Suppressors Advice for a North Carolina NFA purchase...

[Matt.Cross]

I went and talked to my local sheriff this morning about signing off on an NFA purchase. It was just a preliminary talk to determine his opinion of NFA items and whether or not he objected to signing off on them. He told me that he is a fellow firearms enthusiast and that he would be happy to sign off on any NFA item, provided I could demonstrate that I fall into one of the categories provisioned by the North Carolina General Statutes.

The link for the NC Statute in question:GS_14-288.8

If anyone has done this and has some information that can help me, feel free to reply or PM me if you like. I simply need a solid, reasonable, legal basis why I am legally able to own a silencer. Thanks guys!

 

[762frmafr]

Re: Advice for a North Carolina NFA purchase...

Start a trust. Then you do not need his signature.

 

[Early Cuyler]

Re: Advice for a North Carolina NFA purchase...

But even as a trust, I don't see how he can "manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction" without falling into one of the exemption categories.

I guess since it specifically spells out "PERSON" and a trust isn't technically a person. That might be a loop hole.

Either way, good luck and hope it all works out for you.



P.S. Whoever wrote this statute and decided "Weapons of Mass Destruction and Death" was the best term to use obviously had an agenda.

 

[PLeighton]

Re: Advice for a North Carolina NFA purchase...

Matt,

I'm in NC and have gone through all of this.
Without getting into a bunch of long winded shit that always results in drama on the forums, here is the short version.

Get a C&R FFL to qualify for the NC "Licensed Collector" exemption.
(Enjoy the dealer prices that you can get from most places like Midway USA as well...)
Since you have already made friends with the Sheriff, you have the hard part already done.

In NC, it is better to go with CLEO sign off that Trust.
I'll clarifyit if you like when I have some more time.
(Trying to prep for Irene at the moment.)

If would like to get the full skinny off line, feel free to send me a PM.

Cheers,
Phillip
L8N

 

[Matt.Cross]

Re: Advice for a North Carolina NFA purchase...

Well, upon reading the statutes further, I noticed this:

<span style="font-weight: bold">The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line-throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, <span style="font-style: italic">or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code.</span></span>

The reference to Chapter 44 of Title 18 of the United States Code is also interesting, the good part is here.


The interesting portion reads like this:

<span style="font-weight: bold">The term ``destructive device'' shall not include any device which is
neither designed nor redesigned for use as a weapon; any device,
although originally designed for use as a weapon, which is redesigned
for use as a signaling, pyrotechnic, line throwing, safety, or similar
device; surplus ordnance sold, loaned, or given by the Secretary of the
Army pursuant to the provisions of section 4684(2), 4685, or 4686 of
title 10; or any other device which the Attorney General finds is not
likely to be used as a weapon, is an antique, <span style="font-style: italic">or is a rifle which the
owner intends to use solely for sporting, recreational or cultural
purposes.</span></span>


Hopefully I can make the argument that I fall into the legal categories by virtue of intent to use it strictly under recreational/sporting use.

 

[PLeighton]

Re: Advice for a North Carolina NFA purchase...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: 2010-NC-Firearms-gun-Laws.pdf</div><div class="ubbcode-body">The only persons allowed to own or possess a weapon of mass death and destruction,
as defined above, are the following:
1. persons exempted from the provisions of carrying a concealed weapon in
North Carolina, with respect to any activity lawfully engaged in while
carrying out their duties;
2. importers, manufacturers, <span style="color: #990000">dealers, and collectors of firearms</span>, ammunition,
or destructive devices validly licensed under the laws of the United States
or the State of North Carolina, while lawfully engaged in activities
authorized under their licenses;
3. persons under contract with the United States, the State of North
Carolina, or any agency of either government, with respect to any activities
lawfully engaged in under their contracts; or
4. inventors, designers, ordinance consultants and researchers, chemists,
physicists, and other persons lawfully engaged in pursuits designed to
enlarge the knowledge of, or to facilitate the creation, development, or
manufacture of weapons of mass death and destruction intended for use in
a manner consistent with the laws of the United States and the State of
North Carolina.</div></div>

Many NC Sheriffs interpret the NC statute to require that you either have a valid business to fulfill the "Research & Development" purpose or a C&R FFL to fulfill the "Validly Licensed Collector" purpose.
Having a C&R FFL is inexpensive ($30 for three years) and also has numerous other benefits such as dealer pricing from Midway USA.

 

[pfcustom]

Re: Advice for a North Carolina NFA purchase...

DR. Phil...the other Phil here.
I hope you don't get hit too hard, we are praying for our eastern NC neighbors.
Take care and best of luck.

Phil

 

[Playerz1337]

Re: Advice for a North Carolina NFA purchase...

On mine the dealer put on the form for scientific study or something. But it was signed off without question anyway...

 

[Matt.Cross]

Re: Advice for a North Carolina NFA purchase...

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: Playerz1337</div><div class="ubbcode-body">On mine the dealer put on the form for scientific study or something. But it was signed off without question anyway... </div></div>

I've already explained my reasons to the sheriff, BS will not fly. At this point, all he needs is a good explanation of why it's legal for me to own a suppressor.