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Old November 29, 2009, 09:02 PM   #57
Frank Ettin
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Join Date: November 23, 2005
Location: California - San Francisco
Posts: 9,471
Quote:
Originally Posted by cptsplashdown
...I don't want to live in a police state where a LEO can violate my rights simply because HE doesn't know the law....
It is not a question of the LEO not knowing the law. It is a simple fact that possession of an NFA weapon is illegal, under federal and most state laws, at least unless the federal requirements have been satisfied. If you're standing there in broad daylight, in front of God and everyone, with a SBR in your hand, you are, prima facie, in violation of the law. That is probable cause for your arrest. The fact that you have your valid NFA paperwork back at your house isn't tattooed on your forehead, nor is it apparent from the gun or anything else in plain sight. The LEO doesn't have to assume that you've got the proper documentation, nor does he have to take your unsupported word for it. On the face of things, you're in violation of the law, and that's good enough to support your arrest.

You of course can defend the charge because you do have the paperwork. That is what is called an affirmative defense. Not the LEO, nor anyone else, has to prove that you don't have the paperwork (among other things, one can't prove a negative). You have to affirmatively show that you are legal. That's why it's called an affirmative defense.

Quote:
Originally Posted by cptsplashdown
...I worry about the state of things when so many seem quite happy to "make things easier" on themselves by submitting to a violation of their rights and perhaps the law (again speaking generally,) rather than at least engage the authorities in a discussion of whether what they are doing is "right," if not illegal....
This has nothing to do with just making things easier. It's a matter of how things are in real life.

This has nothing to do with submitting to a violation of your rights. On the face of things you are publicly possessing something that in general is illegal. An LEO has no way of knowing that in your case your possession is legal unless you can show him your documents.

Quote:
Originally Posted by cptsplashdown
...Someone posted earlier that it doesn't matter what YOU think, only what a judge thinks. I've seen some cynical responses, but man... I would submit that what YOU think is exactly what matters....
On the other hand, some of us live in the real world.

Quote:
Originally Posted by cptsplashdown
...It may not get you out of jail, but this is where men need to decide what matters more, spending some time in the clink, or your principles and values....
If you really want to go to jail rather than carry around a copy of your NFA paperwork, be my guest. But if you are arrested for possession of an NFA weapon, you will ultimately have to produce your paperwork to successfully defend the charges against you. If that's your idea of being a "wolf", knock yourself out.
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