I’ve never been asked, but would likely comply.
On the other hand, should one be forced to show them to satisfy random LE whether local or federal without a warrant? Probable cause implies there is suspicion of a crime. What happened to innocent until proven guilty.
I’m honestly really curious on this.
Note, I am not a lawyer, and I do not practice law in any state. The information in my post is my opinion based upon my years of service as a LE and nothing more. For expert opinion consult with your attorney........... Sorry for the extremely long post below
The possession of an item (weapon or suppressor) fitting the definition of a Weapon of Mass Destruction is itself prima facie evidence. Below are the definition and examples of how prima facie is used in criminal law from Cornell Law School and Law Library - American Law and Legal Information websites. Let's take out all the issues of the Fourth Amendment and for the sake of argument you and the LE both have legal right to be in the location of the encounter. The LE sees you in plain view possessing a Weapon of Mass Destruction as defined in N.C.G.S. 14-288.8. You possessing the item, the LE seeing the item in plain view, and articulating the item is included in the definition of a Weapon of Mass Destruction, is prima facie evidence of a violation of North Carolina law (not federal law). A prima facie case is the establishment of a legally required rebuttable presumption.
Now let's apply this in terms of an NFA encounter. John Smith has purchased a suppressor (which is completely backward in my opinion, why not apply before the purchase like with pistol purchase permits), then applied for, paid the tax, and received proper federal documentation which exempts him from N.C.G.S. 14-288.8. Mr. Smith is at a local public NC Wildlife Range shooting the suppressor, I get a call for service at the range by an anonymous caller saying someone there has an illegal suppressor. I arrive at the range and I witness Mr. Smith possessing and shooting a suppressor. I have the legal right to be at the range as it is a public range. I see Mr. Smith possessing the suppressor in plain view. I can articulate based upon my training and experience the suppressor Mr. Smith is possessing is included in the definition of N.C.G.S. 14-288.8, this is prima facie evidence and unless it is rebutted by Mr. Smith, he can be arrested.
So how does Mr. Smith rebut the evidence, he produces his documentation which shows he is exempt from N.C.G.S. 14-288.8. Now, Mr. Smith does have a choice when he wants to rebut the prima facie evidence with his documents. Mr. Smith can wait and do it in court with his expensive attorney, and then ask the judge to order the law enforcement agency that has held his suppressor in the evidence room for the past year to give it back and to have his arrest record expunged. Or Mr. Smith can rebut at the encounter by showing the LE the documentation and then LE goes about his day elsewhere and Mr. Smith goes about his day at the range enjoying his suppressor. If I have confused anyone, even more, I apologize in advance and will try my best to clarify.
______________________________________________________________________________________________________________
Cornell Law School
https://www.law.cornell.edu/wex/prima_facie
Prima facie - Definition - Latin for "at first sight."
Overview
Prima facie may be used as an adjective meaning "sufficient to establish a fact or raise a presumption unless disproved or rebutted." An example of this would be to use the term "prima facie evidence."
It may also be used as an adverb meaning "on first appearance but subject to further evidence or information." An example of this would be to use the term "prima facie valid."
A prima facie case is the establishment of a legally required rebuttable presumption. A prima facie case is a cause of action or defense that is sufficiently established by a party's evidence to justify a verdict in his or her favor, provided such evidence is not rebutted by the other party.
Application
Various
torts will typically have prima facie cases attached to them. A
plaintiff would typically need to prove that a
defendant has met all the components of a prima facie tort case in order to prove that the defendant committed that tort.
For example, the tort of trespass has a prima facie case with 3 components:
- The defendant had the intent to invade the land
- The defendant invaded the land
- The plaintiff possessed the land and did not consent to the defendant's invasion
If the plaintiff is not able to prove one of the components, then a court will likely find that the tort did not occur.
______________________________________________________________________________________________________________
Law Library - American Law and Legal Information
https://law.jrank.org/pages/9373/Prima-Facie.html
Prima facie - Definition - [Latin, On the first appearance.
] A fact presumed to be true unless it is disproved.
In common parlance the term
prima facie is used to describe the apparent nature of something upon initial observation. In legal practice the term generally is used to describe two things: the presentation of sufficient evidence by a civil claimant to support the legal claim (a prima facie case), or a piece of evidence itself (prima facie evidence).
Prima facie also refers to specific evidence that, if believed, supports a case or an element that needs to be proved in the case. The term
prima facie evidence is used in both civil and
CRIMINAL LAW. For example, if the prosecution in a murder case presents a videotape showing the defendant screaming death threats at the victim, such evidence may be prima facie evidence of intent to kill, an element that must be proved by the prosecution before the defendant may be convicted of murder. On its face, the evidence indicates that the defendant intended to kill the victim.
Statutes may specify that certain evidence is prima facie evidence of a certain fact. For example, a duly authenticated copy of a defendant's criminal record may be considered prima facie evidence of the defendant's prior convictions and may be used against the defendant in court (Colo. Rev. Stat. Ann. § 18-3-412 [West 1996]). A
CIVIL LAW example is a statute that makes a duly certified copy or duplicate of a certificate of authority for a fraternal benefit society to transact business prima facie evidence that the society is legal and legitimate (Colo. Rev. Stat. Ann. § 10-14-603 [West 1996]).
______________________________________________________________________________________________________________