tenpercentfirearms |
08-12-2011 9:27 AM |
Why FFLs possessing AOWs and Silencers is legal.
Ok, this project is kind of so I can put this in a Word document and carry it around with my Form 3 as I transport AOWs and silencers about the state.
Special Occupational Tax (SOT): Any dealer can receive an SOT license, you simply apply. The tax year is from July 1 through June 30.
Once you have your SOT, you are federally allowed to possess, sell, and transfer NFA weapons.
However, the State of California limits the possession of machine guns, destructive devices, short barreled shotguns, and short barreled rifles. They do not limit FFL possession of Any Other Weapons (AOWS) and Silencers.
For AOWs
Quote:
PC 12020. (a) Any person in this state who does any of the following is punishable by imprisonment in a county jail not exceeding one year or in the state prison:
(1) Manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses ..... any cane gun or wallet gun, … any firearm which is not immediately recognizable as a firearm, any camouflaging firearm container,… any short-barreled shotgun, any short-barreled rifle ..... any unconventional pistol
(b) Subdivision (a) does not apply to any of the following:
(8) Any other weapon as defined in subsection (e) of Section 5845 of Title 26 of the United States Code and which is in the possession of a person permitted to possess the weapons pursuant to the federal Gun Control Act of 1968 (Public Law 90-618), as amended, and the regulations issued pursuant thereto. …. The exemption provided in this subdivision does not apply to pen guns.
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For silencers
Quote:
12500. The term "silencer" as used in this chapter means any device or attachment of any kind designed, used, or intended for use in silencing, diminishing, or muffling the report of a firearm. The term "silencer" also includes any combination of parts, designed or redesigned, and intended for use in assembling a silencer or fabricating a silencer and any part intended only for use in such assembly or fabrication.
12501. Section 12520 shall not apply to, or affect, any of the following:
(a) The sale to, purchase by, or possession of silencers by agencies listed in Section 830.1, or the military or naval forces of this state or of the United States for use in the discharge of their official duties.
(b) The possession of silencers by regular, salaried, full-time peace officers who are employed by an agency listed in Section 830.1, or by the military or naval forces of this state or of the United States when on duty and when the use of silencers is authorized by the agency and is within the course and scope of their duties.
(c) The manufacture, possession, transportation, or sale or other transfer of silencers to an entity described in subdivision (a) by dealers or manufacturers registered under Chapter 53 (commencing with Section 5801) of Title 26 of the United States Code, and the regulations issued pursuant thereto.
12520. Any person, firm, or corporation who within this state possesses a silencer is guilty of a felony and upon conviction thereof shall be punished by imprisonment in the state prison or by a fine not to exceed ten thousand dollars ($10,000) or by both.
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The Federal government is clear that your employees who are in possession of these items are not transferees
Quote:
9.5.2 Possession of firearms by employees of FFLs/SOTs for employers’ business purposes. No
“transfer” under the NFA occurs when an FFL/SOT permits a bona fide employee to take custody of its
registered NFA firearms for purposes within the employee’s scope of employment and for the business
purposes of the FFL/SOT. Therefore, no approved ATF transfer form is required when employees take
custody of firearms under these circumstances. In addition, the interstate delivery of a firearm to the
employee and the employee’s receipt of the firearm would not violate the GCA.
Section 12.4 Custody of NFA firearms by employees of FFLs/SOTs. It is common for employees of
FFLs/SOTs to take firearms registered to the FFLs/SOTs off-premises for display, demonstration, or
other purposes on behalf of their registered owners. This does not result in the “transfer” of
NFAfirearms requiring ATF approval and registration of the firearms to the employees as long as the
firearms are possessed for the employer’s business purposes and not for employee’s personal use.
Similarly, employees taking custody of firearms under these circumstances would not constitute a
“firearms disposition” that is required to be recorded in FFL/SOT’s acquisition and disposition records
(A & D Records). Although not legally required, FFLs/SOTs and their employees should consider
taking the following actions as a matter of good business practice:
(1) Keep a copy of the NFA registration document with each registered firearm.
(2) If the firearm is located in an area having State or local registration requirements, keep a copy of
the State/local registration document with the firearm.
(3) Where the firearm is taken off-premises for display, demonstration, or other purposes on behalf
of the registered owner, keep a copy of the NFA and State/local registration documents with the
firearm.
(4) Provide an employee having custody of the registered owner’s firearm away from the licensed
premises with a letter authorizing the employee to possess the firearm on the employer’s behalf.
These actions would help convince law enforcement authorities who encounter the firearm that the
FFL/SOT’s employee is in lawful possession of the firearm and that the firearm is not unlawfully
possessed and subject to seizure.
12.4.1 Who is an “employee” of an FFL/SOT? For purposes of this section, an “employee” is a bona
fide employee of an FFL/SOT on the FFL/SOT’s payroll. An “employee” is not a mere agent of the
FFL/SOT appointed temporarily to take possession of the registered owner’s firearm for a particular
mission. If an agent of an FFL/SOT, rather than a bona fide employee, takes possession of the
FFL/SOT’s registered firearm, a “transfer” occurs subject to registration, tax, and other provisions of the
NFA.
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And there you have it.
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