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.php?t=10073&highlight=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.
have you even tried going to your CLEO?
NC is a will sign state, i took mine to him,
it was signed and back in my hot hands in one day…
First off, I have SEVERAL F4’s on my Trust…so it is a valid means of transfer.
Second, NC is NOT a WILL SIGN state…please site where you’re getting this info.
Sounds like I’m being rude but I’m honestly curious.
Respectfully,
MCASgt New River
No one has to “will sign” anyhting NFA. If the CLEO wants to refuse that is his right unless you can show otherwise.
Thank you. I just read the brief.
i was going by something i was told, and now im thinking that i was told wrong, and that i should check first before speaking.
Ok now you guys are worrying me, I was planning on getting an SBR now I’m a bit confused.
I know for a fact that SBR’s can be obtained in NC by using the Trust method, but apparently, it appears to be against NC general statute. So even know the federal government will allow it, the state of NC will not. That is what it being fought in the supreme court right now, I believe.
Interesting thread, thanks for the info. I recently moved to Wake County in NC so I followed some of the advice here with regards NFA items.
One of the gentlemen I wrote to at PDHSC stated “The Wake County Sheriff is a good sheriff but he will not sign off on your Class III items.”
Ah well.
Sheriff Donnie Harrison is a good guy. Very quick to issue CHPs and generally no issues if you have no issues in your background.
NC Sheriffs have been brow beaten by Asst AG John Aldridge. The AG’s office makes life unpleasant for sheriffs who do sign forms for citizens. Politics at play here in NC.
Regardless of what you read here, I would seek legal advise before considering the trust or LLC route to ownership of NFA items in NC. NC laws are very specific to the means by which ownership of “weapons of mass destruction” (NC legal definition of SBRs, SBSs, suppressors, other NFA items). Trusts and LLCs WITHOUT an FFL are not considered legal means to ownership according to opinions filed in NC court by John Aldridge. This does not mean you can not do it…just means they are not legally recognized vehicles of ownership in NC.
I am not an attorney. I have talked to John Aldridge about this matter; there is no doubt to Mr. Aldridge’s opinion on ownership and the NC law. It is questionable if Mr. Aldridge would prosecute a NC citizen with McDonald v. Chicago pending before SCOTUS. However, if SCOTUS rules for Chicago (lets hope not), NC citizens can expect Mr. Alridge to work through his stack of forms received from NFA Branch which do not conform to the provisions of ownership outlined in North Carolina General Statute § 14-288.8
Chris Tilley (owner of PDHSC) is the go-to guy in Wake County. Many connections and his advise is always spot on!
Doesn’t PDHSC sell suppressors and the like? What’s his advice to Wake County residents (or any NC resident) for lawful purchase of class III items? CLEO sign off…?