Canadians

 

Legal.

According to the law, only fully-automatic weapons cannot be used. I finally took a hunter safety course this month, and asked the wildlife officers that were there. It's page 41 in the handbook.

There's a combination of rules out there dealing with hunting with WMD, and an SBR is considered a WMD in NC, but there's an exception for those licensed by the US to own the weapon.

Here's a post where I asked the same question recently, including the WMD issue I mentioned above.

I understand that it is written like that but the statutes do not reflect that. Look at what I posted those are the current statutes. SBRs are not excluded per statute.

Also can you post the exception? The statue not the hunter book.

 

It is not legal, the Hunters book is wrong, look at the statues the only thing allowed is a suppressor. A SBR is still considered a WMD and is not legal.

§ 113-291.1. Manner of taking wild animals and wild birds.
(c) It is a Class 1 misdemeanor for any person taking wildlife to have in his possession
any:
(1) Repealed by Session Laws 2013-369, s. 23, effective October 1, 2013.
(2) Weapon of mass death and destruction as defined in G.S. 14-288.8, other
than a suppressor or other device designed to muffle or minimize the report
of a firearm that is lawfully possessed by a person in compliance with 26
U.S.C. Chapter 53 §§ 5801-5871.

§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase,
delivery, or acquisition of weapon of mass death and destruction; exceptions.
(c) The term "weapon of mass death and destruction" includes:
(1) Any explosive or incendiary:
a. Bomb; or
b. Grenade; or
c. Rocket having a propellant charge of more than four ounces; or
d. Missile having an explosive or incendiary charge of more than
one-quarter ounce; or
e. Mine; or
f. Device similar to any of the devices described above; or
(2) Any type of weapon (other than a shotgun or a shotgun shell of a type
particularly suitable for sporting purposes) which will, or which may be
readily converted to, expel a projectile by the action of an explosive or other
propellant, and which has any barrel with a bore of more than one-half inch
in diameter; or
(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or
barrels of less than 18 inches in length or an overall length of less than 26
inches, any rifle with a barrel or barrels of less than 16 inches in length or an
overall length of less than 26 inches, any muffler or silencer for any firearm,
whether or not such firearm is included within this definition. For the
purposes of this section, rifle is defined as a weapon designed or redesigned,
made or remade, and intended to be fired from the shoulder; or
(4) Any combination of parts either designed or intended for use in converting
any device into any weapon described above and from which a weapon of
mass death and destruction may readily be assembled

 

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Guess my new SBR is coming with on Friday!!!

 

Canadians

 

About the same time the AR15 discussion was going on, I had a similar discussion on 68Forums. It's mixed in between some TX stuff, but you can read it here. One of the guys from NC got it in writing (via email) that SBRs were OK.

Would like to see that letter.

 

Canadians

 

You should probably read the statute you actually posted...

It says:

(2) Weapon of mass death and destruction as defined in G.S. 14-288.8, other

The section is all of .8 in this case. And the exception says that SBRs are not WMDs if they're legally owned as I stated above, with the Form 1 being my "permission slip".

Either way, you can leave yours at home if you wish...Jeremy and I will be the ones out there with the suppressed SBRs this year.

You should read it carefully. No where does it state that it is no longer a wmd. It says it is illegal to own wmd unless you fall I to one of the defined categories one of those being compliance with federal laws for an nfa item. It is and always will be a wmd per the nc statute I referenced.

Is it possible that nc wildlife does not care. Sure. But I would like to see it in writing. Also what is the risk of a regular Leo saying something and not be versed in what nc wildlife is enforcing.

Per the statute it is not legal.

 

sooooo hold up-
is your approved atf form 1 (the one we all get approving the trustee of ______ trust to possess and own an NFA item) the only proof you need?
OR
when you say "collector", are you talking about a seperate license, like a C&R license?
"I am a collector, licensed under the laws of the US, authorized to use that weapon because of my approved ATF Form 1."

 

Reson i am so interested is because I'm torn between the PWS mk212 (the one i really want) and the PWS Mk214(non-nfa due to pinned flash hider)
I would love to have a 13" .308 suppressed rifle to hunt with this year

ALSO- not that I don't believe you have a signed letter, but I would be interested in seeing it. More so, so that I can say "I've seen a letter that says it's ok", if anyone else asks me the same question. Thanks, and if you don't want to post it publicly ill shoot you my email,

Thanks for the info

 

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^ NOT arguing here, just needing a little clairifcation.
Is that ,14288.8, talking about hunting or ownership in general?

 

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so, if I am reading correct, you are using the 288.8 to back up that a legally owned SBR is not a weapon of mass destruction as described in the hunting statue 291.1

sorry if I am not understanding properly, but if it's legal I want to hunt with one.

 

This is where I disagree with BW, 288 says it is legal to own a WMD and defines what a WMD is, it does not say anywhere that once you own one legally that it is no longer a WMD. Statute 113 says how you can take game legally and refers to 288 for its definition of WMD. All I am saying is the regulations in the book and the actual statutes do not agree.

I am personally calling Raleigh later today and asking about it.

Also if someone has a letter it would be nice if a redacted copy was posted for all to reference.

 

Legal or not you would be well advised to have the statute tucked into your pocket. If not your shooter may be confiscated and you may even have to call your bondsman. I have a solution to said problem but cannot print it. Hunting quietly has it's bonuses.

 

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Good luck and thank you for taking the time to do that.

 

Talked to 3 game wardens at a local event. Consensus was it was not legal to hunt with an SBR. We talked suppressors to and I gave one of them some info on getting one. So it's not that they were anti NFA. I noticed that it was missing from this years regs too.

I'm sure NCWRC will get back to you with a thorough answer. They always did for me. This is something that needs to be clearly answered by them soon. They are going to run into this at some point.

 

Canadians

 

"Forget hunting for a second. 14-288.8 would say SBRs/SBSs are illegal to possess in NC" it does until you read section (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. This brings NC law into compliance with the federal laws governing title II ownership, essentially meaning - if the feds say it is okay then it's okay in NC. Prior to this revision, state and federal laws were in conflict.

I would argue SBR's are not legal under the provisions of 291.1, as NC law defines them as WMD, for hunting and would not want to risk using one until the statue is amended.

Yes, amending the law to allow SBR's for hunting is at the top of my agenda during the next legislative session. GRNC will be working closely with NC NFA DA to correct the situation. I trust I'll be able to count on everyone reading this to follow through by responding to any alerts we issue on this subject.

 

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I also sent a note to the Chief, Deputy Chief and legal counsel at NC Wildlife asking for a clarification if it was legal to hunt with a SBR.

 

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At this rate, I'm fairly certain we'll have a cornucopia of answers to choose from. Everybody can pic the one that suits them best. No way in the world we get the same answer from each source. (Of course, we can't be the first ones to ask these questions either).

That is why I went tot he top, figured they would be the definitive answer.