Suppressor Use by Minor

[morgaj1]

My 16yo son is an avid hunter and we hunt together all the time. He is obviously old enough to sit by himself. Is it legal for him to hunt with a suppressor that is mine? I am planning to add him to my trust when he turns 18, but am curious about how that works now.

 

[TN2shot07]

My understanding is that until he’s 18 and in the trust you or someone on the trust are supposed to be with him when it’s being used.

 

[Rzrbck918]

No but...if I was on private land.

 

[Addicting]

Wouldn’t care, if that is what a warden wants to do to earn his paycheck let him. Them checking the ATF jurisdiction is the last thing they want to do in the woods.

 

[jt13]

Technically? I believe you should be in physical control of it. Realistically, unlikely to be an issue unless you're in a place with a state law that says suppressor possession is considered illegal until proven otherwise.

EDIT: For example here's what PA State Law looks like. They leave a pretty good exception in there for allowing the possession of what would otherwise be a "prohibited offensive weapon" if it is unlikely to be used unlawfully :



§ 908. Prohibited offensive weapons.

(a) Offense defined.--A person commits a misdemeanor of the first degree if, except as authorized by law, he makes repairs, sells, or otherwise deals in, uses, or possesses any offensive weapon.

(b) Exceptions.--

(1) It is a defense under this section for the defendant to prove by a preponderance of evidence that he possessed or dealt with the weapon solely as a curio or in a dramatic performance, or that, with the exception of a bomb, grenade or incendiary device, he complied with the National Firearms Act (26 U.S.C. § 5801 et seq.), or that he possessed it briefly in consequence of having found it or taken it from an aggressor, or under circumstances similarly negativing any intent or likelihood that the weapon would be used unlawfully.

(2) This section does not apply to police forensic firearms experts or police forensic firearms laboratories. Also exempt from this section are forensic firearms experts or forensic firearms laboratories operating in the ordinary course of business and engaged in lawful operation who notify in writing, on an annual basis, the chief or head of any police force or police department of a city, and, elsewhere, the sheriff of a county in which they are located, of the possession, type and use of offensive weapons.

(3) This section shall not apply to any person who makes, repairs, sells or otherwise deals in, uses or possesses any firearm for purposes not prohibited by the laws of this Commonwealth.

(c) Definitions.--As used in this section, the following words and phrases shall have the meanings given to them in this subsection:

"Firearm." Any weapon which is designed to or may readily be converted to expel any projectile by the action of an explosive or the frame or receiver of any such weapon.

"Offensive weapons." Any bomb, grenade, machine gun, sawed-off shotgun with a barrel less than 18 inches, firearm specially made or specially adapted for concealment or silent discharge, any blackjack, sandbag, metal knuckles, any stun gun, stun baton, taser or other electronic or electric weapon or other implement for the infliction of serious bodily injury which serves no common lawful purpose.

 

[LuketheDog]

My 16yo son is an avid hunter and we hunt together all the time. He is obviously old enough to sit by himself. Is it legal for him to hunt with a suppressor that is mine? I am planning to add him to my trust when he turns 18, but am curious about how that works now.

Not legal unless you're with him, until he's on the trust.

 

[cgasner1]

I dont think I’d let my 16 year old throw it in his truck and go hunting by himself. If we where hunting together and he was by himself I wouldn’t care may turn into a fafo situation I guess

 

[Doublecluck]

ATF most wanted! The white tennis shoes are more scary than the can.

 

[Forkyfinder]

There's nothing in the NFA regarding possession of - only to purchase. Like firearms- I guess. There's nothing stopping a kid from possessing a firearm - just not purchasing. I wouldn't really worry about it they're in a trust.

You could always call your local atf agent. They're probably a lot more decent than you think.

Edit : I'm incorrect- have to be 18 to be a "co trustee"

 

[Sheltowee]

There's nothing in the NFA regarding possession of - only to purchase. Like firearms- I guess. There's nothing stopping a kid from possessing a firearm - just not purchasing. I wouldn't really worry about it they're in a trust.

Not sure I agree with that. The NFA defines "transfer" extremely broadly, to include loaning. To my understanding, the trustee has to remain in close enough proximity to maintain physical control of the NFA item should the need arise.

https://www.atf.gov/firearms/docs/undefined/atf-national-firearms-act-handbook-chapter-9/download

 

[Forkyfinder]

Not sure I agree with that. The NFA defines "transfer" extremely broadly, to include loaning. To my understanding, the trustee has to remain in close enough proximity to maintain physical control of the NFA item should the need arise.

https://www.atf.gov/firearms/docs/undefined/atf-national-firearms-act-handbook-chapter-9/download

In the event they are in trust, how is this a transfer?

Guide to Adding a Trustee to a Gun Trust

You can legally allow someone to processand use a suppressor you buy by setting up and adding them to a trust. Here's how you do it.

www.silencercentral.com

 

[ismith]

Wouldn’t care, if that is what a warden wants to do to earn his paycheck let him. Them checking the ATF jurisdiction is the last thing they want to do in the woods.

LOL, I’m sure there’s more than one. ATF will mess your ass up, literally and figuratively.

 

[Addicting]

LOL, I’m sure there’s more than one. ATF will mess your ass up, literally and figuratively.

Meh, I will take my chances letting my kid use it while we are in the field.

Crime of the century

 

[Sheltowee]

In the event they are in trust, how is this a transfer?

Guide to Adding a Trustee to a Gun Trust

You can legally allow someone to processand use a suppressor you buy by setting up and adding them to a trust. Here's how you do it.

www.silencercentral.com

The trust is the legal entity owning the trust assets, so no different than if an individual owner of an NFA item loans the item to another party. If both parties are listed as trustees under the trust, no transfer occurs because the asset remains in the possession of the trust.

*Not to be considered legal advice, consult an ATF/Second Amendment expert for your own

 

[brymoore]

In the event they are in trust, how is this a transfer?

Guide to Adding a Trustee to a Gun Trust

You can legally allow someone to processand use a suppressor you buy by setting up and adding them to a trust. Here's how you do it.

www.silencercentral.com

I thought a person must be 18 to be in the trust. It’s the age I added my sons to the trust.

 

[Forkyfinder]

I thought a person must be 18 to be in the trust. It’s the age I added my sons to the trust.

You're correct, I was wrong.

 

[kodiakisland]

A 16yo can not legally possess a NFA item. You would have to be close enough to be considered in control of the item.

Around here we don't worry about such things, but every where is different. You know your local LE and should abide accordingly.

I know several people who have brought back suppressors from Africa. They just call them "muzzle devices". Maybe that's what you could tell the game warden if he asks.

 

[COEngineer]

If you have an ATF agent show up at your hunt, you're doing something wrong. If your game warden arrests your kid for an illegal suppressor, he's doing something wrong.

 

[seeth07]

Not entirely related to a NFA item but on the firearm front, wasn't this brought forward when that kid (17yo I think) from Illinois came up to Kenosha during the protest and shot that guy in self-defense? He was legal to possess the firearm at 17, just not legal to buy it. Similar to a NFA item?

 

[brymoore]

Not entirely related to a NFA item but on the firearm front, wasn't this brought forward when that kid (17yo I think) from Illinois came up to Kenosha during the protest and shot that guy in self-defense? He was legal to possess the firearm at 17, just not legal to buy it. Similar to a NFA item?

Laws are stricter for the NFA items. The suppressor is supposed to be in possession or in close proximity of an approved owner. The owner is required to have the tax stamp on them as proof of approval by the ATF.

You can’t just let your kid use the suppressor when not in an approved person’s presence.