Gun store Shooting Locations It is currently Thu Apr 25, 2024 2:28 am



Rules WGO Chat Room Gear Rent Me Shield NRA SAF CCKRBA
Calendar




Reply to topic  [ 138 posts ]  Go to page Previous  1 ... 6, 7, 8, 9, 10
 Who can demand to see your stamps and under what conditions? 
Author Message
Site Supporter
User avatar
Site Supporter

Location: Seattle
Joined: Wed Dec 21, 2016
Posts: 765
Real Name: Erik
So I think we're all very close to establishing what can or might occur with LEO for things like SBRs.

What about NFA items that are not referenced in RCW? Eg suppressors and AOWs?

It seems that there is ONLY federal law for such, which again, specifically restricts query of those stamps for the treasury.

"RCW 9.41.220
Unlawful firearms and parts contraband.
All machine guns, bump-fire stocks, undetectable firearms, short-barreled shotguns, or short-barreled rifles, or any part designed and intended solely and exclusively for use in a machine gun, short-barreled shotgun, or short-barreled rifle, or in converting a weapon into a machine gun, short-barreled shotgun, or short-barreled rifle, illegally held or illegally possessed are hereby declared to be contraband, and it shall be the duty of all peace officers, and/or any officer or member of the armed forces of the United States or the state of Washington, to seize said machine gun, bump-fire stock, undetectable firearm, short-barreled shotgun, or short-barreled rifle, or parts thereof, wherever and whenever found."


Fri Oct 11, 2019 12:55 am
Profile
In Memoriam
User avatar
In Memoriam

Location: Gig Harbor
Joined: Fri Mar 18, 2011
Posts: 1829
Real Name: Nick
LC

If we're truly going to look at this (and I just honestly want to understand) then perhaps trikes are an even greater parallel than cars.

Trikes are pretty rare, and require the rider to have not only a driver's license, but also a special trike endorsement.

RCW 46.20.500
Special endorsement—Exceptions. (Effective until January 1, 2020.)
(1) No person may drive either a two-wheeled or a three-wheeled motorcycle, or a motor-driven cycle unless such person has a valid driver's license specially endorsed by the director to enable the holder to drive such vehicles.


The rider is also required to have a license plate properly displayed. In addition, the rider must wear a DOT approved helmet, that get this, must have a Federal certification listed on the helmet (typically inside, at least in all of mine)

RCW 46.37.530
Motorcycles, motor-driven cycles, mopeds, electric-assisted bicycles—Helmets, other equipment—Children—Rules.
(1) It is unlawful:
(b) For any person to operate a motorcycle, moped, or motor-driven cycle which does not have a windshield unless wearing glasses, goggles, or a face shield of a type conforming to rules adopted by the state patrol;

(2) The state patrol may adopt and amend rules concerning standards for glasses, goggles, and face shields.
(3) For purposes of this section, "motorcycle helmet" means a protective covering for the head consisting of a hard outer shell, padding adjacent to and inside the outer shell, and a neck or chin strap type retention system, with the manufacturer's certification applied in accordance with 49 C.F.R. Sec. 571.218 indicating that the motorcycle helmet meets standards established by the United States department of transportation.



Now, it is plainly written out in an RCW that a rider MUST obey LEO requests in a traffic stop, but there has to be a violation.


RCW 46.61.021
Duty to obey law enforcement officer—Authority of officer.
(1) Any person requested or signaled to stop by a law enforcement officer for a traffic infraction has a duty to stop.
(2) Whenever any person is stopped for a traffic infraction, the officer may detain that person for a reasonable period of time necessary to identify the person, check for outstanding warrants, check the status of the person's license, insurance identification card, and the vehicle's registration, and complete and issue a notice of traffic infraction.
(3) Any person requested to identify himself or herself to a law enforcement officer pursuant to an investigation of a traffic infraction has a duty to identify himself or herself and give his or her current address.


Lets focus on the helmet for a minute (NFA item). LEO sees you riding a trike (shooting SBR) and knows that it requires an endorsement, registration & DOT helmet (Tax stamp). He THINKS the helmet you're wearing is not DOT approved (but it really is approved) as he passes you on the freeway because he saw another black helmet (some illegal SBR) yesterday that was a novelty helmet and looks just like yours. You are an endorsed rider and your registration is current and plate properly displayed. (Have my "papers") There are no issues with your trike, all required lights and equipment are present. (Rifle is legal and engraved)

Does he have PC to stop you and ask for an endorsement or proof of DOT helmet certification?

Keep in mind the above RCW which applies to traffic stops and arguably gives a LEO a lot of leeway that is NOT present on the NFA side. Even with that RCW I don't see PC just based on a hunch about a helmet, or even the trike license. Yes, they could make up another violation and they love to but that is not the point of this argument.

_________________
Armed insurance broker. ObamaCare, life, health, medicare.


Last edited by Kgbsucka on Fri Oct 11, 2019 6:43 am, edited 1 time in total.



Fri Oct 11, 2019 4:00 am
Profile
Site Supporter
User avatar
Site Supporter

Location: Kirkland
Joined: Wed May 30, 2018
Posts: 820
Real Name: Shawn
PinSniper wrote:
What about NFA items that are not referenced in RCW? Eg suppressors and AOWs?



Great point, there’s no rcw about destructive devices such as my m203. Which would mean by default it’s legal in Washington and there’s no reason ever for a LEO to ask for my stamp on it.


Sent from my iPhone using Tapatalk


Fri Oct 11, 2019 6:38 am
Profile
Display posts from previous:  Sort by  
Reply to topic   [ 138 posts ]  Go to page Previous  1 ... 6, 7, 8, 9, 10

Who is online

Users browsing this forum: No registered users and 75 guests


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum
You cannot post attachments in this forum



Rules WGO Chat Room Gear Rent Me NRA SAF CCKRBA
Calendar


Powered by phpBB® Forum Software © phpBB Group
Designed by ST Software for PTF.
[ Time : 8.165s | 17 Queries | GZIP : Off ]