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(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
(3) It shall be an affirmative defense to a prosecution brought under this section that the machine gun, short-barreled shotgun, or short-barreled rifle was acquired prior to July 1, 1994, and is possessed in compliance with federal law.
And this means be prepared to be arrested/cited, have the firearm confiscated as evidence and wait for your day in court to show your affirmative defense. This statement does not give an exception to arrest only allows for a defense in court.
I doubt an arrest would happen but it is still a possibility to keep in mind.
And this means be prepared to be arrested/cited, have the firearm confiscated as evidence and wait for your day in court to show your affirmative defense. This statement does not give an exception to arrest only allows for a defense in court.
I doubt an arrest would happen but it is still a possibility to keep in mind.
So your saying that everyone with NFA items and using them should be scared to take them out and use them? Why? What proof of this do you have? How often do you take your NFA items out?
When you drive the speed limit are you " prepared to be arrested/cited, have the firearm "vehicle" confiscated as evidence and wait for your day in court to show your affirmative defense" to prove you were doing right? Why is this ANY different then legally using a LEGAL NFA item. The LEO has NO cause for arrest if you have a LEGAL NFA item. LEO can not "just arrest" you, they HAVE to have a state law to charge you with. IF you have a LEGAL NFA item what can they charge you with? If they arrest you with no charges then time to find a good lawyer who wants to make you and him a lot of money.
As long as the LEO is knowledgeable of the specifics of the law or you can educate him/her on the spot, and have your ducks in a row, there shouldn't be a problem. Unless you are being a jerk, or the cop is.
For example, silencer ownership is illegal in the state of Texas but following Federal law is an affirmative defense. Silencer owners with tax stamps are not routinely arrested in Texas and hauled into court to present their affirmative defense since LE knows that's what will happen.
Scared? No. Concerned a tad bit? Possibly. What proof do I need to show? The RCW has already been cited. Apparently you do not know what an affirmative defense clause is.
You analogy is seriously lacking. LEO can arrest you for a violation of .190. The law says it is unlawful but gives an affirmative defense exception. Note that I did state I don't think it likely but the possibility is there.
So your saying that everyone with NFA items and using them should be scared to take them out and use them? ...
The OP wasn't about one guy taking out a NFA item and using it. The OP was about hosting a MG shoot....and in THAT particular case, I'm guessing that there would be a lot of eyes watching...but that is just MY opinion...
Is it legal to host a full auto machine gun shoot in WA state?