Question for a friend regarding showing proof of stamp

[coppery]

DO you have to show that you have a tax stamp to ANY and ALL Law Enforcement agencies, or just Federal?

[Kramer]

Technically, only federal, BUT in many states like P.A. NFA firearms are illegal unless NFA registered.

So it would be wise to show any or all Law Enforcement Officers to save you from being detained/arrested and NFA confiscated until they can verify registration with the ATF.

[Solaran_X]

DO you have to show that you have a tax stamp to ANY and ALL Law Enforcement agencies, or just Federal?

Form 1s and Form 4s are legally considered tax documents, and have protections as such. Furthermore, in the actual document itself it says only that is has to be shown to ATF agents upon request - nothing about any other agencies. So I would say that if anyone asks to see the Forms, your friend should ask to see their ATF credentials. Or he can clearly state to the individual that he is under no legal obligation to show the document to that individual, in as courteous a manner as possible.

I've actually had bunny cops ask me for my Form 1 when I had my 10.3" AR at the game lands. But they don't bat an eye at the 13" SCAR 17S, probably because its hard to judge the length of the barrel at a glance since much of it is concealed inside the upper receiver.

IANAL

[Xringshooter]

Here is what the BATFE says:

Does the possessor of an NFA firearm have to show proof of registration?

Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.

[26 U.S.C. 5841(e); 27 CFR 478.101]


Also, directly from the Form 4: "Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request." It says nothing about any other LEO.

That said, I since always carry a copy of my approved application (anyone who has a NFA item should carry it with them in some manner). I would probably show it to a LEO if they asked, depending on how they asked. If they were belligerent or snotty (for lack of a better word) I'd calmly explain that they have no "right" to see it unless they are an ATF agent but "I'll show it to you if you just calm down and act like a normal person"

[bamboomaster]

Here is what the BATFE says:

Does the possessor of an NFA firearm have to show proof of registration?

Yes. The approved application received from ATF serves as evidence of registration of the NFA firearm. This document must be made available upon request of any ATF officer. It is suggested that a photocopy of the approved application be carried by the possessor when the weapon is being transported.

[26 U.S.C. 5841(e); 27 CFR 478.101]


Also, directly from the Form 4: "Proof of Registration: A person possessing a firearm registered as required by the NFA shall retain proof of registration which shall be made available to any ATF officer upon request." It says nothing about any other LEO.

That said, I since always carry a copy of my approved application (anyone who has a NFA item should carry it with them in some manner). I would probably show it to a LEO if they asked, depending on how they asked. If they were belligerent or snotty (for lack of a better word) I'd calmly explain that they have no "right" to see it unless they are an ATF agent but "I'll show it to you if you just calm down and act like a normal person"

Ummm, no complaints here...