machine guns and new law
- Thread starter Donkey
- Start date
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Really? I mean, . . . I know that you need a letter from a local LEO, but that's not state. If you form a LLC, that's state, but not required by the state.
I don't have any class III toys, so please enlighten me. What paperwork is required by the state?
I've been wrong before and likely will be again.
The same state form that is required to be filled out for all SBR, SBS, AOW, suppressors and machine guns and submitted to the state.
This paperwork will no longer be required as of 8/1/13. This is a good thing.
At one time, it took the state 3-5 business days to approve the form. Now, since everyone is playing with class III items, the wait is considerably longer.
JR1572
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Now let me clarify:
This is good for us law abiding folks. However, it takes a valid criminal charge away from state and local law enforcement.
JR1572
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the dubshow
master plinker
Can state/local law enforce a federal law? Say you stumble on someone who possesses a machine gun. It isn't reg with batf. Do you have to call them to report/enforce violation?
And I assume someone using a nfa item illegally likely has priors and doesn't care if a law is there or not.
And I assume someone using a nfa item illegally likely has priors and doesn't care if a law is there or not.
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Local and state LE cannot enforce federal laws. You have to notify them, and it goes from there.
JR1572
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SpeedRacer
Well-Known Member
How does that typically play out? I remember for instance that nutjob in Houma caught an illegal SBR charge (last year?). Does that mean the charges were made by the BATFE? He was arrested on other charges as well so it seems straightforward (BATFE can investigate while he's in custody), but let's say local LE comes across a guy breaking know laws but NFA, how does that go down? For example someone gets pulled over for something minor (say brake tag), is acting squirrely and officers have PC to dig deeper. In the car they find an unregistered sawed off shotgun or SBR. How would that work? Assuming the NFA violation is the only charge, could local LE detain him and contact the feds? Or would they take the gun, contact the feds and have to let the dude go?
Other side of the coin, let's say a house is raided and a drug dealer is arrested on multiple felonies (distribution charges and illegal possession of a weapon for example) and the weapon is a sawed off shotty, does local LE even bother contacting the feds?
Always been curious about that.
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I seem to remember reading that it would still have to comply with federal registration but I can't find it in the LA code. So if you had any NFA that wasn't registered with the Feds it would still be a violation of state law for which state LE could arrest you.
I once assisted a fugitive recovery team apprehend a wanted felon. He was busted with drugs and a sawed off shotgun and the feds were immediately contact to add the federal charges. Most LE are more than happy to add as many charges as they can and cooperate inter-agency with BATFE and FBI and other members of the federal alphabet soup
Last case I had I made the arrest for the state charge and the ATF was notified and came to the scene. The US Attorney's office declined to prosecute the case, but it was prosecuted at the local level and subsequently resulted in a conviction.
Currently, with the state charge, I would still notify the ATF and charge them with the state violation. If the US Attorney's office decides to prosecute, that's fine. If not, that's fine also.
Without the state charge, I would have notified the ATF proceeded from that point. What would happen after that point would be merely speculation...
Hope that clears anything up.
JR1572
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