Tax stamp question

[Lightsped]

I've been involved with NFA weapons since 2006. I have never ever had anyone ask or demand to see my Form 1s or Form 4s. If a LEO asked, I'd probably show it to him. I have jumped through all the hoops with my NFA stuff, so I have no fear in showing it to a LEO. Its all legal. If a random person or range officer asked, it would all depend on my mood. To my knowledge the only person I MUST show the Form 1s/4s too is an ATF person.

 

[azb]

By Georgia law, these items are illegal. It is specifically mentioned in the law that federal permission is required to prevent a state law being broken. This means leos have every right to ask to see your paperwork to make sure you are not breaking a state law by being in possession of an NFA item. If you were in violation, he would then call the BATFE to come investigate and determine federal prosecution.

Keep this in mind when you're refusing to show a cop your forms because you know your rights. You will likely be facing obstruction charges at the least.

 

[Laxguy59]

By Georgia law, these items are illegal. It is specifically mentioned in the law that federal permission is required to prevent a state law being broken. This means leos have every right to ask to see your paperwork to make sure you are not breaking a state law by being in possession of an NFA item. If you were in violation, he would then call the BATFE to come investigate and determine federal prosecution.

Keep this in mind when you're refusing to show a cop your forms because you know your rights. You will likely be facing obstruction charges at the least.

Suppresors are legal in Georgia, simply federally regulated.

 

[Rob62]

Very true, but the only way for a Law Enforcement officer to know the suppressor (or any other NFA item) in your possession was legal is to ask for your Form 1 or 4.

I would encourage anyone to show their tax stamp to a LEO if asked for it in the performance of their duties - I think that will make life muh easier for all involved.

Side note reference an earlier comment. I have been asked by employees at both Stoddard's and that range by the ATL Farmer's market, who's name I can't remember, for my Form1/4 when firing certain NFA controlled items. I could have chosen not to do so and simply left, however its no big deal to me so I showed it to them. Of course others will feel differently, and I encourage you to walk out if that's not something you are willing to do.

Regards,
Rob

Suppresors are legal in Georgia, simply federally regulated.

 

[whiskerz]

I have had tax stamps over 10 years now. In that time I have never been asked for paperwork . I went to Kinkos when new and made lots of copies in color and black and white as well as some small laminated copies . I always carry a copy and never an original.

 

[azb]

Suppresors are legal in Georgia, simply federally regulated.

O.C.G.A. § 16-11-122
Possession of sawed-off shotgun or rifle, machine gun, silencer, or dangerous weapon prohibited

No person shall have in his possession any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer except as provided in Code Section 16-11-124.

O.C.G.A. § 16-11-124
Exemptions from application of part

This part shall not apply to:

(1) A peace officer of any duly authorized police agency of this state or of any political subdivision thereof, or a law enforcement officer of any department or agency of the United States who is regularly employed and paid by the United States, this state, or any such political subdivision, or an employee of the Department of Corrections of this state who is authorized in writing by the commissioner of corrections to transfer or possess such firearms while in the official performance of his duties;

(2) A member of the National Guard or of the armed forces of the United States to wit: the army, navy, marine corps, air force, or coast guard who, while serving therein, possesses such firearm in the line of duty;

(3) Any sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer which has been modified or changed to the extent that it is inoperative. Examples of the requisite modification include weapons with their barrel or barrels filled with lead, hand grenades filled with sand, or other nonexplosive materials;

(4) Possession of a sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer by a person who is authorized to possess the same because he has registered the sawed-off shotgun, sawed-off rifle, machine gun, dangerous weapon, or silencer in accordance with the dictates of the National Firearms Act, 68A Stat. 725 (26 U.S.C. Sections 5841-5862); and

(5) A security officer employed by a federally licensed nuclear power facility or a licensee of such facility, including a contract security officer, who is trained and qualified under a security plan approved by the United States Nuclear Regulatory Commission or other federal agency authorized to regulate nuclear facility security; provided, however, that this exemption shall apply only while such security officer is acting in connection with his or her official duties on the premises of such nuclear power facility or on properties outside the facility property pursuant to a written agreement entered into with the local law enforcement agency having jurisdiction over the facility. The exemption under this paragraph does not include the possession of silencers.

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As you can see by the above code, there is no special dispensation for suppressors.

It is against GA law to own these items without NFA approval, therefore GA LEOs can ask for proof of approval to determine that you are operating within the law.


That being said, I've never had anyone ask to see my stamps. I've had a couple range officers ask if I had stamps, and when I replied yes, they left me alone.

Az