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It is currently Thu Apr 25, 2024 2:28 am
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Who can demand to see your stamps and under what conditions?
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PinSniper
Site Supporter
Location: Seattle Joined: Wed Dec 21, 2016 Posts: 765
Real Name: Erik
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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."
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Fri Oct 11, 2019 12:55 am |
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Kgbsucka
In Memoriam
Location: Gig Harbor Joined: Fri Mar 18, 2011 Posts: 1829
Real Name: Nick
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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.
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Fri Oct 11, 2019 4:00 am |
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MyNameIs940
Site Supporter
Location: Kirkland Joined: Wed May 30, 2018 Posts: 820
Real Name: Shawn
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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
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Fri Oct 11, 2019 6:38 am |
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