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Thread: NFA TRUST ATTORNEY IN NC

  1. #21
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    Nevermind... did a quick search and I took this from their website...

    http://www.pdhsc.com/class_iii.htm (or see below)

    "CLASS 3 OWNERSHIP IN NC
    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:

    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.
    The following statement is from the President of the NC NFA Defense Association:

    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.
    If you need any further assistance, or explanation, please do not hesitate to contact us at ncnfada@yahoo.com . You may also check out our web site at http://www.angelfire.com/nc3/ncnfada for further info and links to NC firearms statutes."
    Last edited by AEROX711; 12-07-09 at 10:43.

  2. #22
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    So if I have NFA items in Florida would I not be able to transfer them to NC?

    Or am I confused?

  3. #23
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    I have never done a change of address for item location.

    If it requires the filing of a new Form 4, that could be problematic without CLEO (County Sheriff) sign off in NC and not done in compliance with NC statute.

    Best to seek legal advise. Call Eric Rogers, at 704-375-0057. He is with the law firm Shumaker, Loop & Kendrick, LLP in Charlotte.
    Last edited by Munch; 12-10-09 at 11:46.

  4. #24
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    Question Sorry to resurrect a thread that's nearly a year old.....

    Sorry to resurrect a thread that's nearly a year old. But this was one of the most useful threads I turned up searching for info on an NFA Trust for NC. I too am a Wake Co. resident and understand our sheriff will still not sign-off on anything NFA. I'd really like to get an SBR lower registered and perhaps a can later on.

    Has the seemingly positive 2A outcome of McDonald v. Chicago changed anything now regarding trusts in NC?

    Are we still without a solid legal means of acquiring a SBR in NC without CLEO sign-off?

  5. #25
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    If you have questions or doubts, I suggest calling Gregory Herman-Giddens, JD, in Pittsboro. (919) 642-0115.

  6. #26
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    I've never heard of anyone who has had trouble with. Standard Revocable Living Trust.....whether it be by Attorney or Quicken. Has anyone heard or witnessed otherwise?

  7. #27
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    Quote Originally Posted by wahoo95 View Post
    I've never heard of anyone who has had trouble with. Standard Revocable Living Trust.....whether it be by Attorney or Quicken. Has anyone heard or witnessed otherwise?
    My Sheriff signed my Form 4 for transfer of my MAC10 smg to my trust. He didnt see a problem with it nor did the ATF.
    Saiga S12 is my new Homeland Defense weapon.

  8. #28
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    Quote Originally Posted by MCASSgt New River View Post
    My Sheriff signed my Form 4 for transfer of my MAC10 smg to my trust. He didnt see a problem with it nor did the ATF.
    Ok let me first say that I do not have any NFA items so take this with a grain of salt. However, the issue isn't with your Sheriff or the ATF; the problem is with the state legislature. I just spoke with one of the respected Class III dealers in the area at a gun show this weekend and because of the gray area within the law he recommended against a trust in NC and said he always encouraged just getting an LEO sign-off.

  9. #29
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    Quote Originally Posted by wahoo95 View Post
    I've never heard of anyone who has had trouble with. Standard Revocable Living Trust.....whether it be by Attorney or Quicken. Has anyone heard or witnessed otherwise?
    http://www.guntrustlawyer.com/2010/0...garding-Recent
    ATF Rumor regarding Revocable Gun Trusts- Don't be fooled by ATF Approval of Invalid Trusts
    September 12, 2010
    Posted In: ATF / BATFE , Criminal Penalties , FAQ's , How to Purchase a NFA Title II (Class 3) Firearm
    By Jacksonville Foreclosure Lawyer, David M. Goldman on September 12, 2010 8:05 AM | Permalink
    Recently we have begun hearing that the ATF is no longer requiring a Schedule A and/or an Assignment of Assets with a Trust. While we have not been able to verify this with ATF at this time, we would still suggest sending in these documents with your trust for approval. Remember that just because ATF approves your trust, they are not stating your trust is valid, only that it meets their limited review of criteria. We have seen many cases where the ATF approves trusts that are not valid and subject the individuals to potential criminal charges, confiscation, and fines of up to $250,000 per offense.
    There are significant advantages of using an Assignment sheet over a schedule of assets or as some trusts refer to it "a Schedule A". While most believe that the registration of firearms has been shown to be one of the first steps in the confiscation of firearms by the government, there are many individuals who unknowingly and freely give the ATF a complete list of their firearms by using a Schedule A. An assignment sheet can still transfer assets into a trust, but not create a full list of the assets and become part of the trust document. This additional privacy is an important advantage to using a NFA Gun Trust like we have created. To find out more about Gun Trusts or have your trust reviewed for problems with the NFA contact a Gun Trust Lawyer by email or call us.
    Categories:
    ATF / BATFE,
    Criminal Penalties,
    FAQ's,
    How to Purchase a NFA Title II (Class 3) Firearm


    This is why I would use a lawyer well read in NFA law........YMMV.....
    Last edited by Dr Dues; 10-21-10 at 15:18. Reason: clarification

  10. #30
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    Ok I realize this is and big time necro bump but came across this thread again and a couple of links in my reading lately and it seemed like the most applicable place for it.

    It looks like the whole "is a trust valid for NFA items in NC" confusion has been resolved. Or at least appears to be as of HB650 becoming effective on Dec 1, 2011. It seems that if your forms get approved with a trust and you're in adherence with federal law then your good to go on the state level as well.

    http://www.guntrustlawyer.com/2011/0...usts-mach.html
    http://www.angelfire.com/nc3/ncnfada/ (the second one is hard to read because of the crazy background they picked but is doable if you highlight the text)
    Last edited by Icculus; 06-27-12 at 15:08.
    Quote Originally Posted by d90king
    Play stupid games, win stupid prizes...

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