Who in RI has a silencer

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Who in RI has a silencer

Postby newportri » Sun Dec 24, 2017 12:30 am

I am looking at this report from the ATF and they say there are 29 registered silencers in RI as of 2016. 11-47-20 prohibits them and I don't see any exemptions to them like there are for machine guns, SBS, and SBR... I'm curious who have them, but I bet it's some LE agency who has given them more authority than they legally can.. I don't have any NFA weapons, but doesn't the local LE need to approve ATF applications for NFA weapons?

https://www.atf.gov/resource-center/doc ... s/download

I know the DEM thought they could give permission a couple of years ago...

http://www.golocalprov.com/politics/ric ... r-canceled
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Re: Who in RI has a silencer

Postby rijohng » Sun Dec 24, 2017 3:39 pm

I’m guessing SWAT units...
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Re: Who in RI has a silencer

Postby newportri » Mon Dec 25, 2017 12:22 am

rijohng wrote:I’m guessing SWAT units...

Where in RI are they exempt from criminal statutes? I don't see any exemptions for them, but if there is something I have missed please let me know.
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Re: Who in RI has a silencer

Postby cookiecutter » Wed Dec 27, 2017 2:03 pm

I wouldn't know who has these suppressors, but CLEO sign-off for NFA is only required when the applicant is an individual. If a corporation or trust is applying for the tax stamp, then there is no requirement for a CLEO sign-off or even a CLEO notification. That is probably the biggest reason that people set up trusts for their firearms, although there are other advantages (e.g. co-trustees are all owners, so it makes it very easy to share toys with co-trustees, even when they live in different states).

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Re: Who in RI has a silencer

Postby SirSqueeboo » Wed Jan 03, 2018 3:53 am

cookiecutter wrote:I wouldn't know who has these suppressors, but CLEO sign-off for NFA is only required when the applicant is an individual. If a corporation or trust is applying for the tax stamp, then there is no requirement for a CLEO sign-off or even a CLEO notification. That is probably the biggest reason that people set up trusts for their firearms, although there are other advantages (e.g. co-trustees are all owners, so it makes it very easy to share toys with co-trustees, even when they live in different states).

CC


41P/F changed all that. The trust is no longer a convenient route, CLEO notification is necessary and prints/photos of everyone on the trust are needed. It pretty much negates the trust route as a means to easy NFA ownership.

All thanks to the traitors at NFATCA. :evil:
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Re: Who in RI has a silencer

Postby Uncle Duke » Wed Jan 03, 2018 2:05 pm

SirSqueebo is probably right about the transfers in RI being to law enforcement officers. If the CLEO signed off on these transfers, they probably broke both state and federal law, as their signature on the Form 4 attested that they know of no legal reason that the individual could not legally possess an NFA firearm. It is likely that that the NFA Branch approved the transfer because the CLEO signed off, even though it clearly states on Form 4, "ATF will not approve an application if the
transfer or possession of the firearm is in violation of State or local law."

However, possession of an NFA regulated firearm which was inadvertently approved by the NFA Branch would be a violation of the law and have serious consequences for the possessor.

All NFA transfers to law enforcement agencies do require BATFE approval (on Form 5), they do not require CLEO signatures for approval for transfer, just for application to the NFA Branch. The only entity that does not require a Form 5 for government entities is the U.S. Government.
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Re: Who in RI has a silencer

Postby newportri » Thu Jan 04, 2018 3:44 am

If the ATF actually let them be registered I think it was done in error to LEO. I doubt the ATF know every state law and probably assumed LE could have them since I bet must States allow them.
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Re: Who in RI has a silencer

Postby Uncle Duke » Thu Jan 04, 2018 4:46 pm

Actually, the inspectors at the NFA Branch in WV are pretty on top of things, although mistakes do happen. I suspect that they either allowed a transfer to the department or that someone wasn't paying attention.
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