Conflicting information on someone using NFA weapons in your presence

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

  1. tnedator

    Lifetime Member

    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

    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.

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