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Old November 30, 2009, 02:52 PM   #86
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by cptsplashdown
...However, I hope you would agree that there is a very simple way to make people presume that these weapons are legal, simply write it more clearly into law. Why not make it a presumption that NFA weapons are legally in possession of the citizen unless there is reason to believe that they are illegally possessed (other than their mere existence and presence at the range.)...
In theory, the law could be changed as you describe. Write your Congressman. In reality, I think the likelihood of getting federal law changed this way is pretty small, but you have the right to try.

Quote:
Originally Posted by cptsplashdown
...So IMHO, any who do so are in effect taking liberties with their authority....
Yes, I understand that's your humble opinion. But I suspect that LEOs would disagree, and I'm further confident that judges will support the LEOs' view rather than yours.

Quote:
Originally Posted by cptsplashdown
...In any case, if the facts of the situation are that asking for NFA paperwork is beyond the purview of all but BATF or DOJ LEOs, then I would imagine it would make a local cop's life easier to give the citizen the benefit of the doubt, since it is really beyond the scope of his duties to enforce this particular federal law...
I don't necessarily agree that the NFA paperwork is beyond the purview of local LEOs, for the various reasons I and others have described. Among other things, they may enforce federal law. In addition, there are usually state laws relating to possession of Title II weapons.

I'm sure that those of the law enforcement community are grateful for your interest in making their lives easier, but they have their jobs to do. And while it's one thing to give a citizen a break of going 5 mph over the speed limit, I suspect that an LEO and his agency would come under severe community criticism for winking at Title II weapons. (And subjecting a cop to that sort of hassle isn't making his life any easier.)

Quote:
Originally Posted by cptsplashdown
...It really isn't that much different from the "good gun, bad gun" view of the Brady Bill supporters. That is a fine line I don't want to get anywhere near. My NFA firearm is really not that evil, and just because it is an NFA weapon should not draw the attention of the RSO in any undue fashion....
Swell, but none of this changes the legal reality.
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