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Conflicting information on someone using NFA weapons in your presence

Discussion in 'GATE NFA/Class III' started by tnedator, Oct 1, 2012.

  1. tnedator

    tnedator Lifetime Member

    May 22, 2009
    I've reading conflicting information on whether or not someone can use an NFA item, like a suppressor or SBR, in the presence of the owner (or trustee/authorized user in the case of a trust).

    I have read your responses that say it's ok to let someone use the NFA weapon, as long as you are at the range with them. I've read similar statements in many places, where if you are present, then the other person does not "posses" the NFA item.

    However, the information published by Guntrustlawyers (who I know you refer people to) seems to be that only authorized users (co-trustees in a trust or the individual the item was transferred to when not using a trust) can ever use the NFA item. That simply being present is not enough.

    Is there any type of documentation directly from the ATF or other controlling agency to help make sense of how the law is actually interpreted/enforced?

  2. Zak Smith

    Zak Smith 3Gunner Millennium Member

    Aug 25, 1999
    Fort Collins, CO, USA
    The interpretation that only the person named on the Form 1/4 can fire the item is not supported by standard operating procedures used at ranges and MG shoots around the country. That said, I don't have a reference to support it.

  3. cowboy1964


    Sep 4, 2009
    Yeah, look at machine gun shoots like Knob Creek in Kentucky. Do you think they could have those if only the registered owner could shoot them?

    That particular gun trust web site is flat out wrong about this.
    Last edited: Jan 9, 2016
  4. triggerjerk


    Dec 19, 2000
    It depends upon how the trust is worded.
    It may say only trustees, it may say anyone participating in shooting activities with a trustee(s).
    I am sure the ATF goes over the wording in such trusts and wouldn't issue a stamp if the wording was contrary to their stance on the law.
    Last edited: Jan 14, 2016
  5. fastbolt


    Jun 9, 2002
    CA Central Coast
    Probably best to get some actual legal advice from a licensed & practicing attorney familiar with the subject & relevant laws, especially in your state, don't you think?
  6. OkieGunNut


    Apr 18, 2010
    Let's see, we had a boy shoot himself in the head with a UZI machine pistol rented from a range and a girl shoot the range RO in the head with an UZI. These were select fire guns so I would say you can.
    The only time I have, not in the military or on the job, was a fellow coworker who brought his dads MAC 380 with a suppressor about 12" long and 2&1/2" in diameter. That thing would empty a thirty round mag in short order and the only sound was the bolt "clicking" back and forth.