's often mentioned:

15.1.1 Criminal. The acts prohibited by the NFA and prosecutable as Federal offenses are listed in 26 U.S.C. 5861(a) through (l). As provided by 26 U.S.C. 5871, any person who commits an offense shall, upon conviction, be sentenced to imprisonment for not more than 10 years or fined. Although the fine specified in the statute is an amount not exceeding $10,000, an amendment to Federal law provides for a fine of not more than $250,000 in the case of an individual or $500,000 in the case of an organization.[224]

[224] 18 U.S.C. 3571(b) and (c)
 
...and in case you want the source:

Directly from the instructions on the Form 1/4:

9. Penalties. Any person who violates or fails to comply with any of the requirements of the NFA shall, upon conviction, be fined not more than $10,000 or be imprisoned for not more than 10 years, or both. Any firearm involved in a violation of the NFA shall be subject to seizure and forfeiture. It is unlawful for any person to make or cause the making of a false entry on any application or record required by the NFA knowing such entry to be false.

It's also in Chapter 15 of the NFA Handbook...which also references the $250K penalty that's often mentioned:

15.1.1 Criminal. The acts prohibited by the NFA and prosecutable as Federal offenses are listed in 26 U.S.C. 5861(a) through (l). As provided by 26 U.S.C. 5871, any person who commits an offense shall, upon conviction, be sentenced to imprisonment for not more than 10 years or fined. Although the fine specified in the statute is an amount not exceeding $10,000, an amendment to Federal law provides for a fine of not more than $250,000 in the case of an individual or $500,000 in the case of an organization.[224]

[224] 18 U.S.C. 3571(b) and (c)


Thanks buddy! PS We need to get together and shoot soon! I need to get back to the Monthly benchrest 22 comp
 
What kind of charges would you and someone get if you let them borrow a suppressor? Now this isn’t something I’d do but someone I know said his buddy was going to let him borrow a can to hunt with.

I would think the lender would face some sort of charge and the recipient would face a wmd possession charge is that correct ?

I told him that was a terrible idea and if he was going to do it anyways he better be quiet about it.

All responses seem to assume that the suppressor is owned by a person, which it probably is, but for the sake of completeness there are ways to skin this cat if it is owned by a trust or business.
 
All responses seem to assume that the suppressor is owned by a person, which it probably is, but for the sake of completeness there are ways to skin this cat if it is owned by a trust or business.

Yeah it was my assumption too. I know that you can add a person to your trust and it’d be fine. Was just wanting the info BW provided above


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@BigWaylon I know that they require folks named in the trust at the time a stamp is applied for to submit fingerprints, have they formalized how to deal with adding folks to a trust after a stamp has been issued.

I hate to ask this question in public because if the answer is “no” someone may send a letter to atf asking for clarification, I trust that everyone reading this understands that nobody ever gets more freedom by asking for clarification.
 
@BigWaylon I know that they require folks named in the trust at the time a stamp is applied for to submit fingerprints, have they formalized how to deal with adding folks to a trust after a stamp has been issued.

I hate to ask this question in public because if the answer is “no” someone may send a letter to atf asking for clarification, I trust that everyone reading this understands that nobody ever gets more freedom by asking for clarification.
Ok...I won't say "no". I'll go with "not really". :p

When 41F went into effect, they published a Q&A that answered your question for the most part. If you add an RP after it's approved, no FPs or photos required. No notification to the ATF. No background check, nothing.

The "for the most part" deals with adding an RP while it's still pending. Their answer from the start was you had to contact the ATF. I've never seen them say anything different, and I've never seen anybody admit they called and asked.

I would say anybody added while it was awaiting approval probably couldn't pick up the item for a Form 4...since they wouldn't be listed in the RP section of the Form (and I'm assuming that page gets sent back, but if not 100% sure, and not home to look at my post-41F forms and verify). If the transferor was willing to release it to a new RP, they'd need to run a NICS or see a CHP.

If the item is being made via a Form 1, nobody would ever know.
 
The answers BW provides, while being correct, illustrates the utter absurdity of our firearm laws... if someone is part of a trust at the time of application, the BATFE requires fingerprints, foto, dna sample... If you add someone lalter, no biggie... just make a note of the name of the person...

If you are caught with a suppressor without a stamp from the king, its 10 years and $250K... but tomorrow, we may pass the hearing protection act.... no biggie, suppress what you want...

It is total BULLFECES.
 
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