Have Questions Re Suppressors Here in LA

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  • Vartarg

    Well-Known Member
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    2   0   0
    Oct 6, 2011
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    18
    Monroe La
    I own a Gemtech suppressor for 223/556 and have a Form 4 tax stamp, and am aware that it's now legal to hunt using the device here in LA.

    I know that ATF requires that I have a copy of the form with me when transporting or using the suppressor.

    Other than permitting hunting with them, does LA have any laws regarding suppressors, and/or do LA LEO's have any role in enforcement of the laws re the devices??

    I've poked around on the web, and searched this site, and would appreciate some input.

    Thanks,

    George
     

    jgreco15

    The Zebra
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    Feb 15, 2009
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    Lafayette, LA
    I know that ATF requires that I have a copy of the form with me when transporting or using the suppressor.

    This is false. You are not required to carry a copy of the form 4. That being said, having a copy is not a bad idea for the uninformed officer.
     
    Last edited:

    kingfhb

    NRA & USCCA INST. w/ LSP#
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    Mar 28, 2014
    3,060
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    New Orleans, LA
    I own a Gemtech suppressor for 223/556 and have a Form 4 tax stamp, and am aware that it's now legal to hunt using the device here in LA.

    I know that ATF requires that I have a copy of the form with me when transporting or using the suppressor.

    Other than permitting hunting with them, does LA have any laws regarding suppressors, and/or do LA LEO's have any role in enforcement of the laws re the devices??

    I've poked around on the web, and searched this site, and would appreciate some input.

    Thanks,

    George

    Take a photo of the form with the stamp... or even use CamScanner (app for iPhone, Android) that will scan it in for you. Just as a means to provide an officer with something. If you do decide to carry a paper copy while hunting, get it laminated.
     

    Vartarg

    Well-Known Member
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    2   0   0
    Oct 6, 2011
    126
    18
    Monroe La
    I Found This....

    Perhaps it's helpful:

    From a Class III Gun Trust Blog:

    <<Must / Should I carry a Copy of my ATF forms with the Firearm?
    October 30, 2014
    Posted In: FAQ's , Form 1 - 5320.1 Manufacture , Form 4 - 5320.4 Transfer

    By David M. Goldman on October 30, 2014 12:11 PM | Permalink

    This is another one of those issues where the answer is not can you do but what should you do. Technically, you do not have to have a copy of your Form 1 or Form 4 for anyone other than the Attorney General, the ATF or an agent or investigator upon request.

    Some recent case law has stated that a police officer is not an investigator or agent or the ATF and as such has no right to request to see your ATF form. I cannot believe the amount of money and or the risk that the individual took when a copy of the document on your cell phone or in your gun bag would have avoided the issue. In addition, there is nothing to state that a judge in your state or where you are asked for the paperwork would rule the same way.

    The NFA requires that a person possessing a firearm registered in the National Firearms Registration and Transfer Record (NFRTR) retains proof of registration which must be made available to the Attorney General, specifically an ATF agent or investigator, upon request.

    So the answer is you might not need to if you are willing to spend months and thousands of dollars should you be arrested, but the smart move would be to have a copy with you to avoid all the potential problems.>>
     

    Vartarg

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    2   0   0
    Oct 6, 2011
    126
    18
    Monroe La
    Research

    Further research....the actual wording of the ATF regs:


    ELECTRONIC CODE OF FEDERAL REGULATIONS

    Title 27 → Chapter II → Subchapter B → Part 479
    ________________________________________

    §479.86 Action on application.

    The transferee shall retain the approved application as proof that the firearm described therein is registered to the transferee, and shall make the approved Form 4 (Firearms) available to any ATF officer on request.
     

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