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It has been claimed here several times that possession of a title 2 weapon is prima facia evidence (self-evident from the facts) that a person is doing something illegal. There must be some law, regulation or court ruling that says this is so. So where is it? Anyone have a link? Fiddletown, you should have a link to provide us to back up your claims.
I have read enough of the NFA law to know that it says a person must obtain authorization from the ATF before possessing a title 2 weapon. I do not think this is why mere possession is evidence of a crime.
Has the ATF ever denied authorization to transfer or make a title 2 weapon when the person properly submitted the forms? As far as I know, they can not or will not deny authorization to anyone who is not a prohibited person. If authorization is a very routine matter, then why would mere possession be evidence of a crime? It really does not make any sense to me.
Texas is the only state I know of that has a law stating certain title 2 weapons are illegal, but that registration is an affirmative defense to prosecution. I know that several other states require registration in accordance with federal law to be legal.
I always have a copy of my ATF form 1's when traveling with my title 2 weapons or using them at a range. Private ranges are completely within their rights to deny range use to anyone. It also helps educate the TSA when they object to someone traveling with title 2 weapons for some reason.
Ranb
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