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Discussion in 'NFA & Class III Discussion' started by dubs chops, Jun 15, 2010.
I was trying to reduce the impact on others while I dumped a mag into the bad guy, officer!!
And under state law SBR's and SBS's aren't legal either. The law specifically outlaws them but then states that proper registration of them shall be a defense against prosecution. You could be arrested and charged for possesion of a SBS or SBR over and over, but you have a defense against prosecution and would walk everytime provided your NFA paper work was in order.
So if I have a ruger MKII and it's loaded I would be good to go, the same should certainly apply to my ruger MKII with an integral or thread on supressor. The SDA and statutes are silent on this one as far as I can tell.
Supressors are only mentioned in hunting regulations nothing under firearms.
I say if you're under 16" attached you are god to go.
Telling the judge that it's okay to do because bettingpython issued an opinion that it was alright to do is not a defense against prosecution in the state of Oklahoma.
IMHO, it really doesn't matter what the law says about this and that. When you're detained by a police officer, state trooper, sherrif's deputy or any other law enforcement personnel, if their interpretation does not match the "letter of the law", you're pretty much screwed if they decide to make life difficult for you.
Then the lawyers have to sort it all out.
stewball is more correct than any of us....sadly.
Just to be argumentative.................does the SDA allow holsters? How about aftermarket sites? Lasers? Pinky extentions? Lights on rails?
You see my point....if the law does not prohibit something, then it is legal! Laws are restrictions, not allowances......free country and all........
That almost sounds like the reasoning for the "suppressed hunting" legislation.
I do see your point and I agree that if the law does not prohibit something, then it is legal. However, holsters, aftermarket sites, lasers, pinky extentions, lights on rails, etc.. are not defined as firearms. A suppressor is defined as a firearm (even though I do not think it should be). If the SDA only allows a handgun to be carried, then it does not allow any other firearm to be carried. That is the point I was trying to make and it is just my interpretation.
On the other side of the coin, I would have to ask why you would want to carry a suppressed handgun. Unless it is an intergrally suppressed gun like a Ruger MkII, I would think that it would be harder to conceal, slower to draw and, like Stewball pointed out, would probably subject you to stricter scrutiny by LE if you ever had to use it. I do not see any advantage to carrying a suppressed CCW. Don't get me wrong, I like suppressors (I have 4 myself), I just don't know why anyone would want to carry with one.
As always, YMMV
The SDA allowes concealed handguns to be carried under the SDA. There is nothing in Title 21 that prevents the carry of silencers or suppressors under any circumstances firearm or not.
Is there anything in the SDA that prevents me from carrying a MG?
I believe an MG would fall under the definition of an SBR in the definitions in the SDA (barrel <16" and a rifle) so yes.
But if you had your CCW, the SDA may allow you to carry your -16 mag loaded in your car. I'm no lawyer and I don't have title 21 in front of me right now so you have to make your own choices.