NFA item while on active duty

[johnwilliamson062]

Does anyone have experience with this?
Assuming you are living off base, how practical would owning an NFA item be? Specifically a suppressor.
If stationed in California could the item be kept in the base armory?
My impression is you must maintain care custody and control of NFA items, so keeping them with a friend/relative is a no no, correct?

[ScottRiqui]

If you live off-base, there's no problem (assuming that the item would be legal for a civilian to own under state laws, etcetera). There are quite a few guys in my squadron that have suppressors, and I've been stationed with a few that have full-auto weapons.

"Care and custody" doesn't mean you have to keep them with you at all times. Just take reasonable precautions (like a safe) and keep them in your home off-base.

I don't know California laws regarding NFA items, but if you wouldn't be able to own/keep it as a civilian, I don't think your active-duty status is going to buy you anything, even if you were allowed to store it in the base armory.

[johnwilliamson062]

Well, for a period of time, perhaps a year, and possibly for every deployment all of my firearms would be at a friends home in Ohio.

[johnwilliamson062]

double post.

[James K]

Assuming there is no problem with base/command regulations, it seems to me that it would be a PITA for an active duty service member to have a personal NFA firearm (which includes suppressors).

You would have to advise BATFE anytime you change your address (the address where the firearm will be stored) and anytime you take it across a state line you will have to get PRIOR approval from BATFE. You will also have to comply with all state and local laws, which could include registration and a fee. And what do you do if you are ordered into a state that totally bans auto weapons and/or suppressors? AFAIK, there are NO exceptions for the personal NFA items of active duty military; whether you live on or off base, you are not exempt from obeying state or local law.

It seems to me to be an awful lot of trouble for not much reason.

Jim

[johnwilliamson062]

I was generally ruling out a purchase as such, but thought I should check as I am really starting to get an itch for a 22lr suppressor.

If I went to a school or something I wouldn't move the location as think it would only be for a month or at most three(after the first year period). I was just hoping there was an exception where you could store it in base armory like personal weapons. I would guess there are a good number of Marines stationed in Sandiego that own ARs and other firearms not allowed in California. Do they have to sell them if they move from Quantico to San Diego or even Okinawa?

My assumption was it would be an unmanageable pain, but I thought I should check to see if there were some ways to make it reasonable.

[oldcspsarge]

California DOJ is NOT going to issue you a permit to own a suppressor in California.

http://www.ag.ca.gov/firearms/dwcl/12500.php

[johnwilliamson062]

I realize that, but I am wondering if it can be kept in the armory as personal firearms MUST be kept if you are living on base OR if it can be left with a friend in a safe in a state where it is legal to possess such items. I realize I can't keep one at a house off base in California or possess one off base for sure. Do California laws on this issue apply on base? There have to be hundreds of guys who own items not legal in California who are stationed there. What the heck do they do?

[highvel]

Just another reason I am soooo glad I dont live in Califoolia

[johnwilliamson062]

Of the three places Marines are likely to be stationed, San Diego/Oceanside would be last on my list. Unfortunately, I don't think they ask.
I also don't think they offer much in the way of guarantees of not being transferred.

[SpeedLoader]

See if you can get stationed in GA or AL!!! Sooooo much easier to get Class III !!!

[gyvel]

It's a gray area if you get deployed. I believe if you keep it in a safe at a friend's house, that friend absolutely cannot have any access to the weapon.

As always, your best bet is to get WRITTEN clarification from BATF.

[David Hineline]

You can store it where you want as long as you have the only key to the lock. Banks have safe deposit boxes for those people who don't have a trusted place to put it.

My daughter checked her guns into MCAS Yuma armory when she showed up, it was 1.5yrs later before she finally got the paperwork through to check them back out.

When she got to Cherry Point no way they were going back into the armory.

Get ahold of Scott he can fix you up with the silencer.

http://www.cousinos-firearms.com/

[johnwilliamson062]

Scott is a distant relative through marriage
Maybe a cheap little lock box or such that only I have the key to inside a larger safe?

[Hkmp5sd]

1. You will never acquire one while stationed in California. The NFA item must be legal in the state which you are stationed.

2. If you are stationed in a state where they are legal, you can get one and keep it off base. It can be stored virtually anywhere. With a friend/family member, in storage or in a safe deposit box. Even if you are transferred out of that state, you can leave the suppressor stored there with a friend.

3. If you store the suppressor with someone, it must be in a locked container that they do not have access to and you must notify ATF where it is located. A cheap lock box is fine. You will also need to leave them a copy of your Form 4.

[johnwilliamson062]

Well, I am currently living in Ohio where the item is legal.
Are you saying if I was stationed in California it would then be illegal for me to own the item even if it was properly stored in Ohio and I did not move my permanent residency to California?

I will be spending until October in Ohio(maybe January if things persist as they have). Then I will be in Quantico, VA for a year on base, then hopefully another year of schools and down time around the country but my permanent station would hopefully remain Quantico and apartment off base. Then more then likely stationed in one of those three places for 1.5 years. Of course this is my conjecture/hopes and the reality is that come October/January I go where I am told for the foreseeable future.

Sounds like I should just fight the urge for at least 2 years, then see where I am. Maybe I will get lucky and have access to a couple .gov items sometime in between to hold me over or even to convince me they aren't enough fun to justify the tax stamp.

[Hkmp5sd]

If you are moving from a state where NFA items are legal to a state where they are not, you may leave your registered NFA items in the legal state in storage. That includes storage with a friend/relative. The only requirement is ATF must be kept informed of where they are physically stored and how to get into contact with you.

You should write the ATF NFA Branch and get this in writing before purchasing your suppressor.

[MCASgt New River]

<--- Currently I have 4 cans, 3 SBR's, 1 SBS and 1 MG....all while active duty USMC. My wife is a co-trustee on my Trust and can have access to the NFA Items whenever she wants.

Point to all this is she or I can go house hunting or do the paper work and move everything while the other is completing whatever else needs to be done for the move.

Oh yeah, btw...I highly suggest that you set up a Revocable Living Trust to enable more then one person, you, to have possession of your item(s).

Just my .02,
Mike

[johnwilliamson062]

I was thinking about that option and was about to ask about it. If I made my buddy a co-trustee he could hold onto them at any point I couldn't and could use it if he wanted.

[MCASgt New River]

Not sure if you were asking a question or making a statement but regardless the answer is yes. He, the co-trustee, could possess and use the Trust's NFA item if you the Grantor & Trustee could not or were not able for any reason.

[JohnH1963]

This thread could hurt the original poster more then help. He is asking unknown individuals on the internet for legal advice which may or may not be correct.

The best course of action would be to get the opinion from a military lawyer. Then also followup by getting an opinion from both the state and local authorities that have authority over these issues. Check with the BATF If it involves the military, then you probably have to get your commanding officer involved somehow and you may need to get their opinion. Why not ask the base armorer to see if there are folks who have their weapons stored there and get his opinion?

This situation has probably come up a number of times and someone will know the answers. You are probably not the first person with this particular situation. When you talk with people, take copious notes on who you talked to, when and what was said. Try to get opinions in writing. So if something goes down where you end up in trouble, then you can demonstrate all the reasearch that was done.

[MCASgt New River]

JohnH1963 states:
This thread could hurt the original poster more then help. He is asking unknown individuals on the internet for legal advice which may or may not be correct.

My reply:
You are correct however being in the Marine Corps for 10 years and owning 9 NFA items I'm fairly positive I'm not wrong or else I myself would be behind bars.

JohnH1963 states:
The best course of action would be to get the opinion from a military lawyer.

My reply:
Base legal will not be knowledgable in this area "most" of the time unless the person your dealing with is an NFA owner as well. Additionally, legal will only help if the matter pertains to the military pressing charges against you otherwise it is a conflict of interest. (I have already tried this when I first got into NFA)

JohnH1963 states:
Then also followup by getting an opinion from both the state and local authorities that have authority over these issues. Check with the BATF

My reply:
100000% agree, the ATF is very helpful contrary to what most people say. Their number is (304) 616-4500

JohnH1963 states:
If it involves the military, then you probably have to get your commanding officer involved somehow and you may need to get their opinion.

My reply:
His/her Commanding Officer has nothing to do with his/her right to own weapons. You "need" their opinion on nothing...they can not deny you your 2nd Amendment Rights. Unless the OP lives in the Barracks or on base you are out of the C.O.'s juristriction.

JohnH1963 states:
Why not ask the base armorer to see if there are folks who have their weapons stored there and get his opinion?

My reply:
DO NOT PUT YOUR WEAPONS IN THE BASE ARMORY EVER!! I have seen, and personally expirienced, armorers take weapons out belonging to individules and shoot them, then deny the fact it happen. In addition to that you CAN NOT transfer a Class II weapon to anyone other then the person it is registared to i.e. the Trustee's if using a Revocable Living Trust, Corporation Officers if you have a business ect. Also, it takes forever to check-in/out your weapon(s) and then your at the availability of the armorer to even be present when you want to get them. My suggestion is to get a small storage rental unit out in town and keep them there if you dont have your own place.

JohnH1963 states:
This situation has probably come up a number of times and someone will know the answers. You are probably not the first person with this particular situation. When you talk with people, take copious notes on who you talked to, when and what was said. Try to get opinions in writing. So if something goes down where you end up in trouble, then you can demonstrate all the reasearch that was done.

My reply:
Research/opinions mean NOTHING in the eyes of the military muchless the ATF. Get the NFA Guidebook available here: http://www.atf.gov/publications/down...f-p-5320-8.pdf read up and then see where you stand...PM if you need off-line info.

Cavaet just for JohnN1963: I'm NOT a lawyer, I do NOT think I am, I do NOT play one on T.V. and if your REALLY WORRIED write a letter to the ATF and get your answer in writting. However, do not expect them to be quick about getting you this answer.

I hope this helps you out more then adds confusing details

Question for JohnH1963: Have you ever served in the United States military?

[johnwilliamson062]

The reason I asked here was b/c i thought this would be the most likely place to find someone who had dealt with this situation. Looking more for ideas than "legal advice." I got a great idea.
Thanks MCASgt

[Ftom14cat]

I too am stationed in cali, and am a california native, and i can tell you there is no way i know of to do what you want to do legally.

I would also highly recommend that you never put anything in a base armory if you value its quality. somehow items stored tend to see a lot of use and abuse.

just go to yuma, az instead and keep all the suppressors you want.