NFA Gun Trust Lawyer Blog
The NFATCA had an article about a revision to NC Law that will put to rest the controversy over the use of Trusts and also apparently drop the Machine Gun Permit for residents of the state of North Carolina North Carolina HB650 was signed into law on June 23rd, 2011 and will become effective on December 1st 2011
H650 [Ratified] Page 5
SECTION 8. G.S. 14-288.8(b) reads as rewritten:
“(b) This section does not apply to:to any of the following:
(1) Persons exempted from the provisions of G.S. 14-269 with respect to any activities lawfully engaged in while carrying out their duties.
(2) Importers, manufacturers, dealers, and collectors of firearms, 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.
(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge 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.
(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871.
Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.”
SECTION 9. G.S. 14-409(b) reads as rewritten:
“(b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away,
dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business;
officers and soldiers of the United States Army,
when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties;the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located;
a person who lawfully possesses or owns a weapon as defined by subsection (a) of this section in compliance with 26 U.S.C.
Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.”
If you are looking to Get a Machine Gun in North Carolina, you will have to wait until December 1, 2011 unless your Sheriff will issue you a permit. For those who feel that current NC statutes do not permit the use of Trusts, you can starting using them on December 1, 2011. Our North Carolina Gun Trust Lawyer® has seen no provision in the old law which does not permit a Trust to own or purchase NFA firearms and has been providing them for several years without any rejections by the ATF. If you would like help creating a Gun Trust in North Carolina, Contact Us and we can give you more information on the process.