Silencer/suppressor rules

[GAgunLAWbooklet]

Hey, what do I know?
I'm only a lawyer with 20 years experience and former prosecutor of felony crimes --although I've never prosecuted anybody for having an NFA type weapon.

If you don't understand that having a silencer or a machine gun or a short barrel rifle or shotgun * is per se illegal in Georgia* ... and the only thing that saves you from arrest and prosecution is you bringing forward evidence that your gun is legally registered with the feds....

I'd urge you to read the law, including the last code section on the subject which talks about the burden being on the defendant, not the state, to show that the defendants possession of the weapon is covered by an exception in this Georgia law (meaning registered with ATF.)


Look up O.C.G.A. 16-11-120 thru 125.

 

[AK74U]

Not knocking your forte or experience. But trying to make sure people have good information.

Hey, what do I know?
I'm only a lawyer with 20 years experience and former prosecutor of felony crimes --although I've never prosecuted anybody for having an NFA type weapon.

If you don't understand that having a silencer or a machine gun or a short barrel rifle or shotgun * is per se illegal in Georgia* ... and the only thing that saves you from arrest and prosecution is you bringing forward evidence that your gun is legally registered with the feds....

I'd urge you to read the law, including the last code section on the subject which talks about the burden being on the defendant, not the state, to show that the defendants possession of the weapon is covered by an exception in this Georgia law (meaning registered with ATF.)


Look up O.C.G.A. 16-11-120 thru 125.

 

[rinfanti]

So.... I travel a lot with NFA items. Suppressors, SBRs, Machine guns, belt feds....... I am going to tell you what I tell my staff and practice.

Make sure to have a copy of the form 2s/3s. Make sure you have a current employee notice that gives you the right and permission to carry these weapons per the cited law. Also have a copy of our FFLs and SOTs

Be polite, offer to show the paperwork. You may be in the right. but if a cop wants to arrest you, they will. It may be tossed and we may get the weapons back eventually buy why go through the hassle?

Same would apply to an individual. I can provide a copy of the employee letters and permission letter to anyoen who want a copy.

 

[BigMike]

Question. If one were to want to travel out of state with a sbr, would that person need the approved form from the atf in hand before doing so?

 

[AK74U]

Yes a 5320 is required for SBR-AOW-SBS-DD-MG. Cans aren't required. BigMike

 

[Cohutta68]

Yes a 5320 is required for SBR-AOW-SBS-DD-MG. Cans aren't required. BigMike

On the same topic, assuming I’m a Georgia resident, and I buy property in another state. Such as Alabama or Tennessee. Is completing a form 5320 required on every trip across state lines? Or could such form be filed one time? Or once per year? Or are you basically screwed if you travel that route weekly or monthly.

Does the same apply to SBR and suppressor? Or are they different?

 

[rustyboy]

On the same topic, assuming I’m a Georgia resident, and I buy property in another state. Such as Alabama or Tennessee. Is completing a form 5320 required on every trip across state lines? Or could such form be filed one time? Or once per year? Or are you basically screwed if you travel that route weekly or monthly.

Does the same apply to SBR and suppressor? Or are they different?

5320 is required when transporting NFA items that are not supressors outside your state of residence. You could fill out a blanket 5320 for a year in your scenario.

 

[hseII]

So.... I travel a lot with NFA items. Suppressors, SBRs, Machine guns, belt feds....... I am going to tell you what I tell my staff and practice.

Make sure to have a copy of the form 2s/3s. Make sure you have a current employee notice that gives you the right and permission to carry these weapons per the cited law. Also have a copy of our FFLs and SOTs

Be polite, offer to show the paperwork. You may be in the right. but if a cop wants to arrest you, they will. It may be tossed and we may get the weapons back eventually buy why go through the hassle?

Same would apply to an individual. I can provide a copy of the employee letters and permission letter to anyoen who want a copy.

Just to be clear Regarding traveling with a can: I don’t need to fill out any forms or call anyone if traveling to & thru Can friendly states?


Sent from my iPhone using Tapatalk Pro

 

[yardboss1]

I had no idea so many potential problems came with owning a silencer. I am guessing a person that owns one can not sell it on ODT with no paperwork involved ?

 

[Control for Smilers]

I had no idea so many potential problems came with owning a silencer. I am guessing a person that owns one can not sell it on ODT with no paperwork involved ?

Correct guess.