Can any of you guys please give some recommendations for a good NFA Trust Attorney in North Carolina. I'm looking to go the trust route a NFA purchase and would like to contact a reputable attorney. Thanks in advance for any assistance provided.
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Can any of you guys please give some recommendations for a good NFA Trust Attorney in North Carolina. I'm looking to go the trust route a NFA purchase and would like to contact a reputable attorney. Thanks in advance for any assistance provided.
Please refer to NC Statute listed here...
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
Ownership of commonly labeled "NFA items" by private citizens of North Carolina is prohibited by state statute unless one of the qualifying requirements can be applied. Note pages 24, 25 and 26.
A trust is not a qualify document. Obtaining a FFL Type 1 or 7 with a SOT will satisfy the legal hurdle.
Eric Rogers, Esq is a very knowledgeable 2A attorney located in Charlotte.
http://www.slk-law.com/attorneys/default.aspx?id=1548
Munch,
Would a Type 3 C&R qualify? As exceptions listed are collectors.
CD
I am not an attorney and would not want to give you an opinion. Best to call Eric Rogers with legal questions.
Asst Attorney General John Aldridge is very aggressive enforcing NC firearms statutes with the assistance of NFA Branch. If you file a Form 1 or 4, Mr. Aldridge will be notified.
If your county Sheriff will sign off on the form, you may be OK. Absent a sign off, ownership under NC law becomes problematic. Another question for Mr. Rogers.
Get good legal advice and avoid a potential costly mistake.
A good write up here... Scroll down the page for info regarding Class III Ownership in NC.
http://www.pdhsc.com/class_iii.htm
I know of someone who obtained his tax stamp by going the living revocable trust route with no problem for his SBR. A NC resident. I don't remember there being any problems for him during the paperwork etc.
I don't know if it will help you, but there is some good information on this thread:
https://www.m4carbine.net/showthread...North+Carolina
No one ever stated there would be a problem with NFA Branch issuing a tax stamp for a NC resident.
The issue is complying with NC statute not Federal law.
I guess I'm having a hard time understanding. Are you saying that, although federally the NC resident is in compliance, he/she may be unlawfully following a state statute? Simply stated... ok federally speaking, but can still "get in trouble" under a state law?
Follow the NC DOJ link to NC statute regarding NFA item ownership in NC.
Without CLEO sign off on the Form, avenues to ownership in NC are very limited. NC law does not allow for trust or LLC (without a FFL) ownership.
The key to trouble-free NC private citizen ownership is CLEO signoff. Regrettably, very few county sheriffs will sign a Form 1 or 4. The CLEO sign off must be by the sheriff in the county of your legal domicile.
Call Eric Rogers, Esq.. Legal advice from a very reputable NC 2A attorney is important to trouble free ownership in NC.
Asst Attorney General John Aldridge is very aggressive pursuing violations of NC firearm statutes.
Call Assistant Attorney General John Aldridge. He is very approachable and will answer all of your firearm questions in regards to NC law. He can be reached at.....
Mr. John J. Aldridge, III
Special Deputy Attorney General
N.C. Department of Justice
P.O. Box 629
Raleigh, NC 27602
919-716-6500
While NC is considered to a be fairly pro-firearm state, the state does have more restrictive statutes to NFA ownership than allowed under federal law.
Interestingly, the more restrictive state statutes could be ruled unconstitutional if the Supreme Court rules for McDonald in McDonald v. Chicago. Ironically, this case hinges on the 14th Amendment, not 2A. The question to be decided, is 2A "incorporated" into 14A and thereby applies to "states and localities".
Hopefully, SCOTUS will have a favorable decision for McDonald making this whole discussion mute.