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Ever been asked to see tax stamp?

Check this out. I had a can sitting in its little box on the dining room table, along with the original stamp. Wife decided to clean off the table at Christmas time, threw them BOTH away. I saw the table that night when I finished work, asked her where those two things had gone. I spent the next hour digging through trash bags, fortunately finding both.

<doh>
wow
 
I don’t like the ATF either. Or half the laws the govt made. But still have to abide by them. Do you drive your vehicle and leave the registration and insurance info at home?

It is highly unlikely you’ll be asked for it, but say you did. Say you got pulled over, a cop saw the case and asked about it. You refuse to answer questions about it, so the Officer is suspicious. He detains you, searches the vehicle, asks for the documentation and you don’t have it. Legally, they could arrest you on the spot because they don’t know if you are in possession of an illegal weapon. At the least, they could confiscate it and issue your a citation. Or detain you until someone brings the documents.

Cops can interpret the law however they choose in the moment, just like you can. Is it worth the headache?
To your first point, I haven't carried an insurance card in my vehicle in many, many years. All of that information is online now and LE can access it from their laptop in the patrol car. Last time I was pulled over, which was at least 8 years ago, the cop didn't even ask for proof of insurance or registration, just my license.

To your second point, I actually have first hand experience with LE and NFA items. It's been many years ago but it was shortly after I got my first cans. SilencerCo Sparrow and Mystic X. I took them with me to South Carolina to visit family and took them to a forestry/wildlife range. We'd been there about 30 or so minutes when local PD guy shows up. Turns out one of the Fudd's at the range had dropped a dime and said that there were some people on the range with some illegal guns. I explained to the officer that they were not illegal and that I had purchased them on a Form 4 for an authorized dealer. He asked me if I had paperwork to back that up. I told him that I did not and that it was in Atlanta in my gunsafe and further that he didn't have the authority to ask for them, only an ATF agent did. He said "We'll see about that." Told me not to leave and went back to his car. After a few minutes he came back out and asked me for my license. I refused. He said "Fine, hold on." Apparently he had called the field office in Greenville. He came back out and put the phone on speaker and the person at the office asked for my name and address. I informed the person on the line that they were not registered to me, but to a trust. He then asked for the trust name, I gave it to him....waited a few seconds and the guy on the line reads out the serial numbers on the cans. I show the cop the cans with the matching serial numbers at which point the cop is satisfied. Before hanging up, the guy at ATF tells the cop not to do this again. He goes on to inform him that obtaining a can is a laborious process and they are an NFA controlled item. If I had one, the overwhelming reality was that I had legally purchased it. You know, possesion being 9/10ths of the law and what not. I'm sure, had it been an SBR or SBS, this would have been an entirely different encounter.

Now, was that a huge pain in the butt? Absolutely, but hopefully the cop learned something and I saved someone else a headache down the road.

By the way, once the cop left, I loudly said "Whichever one of you guys called them, you want to come shoot it now?" After a few minutes a guy came over and meekly confessed because he thought they were illegal. I explained the NFA to him and hopefully won him over.

Apologies for the wall of text.
 
You can't be stopped for open carry in Georgia. there has to be another crime being investigated before a Law Enforcement Officer can ask for your carry permit. Just the presentation of a firearm isn't enough, at least not in Georgia.
I know, that was just an example situation. You could be stopped for a myriad of reasons that could lead to the sam questions.
 
To provide some clarity to some of your concerns, OCGA 16-11-124 clarifies possession of restricted items in Georgia stating specifically that 16-11-123 shall not apply to individuals who have registered their restricted items (machine gun, sbr, rocket launcher, silencer) with the ATF. What does that mean in laymans terms? It means that the state of Georgia requires you to prove it is registered, or you may face criminal charges. Interpret that how you will.

As to someone knowing you own a restricted item. Most of you will likely never have to deal
With this. A public range is reasonably the only place i could see someone even being approached about the legality of their firearm, and that is only if someone else isn't minding their business. Truthfully, in your vehicle, you would have to do something which results in your vehicle being searched, which comes from more than “mere suspicion”, as someone earlier referred to.

In short, carry proof of tax stamp, or youre in violation of georgia law. Dont do anything to have your vehicle or home searched. And continue to carry, because truth be told, law enforcement doesnt care that you are carrying a gun unless you are a criminal, or have criminal intent.

Feel free to conduct your own research into the 16-11-120/125 code sections, as i am no lawyer, and do not provide legal advice, only knowledge and resources for you to form your own opinion.
 
Anyone ever been asked to see a stamp at the range? I got asked over the holidays at a range in OH. I went and did some research and you only are required to show your paperwork to an ATF agent.

What happens if you happen to get asked by an ATF agent and you don't have it with you? Not that I've ever seen an agent or expect to see one.

I would be worried that I would lose it if I carried it with me.
Yes I’ve been asking to see my own personal tax stamp! Five were sent away in June 5 have not returned checks cashed! So yes I am asking to see my stamps! Yea
 
To provide some clarity to some of your concerns, OCGA 16-11-124 clarifies possession of restricted items in Georgia stating specifically that 16-11-123 shall not apply to individuals who have registered their restricted items (machine gun, sbr, rocket launcher, silencer) with the ATF. What does that mean in laymans terms? It means that the state of Georgia requires you to prove it is registered, or you may face criminal charges. Interpret that how you will.

As to someone knowing you own a restricted item. Most of you will likely never have to deal
With this. A public range is reasonably the only place i could see someone even being approached about the legality of their firearm, and that is only if someone else isn't minding their business. Truthfully, in your vehicle, you would have to do something which results in your vehicle being searched, which comes from more than “mere suspicion”, as someone earlier referred to.

In short, carry proof of tax stamp, or youre in violation of georgia law. Dont do anything to have your vehicle or home searched. And continue to carry, because truth be told, law enforcement doesnt care that you are carrying a gun unless you are a criminal, or have criminal intent.

Feel free to conduct your own research into the 16-11-120/125 code sections, as i am no lawyer, and do not provide legal advice, only knowledge and resources for you to form your own opinion.

Great post!

You are actually citing the applicable Georgia law, not just repeating something you heard on Internet chat sites.


Everybody needs to take note of code section 16-11- 125.


QUOTE: "In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant."

Layman's terms this says that the state doesn't have to prove your gun was not registered; instead if it is registered you have to show it! The burden's on you to cooperate with the authorities and show them your tax-stamped paperwork.

If you do not show an NFA registration, they can certainly arrest you.

This Georgia law actually indicates they could prosecute you and convict you, too, if you refused to show your weapon's registration. But I don't think that would fly under the US Constitution--to shift the burden to the defendant that way at a felony trial.

It would pass constitutional muster, though, at a preliminary hearing, or probable cause determination hearing, to justify your arrest, to force you to make bond if you want to get out, and to formally put the charges against you on the court docket.
 
Great post!

You are actually citing the applicable Georgia law, not just repeating something you heard on Internet chat sites.


Everybody needs to take note of code section 16-11- 125.


QUOTE: "In any complaint, accusation, or indictment and in any action or proceeding brought for the enforcement of this part it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this part, and the burden of proof of any such exception, excuse, proviso, or exemption shall be upon the defendant."

Layman's terms this says that the state doesn't have to prove your gun was not registered; instead if it is registered you have to show it! The burden's on you to cooperate with the authorities and show them your tax-stamped paperwork.

If you do not show an NFA registration, they can certainly arrest you.

This Georgia law actually indicates they could prosecute you and convict you, too, if you refused to show your weapon's registration. But I don't think that would fly under the US Constitution--to shift the burden to the defendant that way at a felony trial.

It would pass constitutional muster, though, at a preliminary hearing, or probable cause determination hearing, to justify your arrest, to force you to make bond if you want to get out, and to formally put the charges against you on the court docket.
I appreciate the compliment. Id like to think i stay pretty up to date on current and applicable law and legal process.
 
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