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Discussion in 'Carolina Glockers' started by *ASH*, Dec 21, 2009.
im to tired and bored to look it up
I don't know all the fine points, but I do know we are fortunate enough to get to own them. There are a couple at Duncans Gun Shop in N. Wilkesboro that can answer most questions. They sell them there and are usually fairly good to work with.
We can own suppressors in nc with chief law enforcement sign off or a trust. The best thing to do is to call a class III dealer in your area and talk with them on the subject. They can tell you a little more in detail about the process. I used a trust so cant tell you what all is involved by getting your sheriff to sign off. If you have any more questions feel free to ask I'll try to help as much as I can about the process I went through
[FONT=Arial, Arial, Helvetica]CLASS 3 OWNERSHIP IN NC[/FONT] [FONT=Arial, Arial, Helvetica] So, you want to own a suppressor (or any NFA item) in NC...What is the process and are there any pitfalls you ask? Well, here is an excerpt from the NC NFA Defense Association that may help explain things a little better:[/FONT]
[FONT=Arial, Arial, Helvetica] It is not very easy to come by a signoff in NC in some cases, if you are located in Cumberland. Durham or Wake Counties it is a near impossibility. If you, in fact, actually reside elsewhere, you may have a better chance at a signature from the CLEO (which in NC, if you did not already know, is the Sheriff of the county in which you reside). There are several options for ownership, none of them are specifically illegal in NC, that being said, there are no provisions in NC firearms law that specifically state that they are a legal course of NFA ownership either. NC is very restrictive when it comes to NFA ownership in specific. [/FONT]
[FONT=Arial, Arial, Helvetica] The following statement is from the President of the NC NFA Defense Association:[/FONT]
[FONT=Arial, Arial, Helvetica] The desire to own NFA firearms is certainly understandable. They are the ultimate prize for firearms collectors and enthusiasts. However in our great state of North Carolina (NC) the items are becoming extremely difficult to obtain. One must remember that the more restrictive statute of law is the one by which we must abide, federal or state makes no difference.
Since the infamous AG opinion letter of 1999, the statutes under NC law have been pushed and evermore strictly enforced.. It has become very difficult to obtain a CLEO signature for the purpose of procuring a NFA weapon in most NC counties, and in several localities it is virtually impossible.
Unfortunately the rampant push for a "revocable trust" is no solution in this state either. NC law has no exception or allowance for a "Trust". We can find no legal way to use a Trust in NC strictly for the purpose of procuring NFA weapons. People often want to use a Corporation or LLC to obtain NFA devices.. this too is wrought with pitfalls, as the LLC or Corporation would have to be a Firearms business (FFL) or some form of Weapons Research firm in order to comply with NCGS 14-288.8.
DO NOT be foolhardy and "try" to read something into the NC Statutes that is not there, as the most negative interpretation possible will be taken by the prosecutor were you to become a test case. Before entertaining the idea of obtaining NFA weapons in NC, it is imperative that one fully read and understand NCGS 14-288.8 and 14-409. Then we strongly advise you to go sit down with your "CLEO" (chief law enforcement officer) and make your case with them. DO NOT make a public discuss or spread your intent around the CLEO's office, talk to him, and him alone if at all possible.
Make no mistake, your CLEO is under no legal obligation to sign anything, it is at his sole discretion. If your CLEO thinks you comply with NC law, and will sign your forms, then ownership is just a matter time and money. If however, the CLEO refuses to sign the forms for any reason, your options become EXTREMELY limited. The current political climate of NC precludes us from speculating as to whether your CLEO will or will not sign your forms. Also as a matter of professional courtesy we would not publicly divulge the identity of any CLEOs who have signed in the past, because we do not know their current requirements or policies.[/FONT]
[FONT=Arial, Arial, Helvetica] If you need any further assistance, or explanation, please do not hesitate to contact us at firstname.lastname@example.org . You may also check out our web site at http://www.angelfire.com/nc3/ncnfada for further info and links to NC firearms statutes.[/FONT]
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OP, I suggest you do your own research about this, test case?!?... make up your own mind and assess your own risks, like many things in North Carolina, the fact that it is not written as law does not make it illegal... like open carry
and by the way, I am not a lawyer, but I AM going the trust route!!!
I have used Trusts for aging family members to hold assets until their passing here in NC and other states.
You might have better luck just talking to your CLEO to get his to sign off on the BATFE Form 4.
Your CLOE will have to sign off on the BATFE from 4 no matter who or what ( corporation or trust) has ownership.
again Good Luck