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View Full Version : legality of owning a silencer and storing is out of state?


Bobula
10-22-2010, 8:35 PM
Let me clarify that if I am legally allowed to purchase it will NEVER enter this state!
A friend is moving back to CA, he legally owns a silencer is a different state. Would is be legal and possible for my to transfer the silencer and stamp, and keep it stored at a secured facility in NV?
If I can get a stamp transferred to me would it be legal?

Ron-Solo
10-22-2010, 10:16 PM
I'm not certain but I believe you have to be a resident of the state it is located in and where the Feds issue the stamp.

I hope I'm wrong, because my daugher lives in a free state and I'd love to have an SBR.

ke6guj
10-22-2010, 10:23 PM
I'm not certain but I believe you have to be a resident of the state it is located in and where the Feds issue the stamp.

I hope I'm wrong, because my daugher lives in a free state and I'd love to have an SBR.

For an SBR, that would definitely be true. But with regards to a silencer, IIRC, the NFA definition of "firearm" includes silencer, but the CGA defintion doesnt. So, I've heard that it isn't a violation to sell a silencer to someone in a different state (after approval, of course). A person that posts here on CGN got ATF to approve a Form 4 for a silencer purchase done in a different state, with the understanding that the silencer would never enter CA. But when someone asked on an NFA-centric forum how that would be possible, dealers there didnt think it was possible.

glockman19
10-22-2010, 10:25 PM
Let me clarify that if I am legally allowed to purchase it will NEVER enter this state!
A friend is moving back to CA, he legally owns a silencer is a different state. Would is be legal and possible for my to transfer the silencer and stamp, and keep it stored at a secured facility in NV?
If I can get a stamp transferred to me would it be legal?
YES...If is the big question.

Once you own it it's yours. The only issue is bringing it into a state where it is prohibited. Transfer from your friend to youmay be an issue.

I'm not certain but I believe you have to be a resident of the state it is located in and where the Feds issue the stamp.
CORRECT
I hope I'm wrong, because my daugher lives in a free state and I'd love to have an SBR.

I believe you have to be a resident of the state it is located in and where the Feds issue the stamp.
only for the initial purchase of transfer.

I hope I'm wrong, because my daugher lives in a free state and I'd love to have an SBR.
OK for your daughter. NOT ok for you.

Bobula
10-22-2010, 10:26 PM
So basically I need an answer from ATF? I here they send clear answers on paper made of a material called unobtainium.

rero360
10-22-2010, 11:51 PM
http://www.calguns.net/calgunforum/showthread.php?t=140102&page=2

More to the point, read the posts by Lunde, he is a CA resident and owns multiple suppressors stored out of state.

Basically from what I gathered from reading his posts, you put your CA home address on the form where it asks for it but then you attach an addenum with the address of where it will be stored. If you go the trust route then you don't even need to get the CLEO where it will be stored involved.

I personally will be looking more in depth into this route when I return from my next deployment and have the funds to play with.

Ron-Solo
10-23-2010, 12:44 AM
:(

I'm not so much interested in suppressors as I am SBRs. I just really, really, really want one.

cmaynes
10-23-2010, 1:14 AM
For an SBR, that would definitely be true. But with regards to a silencer, IIRC, the NFA definition of "firearm" includes silencer, but the CGA defintion doesnt. So, I've heard that it isn't a violation to sell a silencer to someone in a different state (after approval, of course). A person that posts here on CGN got ATF to approve a Form 4 for a silencer purchase done in a different state, with the understanding that the silencer would never enter CA. But when someone asked on an NFA-centric forum how that would be possible, dealers there didnt think it was possible.

Since it requires a Police sign off, unless there was some pre-arrangement I would think that the signature would need to happen in the city or county of your residence. If you had a residence in a free state, you probably would be good provided the LEO was ok with the item. Regrding the Trust route- that is in flux as I understand and you would be wise to talk to a working attorney who specializes in NFA law- you can find a bunch of them in Small Arms Review.

B Strong
10-23-2010, 8:13 AM
Let me clarify that if I am legally allowed to purchase it will NEVER enter this state!
A friend is moving back to CA, he legally owns a silencer is a different state. Would is be legal and possible for my to transfer the silencer and stamp, and keep it stored at a secured facility in NV?
If I can get a stamp transferred to me would it be legal?

Absolutely legal, as long as you have a legit residence in the state where the transfer would be approved.

Many Ca. shooters have taken this route for NFA ownership.

B Strong
10-23-2010, 8:17 AM
For an SBR, that would definitely be true. But with regards to a silencer, IIRC, the NFA definition of "firearm" includes silencer, but the CGA defintion doesnt. So, I've heard that it isn't a violation to sell a silencer to someone in a different state (after approval, of course). A person that posts here on CGN got ATF to approve a Form 4 for a silencer purchase done in a different state, with the understanding that the silencer would never enter CA. But when someone asked on an NFA-centric forum how that would be possible, dealers there didnt think it was possible.

Possible in theory, but unless you have a corp. you still need the CLEO sign-off, and I would imagine that it would take a pretty close relationship with a CLEO to get the signature without being a resident of that jurisdiction.

The out-of-state residence in an NFA friendly local is a surefire method.

CHS
10-23-2010, 10:46 AM
This is one of the many reasons why we all need to pay close attention to this case:

http://wiki.calgunsfoundation.org/index.php/Dearth_v._Holder

NightOwl
10-23-2010, 5:33 PM
This is one of the many reasons why we all need to pay close attention to this case:

http://wiki.calgunsfoundation.org/index.php/Dearth_v._Holder

That looks interesting.