Got a SBR/NFA question

[CamoDeafie]

Never been asked to produce proof, however better to have than have not.

-Technically only ATF can ask to see stamps, or in the case of pistol amnesties (no stamp), the approval/conditional approval. UNLESS suspected of committing a crime. IIRC…

There's this State law...

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

(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]

 

[Camelfilter]

There's this State law...

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

(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]

1997/1998 that's probably follow up legislation from those Rhajipurshna or whatever crazy cult they were in the '80's.

IIRC another follow up legislation was the ban on Militias in Oregon.

 

[wired]

There's this State law...

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

(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]

Arrest and conviction, not the same thing.

 

[wired]

IIRC another follow up legislation was the ban on Militias in Oregon.

Good thing that the SCOTUS ruled the 2nd Amendment was made for individuals and not for Militias ... and everyone celebrated that .

 

[Camelfilter]

Arrest and conviction, not the same thing.

I'd rather not waste time/effort on an avoidable arrest by simply carrying some paper.

YMMV.

 

[wired]

I'd rather not waste time/effort on an avoidable arrest by simply carrying some paper.

YMMV.

Bring it up on your phone. No need to carry paper. They send you an email.

 

[Camelfilter]

Bring it up on your phone. No need to carry paper. They send you an email.

There's that too.

Just make sure you can locate them.

For the life of me I can't find the original email of 1 of them. Have hard copies tho.

Should take a picture of it to put with the emailed ones…

 

[CamoDeafie]

1997/1998 that's probably follow up legislation from those Rhajipurshna or whatever crazy cult they were in the '80's.

IIRC another follow up legislation was the ban on Militias in Oregon.

Very likely. Might be also in relation to the Ruby Ridge thing, that was the 90s wasn't it ..?

Arrest and conviction, not the same thing.

Conviction requires a jury trial. Arrests don't. Fact of the matter is that in Oregon, it is a crime to possess most all NFA items unless they're registered as Federally required, and having proof of registration is enough to not get arrested in the first place for possessing these items. Unlike WA and it's thing about Short Barreled Shotguns or California...


But that specific State law (Oregon ORS 166.272) is why some forumites here would prefer to keep NFA intact than to delist some NFA things and run afoul of this law because without a Federal registration, it could be argued that they are now de facto banned in Oregon.

 

[wired]

There's that too.

Just make sure you can locate them.

For the life of me I can't find the original email of 1 of them. Have hard copies tho.

Should take a picture of it to put with the emailed ones…

Been there. Once you bring up the first one they lose interest.

 

[wired]

Very likely. Might be also in relation to the Ruby Ridge thing, that was the 90s wasn't it ..?

Conviction requires a jury trial. Arrests don't. Fact of the matter is that in Oregon, it is a crime to possess most all NFA items unless they're registered as Federally required, and having proof of registration is enough to not get arrested in the first place for possessing these items. Unlike WA and it's thing about Short Barreled Shotguns or California...


But that specific State law (Oregon ORS 166.272) is why some forumites here would prefer to keep NFA intact than to delist some NFA things and run afoul of this law because without a Federal registration, it could be argued that they are now de facto banned in Oregon.

Yes but all thats going to do is get you a ride downtown . Makes the afternoon more interested and perhaps you get a Balogna sandwhich out of it. Theyre still going to let you go once the paperwork comes in. and you certainly cannot get convicted . In practice it ALMOST never happens. Most local cops dont bother. One time in 30+ years Ive been asked for paperwork and that was by a fish and game guy. Theyre the worst.

 

[orygun]

Sweet!

As others mention, you now have a SBR.

I keep copies of my NFA stuff with me when we use them.

Never been asked to produce proof, however better to have than have not.

-Technically only ATF can ask to see stamps, or in the case of pistol amnesties (no stamp), the approval/conditional approval. UNLESS suspected of committing a crime. IIRC…

Check this out, there is no stamp. There is a note on Approval Conditions page that says, "Pursuant to ATF Final Rule 2021R-08F."
My son in law is way more involved in this type of thing that I am and is double checking with an FFL friend to see if I need to do anything further, like have the gun engraved. He also suggested on having pictures of the paperwork and keeping it in my phone.

 

[CamoDeafie]

Check this out, there is no stamp. There is a note on Approval Conditions page that says, "Pursuant to ATF Final Rule 2021R-08F."
My son in law is way more involved in this type of thing that I am and is double checking with an FFL friend to see if I need to do anything further, like have the gun engraved. He also suggested on having pictures of the paperwork and keeping it in my phone.

As far as I can tell, that's the same approval type I have from ATF, and I've never gotten any email or snail mail certificated letter saying that now that the rule is gone, I gotta pay the $200 stamp or put engravings on. I believe in the EForms paperwork and specifically for that amnesty time period/braced firearms; one do not need to add NFA engravings, one could "adopt" the existing markings on the braced firearm.


Again, this is as far as I know. I've never seen any lawyer put up videos relating to what happens to braced firearms that were registered through the amnesty.


Edit. The "stamp" is for the $200 tax paid on making or transferring a NFA item, or $5 transfer tax for AOWs. It's basically a receipt for tax(es) paid on NFA items.

 

[orygun]

As far as I can tell, that's the same approval type I have from ATF, and I've never gotten any email or snail mail certificated letter saying that now that the rule is gone, I gotta pay the $200 stamp or put engravings on. I believe in the EForms paperwork and specifically for that amnesty time period/braced firearms; one do not need to add NFA engravings, one could "adopt" the existing markings on the braced firearm.

This is exactly what we checking for. The FFL wanted to see my paperwork to see if it is the same as the guys that got theirs processed before they stopped. It IS the Government we're talking about, after all.

Now I can stake the castle nut and put the upper back on.

 

[Knobgoblin]

When the braces were ruled illegal and we were offered the free stamp offer to do an SBR, I submitted an application. However I was super tardy in sending in the cover letter and assumed that they had, or were, going to toss my app out.
But a few weeks ago I got an e-mail and asked if I wanted them to keep it in process, to which I replied affirmative.

Today I got the e-mail that said I am approved!

Now what do I need to do? Completely uncharted waters for me.

Are you getting a stamp , or any physical printed materials from the alphabetas?

 

[orygun]

-Technically only ATF can ask to see stamps, or in the case of pistol amnesties (no stamp), the approval/conditional approval. UNLESS suspected of committing a crime. IIRC…

This is what I was told, too.

 

[CamoDeafie]

Are you getting a stamp , or any physical printed materials from the alphabetas?

I've never heard of anyone getting physical approval paperwork, only pdf attachments to their emails, for the amnesty pistol brace SBR registration thing.

 

[orygun]

Are you getting a stamp , or any physical printed materials from the alphabetas?

I got my form emailed to me marked as Approved. Check out post #51.

 

[wired]

This is what I was told, too.

Its really not true. Any law enforcement officer can ask to see your paperwork. You are only compelled by law to show it to an ATF officer but the locals can still haul you in until the feds show up which could be next Thursday. Until you produce something you are under arrest for violating state law , not just federal.

 

[Camelfilter]

Check this out, there is no stamp. There is a note on Approval Conditions page that says, "Pursuant to ATF Final Rule 2021R-08F."
My son in law is way more involved in this type of thing that I am and is double checking with an FFL friend to see if I need to do anything further, like have the gun engraved. He also suggested on having pictures of the paperwork and keeping it in my phone.

Yah, no stamps on our amnesty/free pistol->SBR approvals either.

 

[wired]

Yah, no stamps on our amnesty/free pistol->SBR approvals either.

Yes, the secretary of the treasury has the authority to issue excise tax exemptions.The NFA is a little more nuanced than it gets credit for.