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HB 650 and NFA

1K views 6 replies 7 participants last post by  Steel Popper  
#1 ·
So...looks like if the gov signs HB 650 that trusts are no longer in question. If the ATF approves your Form 1 or 4 you're good to go:

(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."

And explanation if you don't like legal terminology:

These two sections together re-write the strangely titled “Weapons of Mass Death and Destruction” law in NC. They make it clear that so long as you own the weapon in accordance with the applicable Federal Law, you can own NFA items here in NC. This will prevent annoying Sheriffs from trying to prosecute you for owning a NFA item with a Trust instead of by getting the Chief Law Enforcement Officer sign off, which your Sheriff wasn’t going to give you anyway.
 
#2 ·
Too bad it won't do away with the need to get an MG permit from the sheriff... or simply force the sheriff to sign for NFA items if you pass all backround checks or if you have a CHP. If you have a CHP they have no reason not to sign IMO.
 
#5 ·
I want to build a SBR I know I need the form 1 , here in Johnston County the fingure prints done for my CCW were electronic not the old ink and roll , with those on the data base do you still have to send copy of fingure prints with Form 1 to atf?
 
#6 ·
I want to build a SBR I know I need the form 1 , here in Johnston County the fingure prints done for my CCW were electronic not the old ink and roll , with those on the data base do you still have to send copy of fingure prints with Form 1 to atf?
Form 1's done with a trust don't need fingerprint cards or passport sized photos. Doing the sheriff sign off requires them as you are submitting it as an individual.
 
#7 ·
Under extreme negative pressure by the corrupted exNCAG Mike Easley, John Aldridge, and Roy Cooper current NCAG for CLEOs to refused signature on Form4s hasn't been challenge in court at this point. In order to receive a MG county permit one must convince your CLEO that you apply to one of the following 5 clauses. No government state body has set legal guidelines as to how one can apply so it's completely up to the CLEO's personal opinion.

MACHINE GUNS
It is unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess a machine gun. This also includes any frame or receiver of such a weapon, or parts used in converting a weapon into a machine gun. State law requires a permit to possess the weapon from the sheriff. Federal law does not automatically legitimize the possession of a machine gun in the various counties of North Carolina, nor does such federal licensing require the sheriff to issue a permit for the possession of such a weapon.
http://www.nraila.org/statelawpdfs/NCSL.pdf

This prohibition does not apply to the following:
1. banks, merchants, and recognized business establishments for use in their respective places of business. However, these persons must first apply to and receive from the sheriff of the county in which their business is located, a permit to possess the weapon for the purpose of defending their business;

2. officers and soldiers of the United States Armed Forces, when in the discharge of their official duties;

3. officers and soldiers of the Militia, when being called into actual service;

4. officers of the state, or county, city or town, charged with the execution of laws of the state, when acting in the discharge of their official duties; and

5. 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 a permit to manufacture, use, or possess the weapon has been obtained by the sheriff of the county in which the weapon is located.
http://www.grnc.org/firearms.htm

We would need our state reps to incorporate another pro-gun law to allow CCW Licenses to over ride current MG county permits similar to Sheriff's pistol permits as is and that's very doubtful in the near future because of Paul "Skip" Stam as NC State Republican Majority House Speaker and we all know how he weakened the HB650 bill.

However Tennessee State Courts were overwhelmed with lawsuits against CLEOs refusing to sign form4s. So Tennessee past a state law that CLEO's couldn't refuse signatures unless the applicant couldn't past the NCIC System or had a felony record.

http://harrislawoffice.com/content/areas_of_practice/tennessee_firearms/machine_guns.htm

Machine gun ownership: no state restrictions, compliance with federal law only…
http://www.gunlawguide.com/Tennessee.htm

However Revocable Living Trust has worked well for suppressors, SBS, and SBR, which doesn't require a county permit under NC gun laws.

Hopefully the CSF members will help me in the future to campaign against Roy Cooper not to retain any political office and I would love to see the worst of the worst NC political anti-gunner JOHN J. ALDRIDGE, III to be removed from public office forever by replacing all NCAG staff.

Republican Bob Crumley didn't lose by a large margin to Roy Cooper's 08 re-election so I believe we stand a real good chance in Nov, 2012 of overcoming Roy Cooper's intimidation and threats of prosecuting CLEOs that may sign Form4s for NC citizens.
http://www.digtriad.com/news/story.aspx?storyid=113513