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Suppressors Tax stamp / paperwork - traveling with my suppressor question

Smitty192

Stand-up Philosopher
Supporter
Full Member
Minuteman
Feb 23, 2017
1,699
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Deep East Texas
What am I legally required to carry with me when I have my suppressor? Do I need have keep a copy of the paperwork / tax stamp with me at all times when I have the suppressor with me?

Are there any potential legal issues traveling out of state with a suppressor?

I just picked up my first cans and never looked into this.

Thank you.
 
I travel with mine all the time, but very aware of certain pass thru states the don’t play nice with the dreaded and dangerous suppressor.😁😁. Just be smart..
 
As mentioned above.

I use the iPhone / Cloud approach with copies of Stamps.

In theory you shouldn’t have to have a copy of an approved BATFE stamp on your person, it is a Tax Stamp, not a License; no more than having a roadside State Trooper requesting to see your driver’s license / insurance card and oh by the way your last year’s IRS 10-40 Form, please step of the car.
The Federal Law states “make available upon request”, so if an BATFE agent (not just any law enforcement agent) requests to present your NFA device documentation, you can “make it available” by faxing or emailing the documents to their regional office or invite them to follow you home to the documents right then if it’s important enough.

Crossing State lines, you need to file a request in advance with BATFE if you want to do it right. Usually you can make the document valid for one year if it is going to be a frequent event.

https://www.nationalguntrusts.com/b...20-20-application-to-transport-nfa-firearms-1


From the form:

BATFE -Proof of Registration  Form 1 Make Available Upon Request copy.png




Florida has an odd twist on suppressor,
"gun silencer" law.

There is no specific law directed at silencers under Florida state law.

A gun silencer falls under the definition of a “firearm”. Under Florida Statute Chapter 790 Section 790.001, the definition of a firearm is "any weapon (including a starter gun) which will, is designed to, or may readily be converted to expel a projectile by the action of an explosive; the frame or receiver of any such weapon; any firearm muffler or firearm silencer; any destructive device; or any machine gun...”

A SILENCER MODIFIED AS A ZIP GUN WOULD ABLE TO "EXPEL (QUIETLY ?) A PROJECTILE BY THE ACTION OF AN EXPLOSIVE"......BUT SO WOULD A COMMON PIPE ZIP GUN!

POSSESSION AND LAWFUL PURPOSES OF FIREARMS AND GUN SILENCERS

In Florida, it is lawful to own or possess and use a firearm, including a gun silencer. Under section 790.25 you may use a gun silencer with your weapon for the purpose of target practice and marksmanship on target practice ranges or other lawful places, such as your own property depending on your county and the acreage of your land; and for lawful hunting. It is also lawful to use a firearm and silencer in the defense of your home and your property.

While it is legal in Florida to own a gun silencer and a hand gun for target practice at practice ranges and legal hunting, the law does not allow a person to conceal and carry on their person a handgun with a silencer. Although in Florida it is legal to carry a concealed weapon if you have a license, a person may not carry a concealed weapon with a silencer.

By definition a concealed firearm only includes “a handgun, electronic weapon or device, tear gas gun, knife, or billie…” Silencers are not included within this definition. THIS IS CIRCULAR REASONING AS BOTH A SILENCER AND A HANDGUN ARE "FIREARMS" DEFINED BY LAW, SO ONE SHOULD BE ABLE TO CARRY CONCEALED & SILENCED.

Although Florida law prohibits the manufacturing of any destructive device, a gun silencer is not defined as a destructive device. However, you must be a licensed retailer in order to sell any firearms. The law would also require that you be a licensed retailer in order to sell gun silencers which are defined as firearms.

Concealing just a suppressor on your person, would be unlawful, unless you had a concealed weapons permit.
Go figure.
 
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