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EDIT: remember, this is NWF and NOT legal advice. If you don't know that, now you do. If you need legal advice please consult a lawyer. If you feel the need to tell people they aren't lawyers and not to give legal advice, get off your soap box. (I like the ignore button).
I got into suppressors and decided to do research on the laws. This is how I read and understood the language (this is me paraphrasing):
Suppressors, and other NFA items, are 100% illegal in Oregon. However, if you can prove the suppressor is legally federally registered you cannot be arrested, charged, or prosecuted with a crime. You do that by showing your paperwork to LE if asked. So even though we are breaking state law we aren't liable for the offense (breaking a law but not being charged with it).
That's some grade A garbage politics. Our politicians suck.
It's called affirmative defense:
(https://en.m.wikipedia.org/wiki/Affirmative_defense). It's sort of like self defense shootings: you murdered someone and murder is illegal, but since it was self defense you won't be charged. But the suppressor law here is more asinine than the NFA, IMO.
The reason I bring this up is because I kept finding threads about if people should show their tax stamp paperwork to LE or ROs when asked. From what I gathered, federally, we are only required to show the paperwork to ATF or the IRS (this might be incorrect or missing something) and there is no state law forcing us to show LE, but it makes it so they can't arrest you, it's your burden to prove. Keep a copy of the paperwork handy and just show it to them.
Opinions were split and I think where you live and who asked makes a big difference. My opinion of the people who said LE can kick rocks talk big online but probably have never even seen a suppressor in real life and probably only own a Hipoint. They have probably never been harassed by police either. IMO, if LE asks, especially if you're in Oregon, you show them. If you're in a truly free state and the cop is harassing you I would say don't comply, immediately ask to talk to their supervisor. If the cop just wants to be sure your legit and he's being cool, there is no harm and no reason to be a jerk. But if the wad is harassing you, you got other problems, to hell with them.
Talking specifically about Oregon, legally you don't have to show paperwork I think (I could be wrong), but they will [likely] arrest you and you will be showing that paperwork to a judge to stay out of jail and keep your gun rights, Class B felony, and you will be fighting to get your property back, and it might not be in the same condition as when they took it. Just not worth the hassle.
As for a RO: I'm pretty sure you need permission from the property owner to bring NFA items on private property. The RO makes that decision for the range owner. If you want to shoot there show it to them. Otherwise they can, and will, kick you out. If you don't want to give business to a range that asks to make sure people don't bring illegal items to their range, you have every right to not go there. But I think that's just being hard headed because you have a legal obligation to ask them first (you're supposed to ask permission from a property owner before bringing NFA items into their property I believe), The RO is just trying to protect themselves from criminals. Are some ROs just abusing power, maybe but not really in this case, IMO.
Talking about taking your suppressor places, I think that when we go shooting in the woods we are supposed to get permission from the authority runs that particular forest. In Tillamook it's the ODF. I'm not 100% sure about this though. If they have a policy that doesn't require permission that should cover it. Does anyone know if we are supposed to let them know we are bringing NFA items into the forest? I'm really curious. (Legality and what's practiced are different things, I would be no one tells the ODF they are bringing suppressors even if we are supposed to). And reading something on a blog that some guy wrote doesn't count, I'm talking knowing law from reputable sources, lawyer for example.
I'm curious as to others opinions. Let's try to not fight though. We can disagree and be civilized, I think, maybe . If you voice your opinion and someone disagrees, just let them have their opinion even if it's wrong
If you don't believe me about suppressors being completely illegal, read it for yourself.
(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]
(This might belong in the legal section but I thought it would be better suited here so people know why they should show LE paperwork.)
I got into suppressors and decided to do research on the laws. This is how I read and understood the language (this is me paraphrasing):
Suppressors, and other NFA items, are 100% illegal in Oregon. However, if you can prove the suppressor is legally federally registered you cannot be arrested, charged, or prosecuted with a crime. You do that by showing your paperwork to LE if asked. So even though we are breaking state law we aren't liable for the offense (breaking a law but not being charged with it).
That's some grade A garbage politics. Our politicians suck.
It's called affirmative defense:
(https://en.m.wikipedia.org/wiki/Affirmative_defense). It's sort of like self defense shootings: you murdered someone and murder is illegal, but since it was self defense you won't be charged. But the suppressor law here is more asinine than the NFA, IMO.
The reason I bring this up is because I kept finding threads about if people should show their tax stamp paperwork to LE or ROs when asked. From what I gathered, federally, we are only required to show the paperwork to ATF or the IRS (this might be incorrect or missing something) and there is no state law forcing us to show LE, but it makes it so they can't arrest you, it's your burden to prove. Keep a copy of the paperwork handy and just show it to them.
Opinions were split and I think where you live and who asked makes a big difference. My opinion of the people who said LE can kick rocks talk big online but probably have never even seen a suppressor in real life and probably only own a Hipoint. They have probably never been harassed by police either. IMO, if LE asks, especially if you're in Oregon, you show them. If you're in a truly free state and the cop is harassing you I would say don't comply, immediately ask to talk to their supervisor. If the cop just wants to be sure your legit and he's being cool, there is no harm and no reason to be a jerk. But if the wad is harassing you, you got other problems, to hell with them.
Talking specifically about Oregon, legally you don't have to show paperwork I think (I could be wrong), but they will [likely] arrest you and you will be showing that paperwork to a judge to stay out of jail and keep your gun rights, Class B felony, and you will be fighting to get your property back, and it might not be in the same condition as when they took it. Just not worth the hassle.
As for a RO: I'm pretty sure you need permission from the property owner to bring NFA items on private property. The RO makes that decision for the range owner. If you want to shoot there show it to them. Otherwise they can, and will, kick you out. If you don't want to give business to a range that asks to make sure people don't bring illegal items to their range, you have every right to not go there. But I think that's just being hard headed because you have a legal obligation to ask them first (you're supposed to ask permission from a property owner before bringing NFA items into their property I believe), The RO is just trying to protect themselves from criminals. Are some ROs just abusing power, maybe but not really in this case, IMO.
Talking about taking your suppressor places, I think that when we go shooting in the woods we are supposed to get permission from the authority runs that particular forest. In Tillamook it's the ODF. I'm not 100% sure about this though. If they have a policy that doesn't require permission that should cover it. Does anyone know if we are supposed to let them know we are bringing NFA items into the forest? I'm really curious. (Legality and what's practiced are different things, I would be no one tells the ODF they are bringing suppressors even if we are supposed to). And reading something on a blog that some guy wrote doesn't count, I'm talking knowing law from reputable sources, lawyer for example.
I'm curious as to others opinions. Let's try to not fight though. We can disagree and be civilized, I think, maybe . If you voice your opinion and someone disagrees, just let them have their opinion even if it's wrong
If you don't believe me about suppressors being completely illegal, read it for yourself.
(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]
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
(This might belong in the legal section but I thought it would be better suited here so people know why they should show LE paperwork.)
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