Amnesty Form 1 approval

[MichaelH]

For those procrastinators who submitted an application on almost the last day, May 30 @ 11:30 p.m., I got an approval today.

So, I paid no tax and have no stamp. My proof or registration is just the application with the Conditional Approval reference to the brace rule on the last page (is that right)? I really have to carry around a four-page paper print-out of the application (that I could have made with various digital tools and faked) to show to law enforcement to prevent them from arresting me for possessing this SBR?

If you want to answer my dumb question, great but I'll also check the form one thread mentioned on page 2. The rules are not super clear nor is the ATF website. However, I did it complete the application DIY with Amazon Fingerprint Cards self certified and a selfie passport style photo. My hands are huge making my fingerprints suck so if you were worried about how well you did that my approval should be encouraging.

 

[elitejake]

I took screen shots of my approval on my phone. A digital copy is a valid copy.

 

[wired]

I took screen shots of my approval on my phone. A digital copy is a valid copy.

You dont really need to carry copies but you can

 

[elitejake]

Even traveling all over the country. I've never been asked for them. I had filed to travel with suppressors b4. But most cops don't care if you're not being a bone head or a dick to them.
I will prob be corrected on this. But if asked, you only have to show a badged ATF agent ? Bc they are the agency that regulates them. Not the local agency.

 

[wired]

Even traveling all over the country. I've never been asked for them. I had filed to travel with suppressors b4. But most cops don't care if you're not being a bone head or a dick to them.
I will prob be corrected on this. But if asked, you only have to show a badged ATF agent ? Bc they are the agency that regulates them. Not the local agency.

While technically that is true its not the ATF who is going to ask for your forms. They can just call it in. The local guys MIGHT want to see it before they will release you if they and you are having a bad day. No one who has approved form whatevers goes to jail for not having them at hand.

 

[CamoDeafie]

You dont really need to carry copies but you can

In Oregon, yes you have to.

ORS 166.272 – Unlawful possession of machine guns, certain short-barreled firearms & firearms silencers

A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person…

oregon.public.law

" (1)A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.


(2)Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.


(3)A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.


(4)It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]"

Bold is my emphasis

 

[wired]

In Oregon, yes you have to.

ORS 166.272 – Unlawful possession of machine guns, certain short-barreled firearms & firearms silencers

A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person…

oregon.public.law

" (1)A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.


(2)Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.


(3)A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.


(4)It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]"

Bold is my emphasis

Sort of. They may not arrest you if you show them the form but you won't be convicted of anything as long as you produce it at some time. I've known a person in Oregon arrested and taken in and later released no charges same deal. He did it for sport. The locals certainly can arrest you its just that no charges are going to stick once that form appears.

 

[MichaelH]

In Oregon, yes you have to.

ORS 166.272 – Unlawful possession of machine guns, certain short-barreled firearms & firearms silencers

A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person…

oregon.public.law

" (1)A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.


(2)Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.


(3)A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.


(4)It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]"

Bold is my emphasis

If you don't have immediate documentation and they arrest you, they will have to release you and drop charges once you can show it's registered. Having an unregistered SBR is the crime, not failure to have proper documentation. I'm glad they don't specify what immediate possession of documentation means. "Documents" is normally construed pretty liberally in law, so a digital picture should work, but I usually use a bag or case so...not that big of a deal to carry a copy. I suspect I'll even copy the email notification of approval too. That said, it's dumb to needlessly risk arrest.

Now I can get rid of that dumb brace and drop on a real stock...

 

[CamoDeafie]

Sort of. They may not arrest you if you show them the form but you won't be convicted of anything as long as you produce it at some time. I've known a person in Oregon arrested and taken in and later released no charges same deal. He did it for sport.

Letter of law is different from actual enforcement of law

 

[wired]

Letter of law is different from actual enforcement of law

Even the letter of the law doesn't say you can be charged for not having the form with you. It just says you cannot be arrested for the offense if you show the docs to the officer . If you dont show the docs to the officer you will show them to someone else down the road if you have them. The DA isnt going to charge you for a crime that isn't a crime . At some point during the process even if you patently refuse to show docs theyre going to contact the ATF who will send your file over.

I dont even download mine once approved anymore.

 

[Camelfilter]

Sort of. They may not arrest you if you show them the form but you won't be convicted of anything as long as you produce it at some time. I've known a person in Oregon arrested and taken in and later released no charges same deal. He did it for sport. The locals certainly can arrest you its just that no charges are going to stick once that form appears.

"He did it for sport".

Dang, must be nice to have all that free time floating around & no responsibilities. Wow. Just wow.

The old adage "play stupid games, win stupid prizes" comes to mind here. Poke. Poke. Poke.

 

[R3dundantC]

Even traveling all over the country. I've never been asked for them. I had filed to travel with suppressors b4. But most cops don't care if you're not being a bone head or a dick to them.
I will prob be corrected on this. But if asked, you only have to show a badged ATF agent ? Bc they are the agency that regulates them. Not the local agency.

Suppressors are exempt from needing a Form 5320.20.

"A written request and prior authorization from ATF to transport interstate
or in foreign commerce any destructive device, machinegun, short-barreled rifle,
or short-barreled shotgun is required under the provisions of Title 18, United
States Code (U.S.C) Section § 922 (a)(4) and Title 27, Code of Federal
Regulations (CFR) § 478.28."

Instruction A, ATF Form 5320.20

"A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT), may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval of ATF, specifically the NFA Branch."

I have a NFA firearm and I’m moving. What do I do? | Bureau of Alcohol, Tobacco, Firearms and Explosives

A registered possessor of an NFA firearm, other than a federal firearms licensee/special occupational taxpayer (FFL/SOT), may not lawfully transport in interstate or foreign commerce any destructive device, machinegun, short-barreled shotgun or short-barreled rifle without prior written approval...

www.atf.gov

" If you are going to one of the 42 states that currently allow individual ownership for suppressors, and you legally own your suppressor, you are fine for travel. There is no additional paperwork required from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF). While the ATF will accept Form 5320.20 for travel with your suppressor, if you delve into the language of the regulation, it specifically deals with the transport of "any destructive device, machine gun, short-barreled shotgun or short-barreled rifle," but not suppressors."

FAQ on Owning Suppressors in the USA

Ashlee Lundvall describes commonly asked questions by people pertaining to owning suppressors in the USA, and includes legislation updates.

silencerco.com

 

[wired]

"He did it for sport".

Dang, must be nice to have all that free time floating around & no responsibilities. Wow. Just wow.

The old adage "play stupid games, win stupid prizes" comes to mind here. Poke. Poke. Poke.

its called retirement

 

[pnwclimber]

Got my two amnesty filings approved this week as well! Time to find some proper stocks for them

 

[PrDubi]

25 year NFA owner.

I copied and then shrunk my NFA form 1 and form 4 to about one quarter size.

In the times I've been checked it was always accepted and never an issue.

 

[PrDubi]

"He did it for sport".

Dang, must be nice to have all that free time floating around & no responsibilities. Wow. Just wow.

The old adage "play stupid games, win stupid prizes" comes to mind here. Poke. Poke. Poke.

I once was in that position after getting out of the army. Had that time to mess with LE especially Tillamook County Sheriff dept while at Browns camp. My personal hats off to deputy Jackson for his continued DB King attitude in regards to NFA laws.
He once goaded me and actually accused me of being a Mexican assassin because I'm shooting MGs and suppressors.
I filed an IA complaint against him.
In the end, YMmV on the type of harassment you may or may not get in shooting in public lands.
Private ranges.
No issues.

 

[Yarome]

In Oregon, yes you have to.

ORS 166.272 – Unlawful possession of machine guns, certain short-barreled firearms & firearms silencers

A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person…

oregon.public.law

" (1)A person commits the crime of unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer if the person knowingly possesses any machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer.


(2)Unlawful possession of a machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is a Class B felony.


(3)A peace officer may not arrest or charge a person for violating subsection (1) of this section if the person has in the person's immediate possession documentation showing that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer is registered as required under federal law.


(4)It is an affirmative defense to a charge of violating subsection (1) of this section that the machine gun, short-barreled rifle, short-barreled shotgun or firearms silencer was registered as required under federal law. [1989 c.839 §13a; 1997 c.749 §8; 1997 c.798 §1]"

Bold is my emphasis

Agreed. Contrary to some that might not think it that big a deal to be arrested... so long as they won't prosecute you, it sure seems a lot wiser to follow OR law... vs... starting up/adding to your arrest record (regardless of the outcome), risk being held over, and having your firearm "processed". AKA., Bang it, sticker it, foul it and scratch it up for 30 days before getting it back.

Just sayin....

 

[nammac]

I simply keep copies of paperwork for any NFA items in my range bag. Never need to think about it and if asked to produce documentation, viola, there it is. Allows nammac to go home with his toys and not have an unpleasant encounter with any authorities.

But that's just me, why make anyone's day tougher than it really needs to be…

 

[PrDubi]

I simply keep copies of paperwork for any NFA items in my range bag. Never need to think about it and if asked to produce documentation, viola, there it is. Allows nammac to go home with his toys and not have an unpleasant encounter with any authorities.

But that's just me, why make anyone's day tougher than it really needs to be…

Yeah but during an ARFcom sponsored shoot years ago, they were demanding the original copy until so many produced copies that they simply allowed copies.

Tillamook County sheriff can go pound tons and tons of sand for their made up rules and regulations.

 

[CamoDeafie]

Yeah but during an ARFcom sponsored shoot years ago, they were demanding the original copy until so many produced copies that they simply allowed copies.

Tillamook County sheriff can go pound tons and tons of sand for their made up rules and regulations.

Interesting because the ATF never sent a physical document for mine, only a .pdf to my email.