300BLK suppressor

[oneyeopn]

You need the tax stamp (registration) to possess a silencer. It's a federal tax stamp, so it applies to every state. It can't be registered by the feds unless they have the serial number, so you buy it first, and the FFL in most cases holds it until the registration is complete (about 6 months).

Firearms - Frequently Asked Questions - National Firearms Act (NFA) - Firearms | ATF

I am sorry but some of the new legislation that has been passed in Kansas has Holder sending letters to our governor and threatening to sue our state. It does say in order to purchase one you have to have the stamp but you dont have to have one to possess one. God Bless Kansas In Kansas you can get a group of people together and form an LLC or an Estate and the LLC or Estate purchase the stamp and everyone in that group can possess and use the suppressor! It is also legal to hunt/fish/furharvest with a suppressor also but I am still trying to figure out how to fish with a suppressor! LOL

Under FEDERAL LAW, all NFA (National Firearm Act) items are legal for private ownership across the entire United States. This includes silencers. The restrictions for private ownership are set at the state level. Kansas has no restrictions for legal ownership of silencers, therefore silencers ARE LEGAL in Kansas.
To legally buy a silencer in Kansas (or any other state which allows them) you must be:

1. A citizen of the USA
2. Over 21 years of age
3. NOT a felon

... and, as stated above, you must reside in a state that allows private ownership of silencers.

Those are the only requirements for a person in the USA to legally own silencers!

 

[LbulletM]

In Kansas you can get a group of people together and form an LLC or an Estate and the LLC or Estate purchase the stamp and everyone in that group can possess and use the suppressor!

This is true for any state that allows legal possession of suppressors I believe.

I actually already bought the Quicken Willmaker software in order to set up a non-revocable living trust. This allows me to skip fingerprinting, passport photos, and having the local LE sign off on it. Also, if I got it as an individual, letting anyone including my family and girlfriend to use it would constitute a felony. Going the trust route, the can belongs to the trust and I can edit the trust at any time in order to make it legal for others (who I appoint as members of the trust) to shoot or even take possession of my suppressed/SBR'd rifle.

Either way, the ENTITY that owns the suppressor does need the $200 tax stamp, whether that entity is an individual or a trust/llc/etc.

 

[wass]

Yes, there is a trust set up for silencers. However, as one of the individuals in the trust, you must have possession of a copy of the registration/stamp when in possession of the silencer. If you are checked by a LEO, you need to show that you legally are in possession. If you can show me where I'm wrong, with a link to your information, please do. Thanks.

 

[oneyeopn]

Yes, there is a trust set up for silencers. However, as one of the individuals in the trust, you must have possession of a copy of the registration/stamp when in possession of the silencer. If you are checked by a LEO, you need to show that you legally are in possession. If you can show me where I'm wrong, with a link to your information, please do. Thanks.

I will

I had to post it below because I couldnt just peel the link out!

 

[oneyeopn]

Kansas Law Page 1

Here is the law. It takes effect July 1, 2013 and as I said "God Bless Kansas"

SENATE BILL No. 102 AN ACT
enacting the second amendment protection act.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Sections 1 through 11, and amendments thereto, may be
cited as the second amendment protection act.
Sec. 2. The legislature declares that the authority for sections 1
through 11, and amendments thereto, is the following:
(a) The tenth amendment to the constitution of the United States
guarantees to the states and their people all powers not granted to the
federal government elsewhere in the constitution and reserves to the state
and people of Kansas certain powers as they were understood at the time
that Kansas was admitted to statehood in 1861. The guaranty of those
powers is a matter of contract between the state and people of Kansas
and the United States as of the time that the compact with the United
States was agreed upon and adopted by Kansas in 1859 and the United
States in 1861.
(b) The ninth amendment to the constitution of the United States
guarantees to the people rights not granted in the constitution and re-
serves to the people of Kansas certain rights as they were understood at
the time that Kansas was admitted to statehood in 1861. The guaranty of
those rights is a matter of contract between the state and people of Kansas
and the United States as of the time that the compact with the United
States was agreed upon and adopted by Kansas in 1859 and the United
States in 1861.
(c) The second amendment to the constitution of the United States
reserves to the people, individually, the right to keep and bear arms as
that right was understood at the time that Kansas was admitted to state-
hood in 1861, and the guaranty of that right is a matter of contract be-
tween the state and people of Kansas and the United States as of the time
that the compact with the United States was agreed upon and adopted
by Kansas in 1859 and the United States in 1861.
(d) Section 4 of the bill of rights of the constitution of the state of
Kansas clearly secures to Kansas citizens, and prohibits government in-
terference with, the right of individual Kansas citizens to keep and bear
arms. This constitutional protection is unchanged from the constitution
of the state of Kansas, which was approved by congress and the people
of Kansas, and the right exists as it was understood at the time that the
compact with the United States was agreed upon and adopted by Kansas
in 1859 and the United States in 1861.
Sec. 3. As used in sections 1 through 11, and amendments thereto,
the following definitions apply:
(a) ''Borders of Kansas'' means the boundaries of Kansas described
in the act for admission of Kansas into the union, 12 stat. 126, ch. 20, §
1.
(b) ''Firearms accessories'' means items that are used in conjunction
with or mounted upon a firearm but are not essential to the basic function
of a firearm, including, but not limited to, telescopic or laser sights, mag-
azines, flash or sound suppressors, collapsible or adjustable stocks and
grips, pistol grips, thumbhole stocks, speedloaders, ammunition carriers
and lights for target illumination.
(c) ''Manufacture'' means to assemble using multiple components to
create a more useful finished product.
Sec. 4. (a) A personal firearm, a firearm accessory or ammunition that
is manufactured commercially or privately and owned in Kansas and that
remains within the borders of Kansas is not subject to any federal law,
treaty, federal regulation, or federal executive action, including any fed-
eral firearm or ammunition registration program, under the authority of
congress to regulate interstate commerce. It is declared by the legislature
that those items have not traveled in interstate commerce. This section
applies to a firearm, a firearm accessory or ammunition that is manufac-
tured commercially or privately and owned in the state of Kansas.
(b) Component parts are not firearms, firearms accessories or am-
munition, and their importation into Kansas and incorporation into a fire-
arm, a firearm accessory or ammunition manufactured and owned in Kan-
sas does not subject the firearm, firearm accessory or ammunition to
federal regulation. It is declared by the legislature that such component
parts are not firearms, firearms accessories or ammunition and are not
subject to congressional authority to regulate firearms, firearms acces

 

[oneyeopn]

SENATE BILL No. 102—page 2
sories and ammunition under interstate commerce as if they were actually
firearms, firearms accessories or ammunition.
(c) Firearms accessories that are imported into Kansas from another
state and that are subject to federal regulation as being in interstate com-
merce do not subject a firearm to federal regulation under interstate
commerce because they are attached to or used in conjunction with a
firearm in Kansas.
Sec. 5. A firearm manufactured in Kansas within the meaning of sec-
tions 1 through 11, and amendments thereto, must have the words ''Made
in Kansas'' clearly stamped on a central metallic part, such as the receiver
or frame.
Sec. 6. (a) Any act, law, treaty, order, rule or regulation of the gov-
ernment of the United States which violates the second amendment to
the constitution of the United States is null, void and unenforceable in
the state of Kansas.
(b) No official, agent or employee of the state of Kansas, or any po-
litical subdivision thereof, shall enforce or attempt to enforce any act, law,
treaty, order, rule or regulation of the government of the United States
regarding any personal firearm, firearm accessory or ammunition that is
manufactured commercially or privately and owned in the state of Kansas
and that remains within the borders of Kansas.
Sec. 7. It is unlawful for any official, agent or employee of the gov-
ernment of the United States, or employee of a corporation providing
services to the government of the United States to enforce or attempt to
enforce any act, law, treaty, order, rule or regulation of the government
of the United States regarding a firearm, a firearm accessory, or ammu-
nition that is manufactured commercially or privately and owned in the
state of Kansas and that remains within the borders of Kansas. Violation
of this section is a severity level 10 nonperson felony. Any criminal pros-
ecution for a violation of this section shall be commenced by service of
complaint and summons upon such official, agent or employee. Such of-
ficial, agent or employee shall not be arrested or otherwise detained prior
to, or during the pendency of, any trial for a violation of this section.
Sec. 8. A county or district attorney, or the attorney general, may
seek injunctive relief in any court of competent jurisdiction to enjoin any
official, agent or employee of the government of the United States or
employee of a corporation providing services to the government of the
United States from enforcing any act, law, treaty, order, rule or regulation
of the government of the United States regarding a firearm, a firearm
accessory, or ammunition that is manufactured commercially or privately
and owned in the state of Kansas and that remains within the borders of
Kansas.
Sec. 9. Sections 1 through 11, and amendments thereto, do not apply
to: (a) A firearm that cannot be carried and used by one person;
(b) ammunition with a projectile that explodes using an explosion of
chemical energy after the projectile leaves the firearm; or
(c) other than shotguns, a firearm that discharges two or more pro-
jectiles with one activation of the trigger or other firing device.
Sec. 10. Sections 1 through 11, and amendments thereto, apply to
firearms, firearms accessories and ammunition that are manufactured, as
defined in section 3, and amendments thereto, owned and remain within
the borders of Kansas on and after October 1, 2009.
Sec. 11. If any provision of sections 1 through 10, and amendments
thereto, or the application to any persons or circumstances is held to be
invalid, such invalidity shall not affect the other provisions or application
of sections 1 through 10, and amendments thereto, and to this end the
provisions of section 1 through 10, and amendments thereto, are declared
to be severable.

SENATE BILL No. 102—page 3
Sec. 12. This act shall take effect and be in force from and after its
publication in the Kansas register.
I hereby certify that the above BILLoriginated in the SENATE, and passed that body
SENATE adopted Conference Committee Report
President of the Senate.
Secretary of the Senate.
Passed the HOUSE as amended
HOUSE adopted Conference Committee Report
Speaker of the House.
Chief Clerk of the House.
APPROVED
Governor.


As you can see and as I told you Holder is raising cane with our Governor but we are not backing down!!

 

[LbulletM]

I think if the feds wanted to give you a hard time though, they still could. Kinda the whole marijuana is legal in certain states now, but the feds can still come in and shut down your operation because you're violating federal law.

 

[oneyeopn]

If you read the bill, the feds aren't allowed to come in an enforce the laws.....before I get a suppressor I am going to see how this all shakes out....It says right in there in section 7 that it is illegal and unlike a lot of states we don't have any love for the liberal numbnuts. There was a lot of research done to the making of this law, using the bill of rights and constitutional precedent. Unlike Arizona's immigration law Holder hasn't tried to sue the state yet. I agree there is some really iffy ground but I am proud of my states government and there are specific stipulations that do make this law enforceable here in Kansas! We are not going to let some crazy city dwelling east or west coast person, who's world is totally unlike ours try to tell us how we are going to do things. Colorado got themselves in a pickle but that is because most of Colorado has come from California. As the billboards in the central rockies say "Please don't Californicate Colorado" too late for that.

 

[oneyeopn]

I did make a mistake...the law is presently in effect. It has been published in the Kansas Register. The way they went around the federal laws is by having the item manufactured in Kansas and remains in the state! That way it is not part of interstate commerce which is regulated by the United States Government. At present it is the strongest Pro-2A law that has been enacted since all the anti-gun stuff has started in any state.

 

[LbulletM]

Hmmm. It says that it is illegal for them to do it, but that the actual officer would not be held so it would just be a court case between the state and the feds (my understanding from an admittedly fast reading). Sounds good in theory, but I wonder if they could swoop in, ruin some people's days, and then fight the court cases.

Either way, an awesome step made by Kansas, but I would definitely wait to see how it works out. Hopefully more states will follow suit.

 

[wass]

Well good luck with Kansas telling the feds what they can and can't do in Kansas! However, it is an interesting piece of legislation.

 

[oneyeopn]

It has its funky parts like, if a fed swoops in and does something he is not to be detained until after the trial and conviction. They did put some legal wiggle room in there but as a gun owner in Kansas it made me feel better about my state being proactive in protecting its citizens. It does state that if the 2nd amendment was repealed, that action would make this law unenforceable.

 

[oneyeopn]

I was right the first time it takes effect July 1st and there has been no legal action taken against it....Unless the threat of Obama signing the UN Small Arms treaty they think will take care of it.