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Thread: Suppressors in NC?

  1. #1
    Regular Member firedog's Avatar
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    Suppressors in NC?

    Hello all, looking for some advice.
    I will be relocating to NC in the near future from FL. I currently own a couple of suppressors. I called the NC states attorney office today to ask about bringing the suppressors with me. I was told that “you cannot own a suppressor in NC unless you are law enforcement or US Military/Government agency”. I know this is crap as is most advice/answers you get from a lawyer in the states attorney’s office. He referred me to NC statue 14-288.8 (b) & (C3) which does indeed say:

    ”14.288.8 section (C3) - 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”.

    However section (2) of which he referred me to says unless you are a (paraphrased) “collector of firearms, licensed under the laws of the United States or the State of North Carolina,”.

    He closed by suggesting I contact a personal lawyer for legal advice before I bring them to NC. So that is my question. Does anybody have any NC lawyers that can offer advice on this subject matter before I move up there? Also reference to any NC statue sections other than 14-288.8. These suppressors are owned in an Florida NFA trust, if that has any additional hurdles.

    I also stopped in at the local sheriff's office and he also said noway, not in his county. I thought that CLEO only needed to sign off on the purchase as an individual. This is the reason I used an NFA trust to buy mine in FL.

    Thanks in advance. firedog@cfl.rr.com

    http://www.ncga.state.nc.us/gascript...atute=14-288.8
    2A - "Shall not be infringed". Our fathers said so!
    All that is required for evil to prevail is for good men to do nothing.

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    I can't really inform you too much other than I know that you can have suppressors in the state of NC legally. What I also know is that getting your paperwork done in NC is horribly painful and finding people to sign off on some things is almost impossible. Try asking someone from the NFA about transferring it from a FL paperwork to NC because they would know and probably be most helpful.

    I hope you can find somebody that can guide you with the forms fast but just don't take no for an answer because you have a right to own them here whether some idiot chief doesn't want them in his county.

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    Quote Originally Posted by Captain Spankz View Post
    I can't really inform you too much other than I know that you can have suppressors in the state of NC legally. What I also know is that getting your paperwork done in NC is horribly painful and finding people to sign off on some things is almost impossible. Try asking someone from the NFA about transferring it from a FL paperwork to NC because they would know and probably be most helpful.

    I hope you can find somebody that can guide you with the forms fast but just don't take no for an answer because you have a right to own them here whether some idiot chief doesn't want them in his county.
    yeah, problem with NC is most sheriffs (i thought law enforcement was the friend of the gunowner?) wont sign off.

    the other problem is the trust route, is supposedly illegal. some lawyers swear it is, others say it isnt. the the AG said its illegal, but many many people use trusts to possess class III in NC. from my understanding, its legal under federal law, but some wording in a state statute can be interpreted to forbid it.
    you might also want to check with some local gun shops where you plan on moving and they sometimes are 'in' with the sheriff and can tell you if they sign off on form 4 / class III stuff or not.
    but apparently most DONT.
    Last edited by brutus1776; 05-09-2012 at 09:20 PM.

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    Quote Originally Posted by firedog View Post
    Hello all, looking for some advice.
    I will be relocating to NC in the near future from FL. I currently own a couple of suppressors. I called the NC states attorney office today to ask about bringing the suppressors with me. I was told that “you cannot own a suppressor in NC unless you are law enforcement or US Military/Government agency”. I know this is crap as is most advice/answers you get from a lawyer in the states attorney’s office. He referred me to NC statue 14-288.8 (b) & (C3) which does indeed say:

    ”14.288.8 section (C3) - 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”.

    However section (2) of which he referred me to says unless you are a (paraphrased) “collector of firearms, licensed under the laws of the United States or the State of North Carolina,”.

    He closed by suggesting I contact a personal lawyer for legal advice before I bring them to NC. So that is my question. Does anybody have any NC lawyers that can offer advice on this subject matter before I move up there? Also reference to any NC statue sections other than 14-288.8. These suppressors are owned in an Florida NFA trust, if that has any additional hurdles.

    I also stopped in at the local sheriff's office and he also said noway, not in his county. I thought that CLEO only needed to sign off on the purchase as an individual. This is the reason I used an NFA trust to buy mine in FL.

    Thanks in advance. firedog@cfl.rr.com

    http://www.ncga.state.nc.us/gascript...atute=14-288.8
    If you want to contact a lawyer I would suggest Dan Hardway.
    http://www.grnc.org/resources/gun-friendly-lawyers

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    Completely legal in NC. Most everyone that purchases one has it in a trust as hardly any Sheriffs will sign off on it. The dealers get a judge in Fayetteville (who is also a class III FFL) to sign off on it. Do your federal paperwork and ignore the locals as it is none of their business.

    The only way a lawyer's advice will be of any use to you is if you have him on retainer to show up if any problems arise.
    Last edited by NC-Heel; 05-09-2012 at 11:58 PM.

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    Regular Member Dreamer's Avatar
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    Quote Originally Posted by brutus1776 View Post
    the other problem is the trust route, is supposedly illegal. some lawyers swear it is, others say it isnt. the the AG said its illegal, but many many people use trusts to possess class III in NC. from my understanding, its legal under federal law, but some wording in a state statute can be interpreted to forbid it.

    Well, the BATFE disagrees with the NC AG, because they have allowed THOUSANDS of Class II devices to be transferred to NC Trusts over the years.

    I don't know of a single Trust that has been prosecuted per the AG's "opinion".

    The simple fact is that Trusts for the purpose of transferring and possessing Class III devices are 100% legal in NC. They are not prohibited.

    And Class III devices are ALSO 100% legal for individuals to own under NC law--IF you can get CLEO sign-off (or if you transfer it to a trust).

    The AG's office lied to you--which isn't the first time they have lied to someone from OCDO on 2A issues.

    Hopefully, when Governor Bev packs up her U-Haul and heads out of town next January, she will take her cadre of Constitution-hating attorneys from the NC DOJ with her to whatever god-forsaken cess pit she plans to inhabit...

    Check these links:

    http://www.northcarolinaguntrustlawyer.com/

    http://www.ncestateplanningblog.com/...ny-advantages/

    http://www.angelfire.com/nc3/ncnfada/

    http://www.ncsilencer.com/Home.html

    http://www.guntrustlawyer.com/states/north-carolina/

    Here is the thing though--you are NOT "transferring" these Class III devices (as in a new purchase). You ALREADY own them legally and lawfully. You are only changing your residency. You need to inform the BATFE that you are moving to NC so they have that in their Class III records, but I cannot find ANY restriction under NC law that requires you to get CLEO approval for a previously-owned and already legally transferred Class III device when you move into NC if you ALREADY OWN the device.

    You need to contact a lawyer that specializes in Class III and NFA issues in NC. If you DO run afoul of NC law, it is a serious felony, so spend a little money and get thee to an attorney...
    Last edited by Dreamer; 05-10-2012 at 12:33 AM.
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
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    Quote Originally Posted by NC-Heel View Post
    Completely legal in NC. Most everyone that purchases one has it in a trust as hardly any Sheriffs will sign off on it. The dealers get a judge in Fayetteville (who is also a class III FFL) to sign off on it. Do your federal paperwork and ignore the locals as it is none of their business.

    The only way a lawyer's advice will be of any use to you is if you have him on retainer to show up if any problems arise.
    Which judge is that?

  8. #8
    Regular Member firedog's Avatar
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    Quote Originally Posted by cricketdad View Post
    If you want to contact a lawyer I would suggest Dan Hardway.
    http://www.grnc.org/resources/gun-friendly-lawyers
    cricketdad: That's what I was looking for, a known, used & recommended name. Thank you.

    Quote Originally Posted by Dreamer View Post
    The AG's office lied to you--which isn't the first time they have lied to someone from OCDO on 2A issues.

    http://www.northcarolinaguntrustlawyer.com/
    http://www.ncestateplanningblog.com/...ny-advantages/
    http://www.angelfire.com/nc3/ncnfada/
    http://www.ncsilencer.com/Home.html
    http://www.guntrustlawyer.com/states/north-carolina/

    Here is the thing though--you are NOT "transferring" these Class III devices (as in a new purchase). You ALREADY own them legally and lawfully. You are only changing your residency. You need to inform the BATFE that you are moving to NC so they have that in their Class III records, but I cannot find ANY restriction under NC law that requires you to get CLEO approval for a previously-owned and already legally transferred Class III device when you move into NC if you ALREADY OWN the device.

    You need to contact a lawyer that specializes in Class III and NFA issues in NC. If you DO run afoul of NC law, it is a serious felony, so spend a little money and get thee to an attorney...
    Dreamer, thanks for the info.

    Here's what I've been lead to understand. Seeing that I already own the suppressors and they are in a trust I can move to NC, bring them with me and "should not" have a problem. My FL trust lives on just like an asset trust for banking and real estate. Seeing that it was drafted while I was a resident of FL it remains an entity regardless of where I live now or in the future. Even though NC CLEO & States Atty. office says no (which is bull) they are legal in NC and I don't need CLEO's permission once they are legally owned according to ATF form 4. I would only need CLEO's permission to buy as an individual which I'm not doing.

    As for ATF notification Form 5320.2, according to them & it is my understanding that no notification is needed for suppressors, only Automatics, SBR's & explosives require notification. All of this is being told to me by a FL lawyer who admits he is not up on NC laws and advises me to contact an NC lawyer to verify his info. What I fear is that local LEO will use NC statue 14-288.8 to put me in cuffs, detain me in lock up for a few nights only to later have the charges dropped by the states attorney.

    Now that I have some recommended names I will be contacting one and hopefully have my ducks and knowledge in a row before I get to NC...
    Last edited by firedog; 05-10-2012 at 08:10 AM.
    2A - "Shall not be infringed". Our fathers said so!
    All that is required for evil to prevail is for good men to do nothing.

  9. #9
    Regular Member firedog's Avatar
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    Just an update,
    I got a call back from the States Attorney's office today who wanted to let me know that he informed me wrong yesterday. He was reading from an old statue. Apparently NC changed the state statues this December that does indeed allow suppressors with the proper federal licences and local jurisdictional requirements. Still researching those but I am impressed that the states attorney's office took the time to call me back with his corrections. If this is indicative of NC I think I'm going to like living there.

    Still researching NFA trust attorneys in NC to answer the question as to whether my FL trust is valid for suppressor possession in NC. My Florida attorney says yes but in the same breath says contact an NC lawyer familiar with NFA trust law.
    Last edited by firedog; 05-10-2012 at 03:03 PM.
    2A - "Shall not be infringed". Our fathers said so!
    All that is required for evil to prevail is for good men to do nothing.

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    Regular Member ncwabbit's Avatar
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    they must be members of this fine forum and reading about their misadventures...

    wabbit
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    A person who has for untold centuries maintained the imposing position of spiritual head of four-fifths of the human race...
    All religions issue bibles against him, and say the most injurious things about him, but we never hear his side. (twain)

  11. #11
    Regular Member bigl0af's Avatar
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    There is a gun store in Wilson that sells suppressors, black creek guns iinm is the name. Call them as a starting point perhaps?

    Sent from my SPH-D710 using Tapatalk 2

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    Quote Originally Posted by cricketdad View Post
    Which judge is that?
    OK, it has been a while since I bought a suppressor so my info might be a little dated. I guarantee that there is still a go-to judge for suppressors and I bet it is not Chief Justice Parker. I hope it is Justice Timmons-Goodson, she looks like she might be strapping.
    Last edited by NC-Heel; 05-10-2012 at 10:07 PM.

  14. #14
    Regular Member Dreamer's Avatar
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    Quote Originally Posted by ncwabbit View Post
    they must be members of this fine forum and reading about their misadventures...

    wabbit

    Believ eme, the NC AG's office DEFINITELY watches OCDO.

    They've had their eyes on me and several other members for a few years, because some of us have no problems "stirring the pot" and going to the media and the legislature with their shenanigans...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggression—and this is hogwash."
    --Barry Goldwater, 1964

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    I have a trust that owns cans in the state. It is not illegal. However it is difficult. Technically if you own it already I am pretty sure that all you need to do is file the relocation ATF form.

  16. #16
    Regular Member firedog's Avatar
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    Quote Originally Posted by Lawmaker View Post
    I have a trust that owns cans in the state. It is not illegal. However it is difficult. Technically if you own it already I am pretty sure that all you need to do is file the relocation ATF form.
    What I'm being told is ATF doesn't care where you take them once you own them. That is as long as you do not revoke the trust and you comply with state law.
    Form 5320.20 (relocation, transport) only applies to Automatics and SBR's. However, if you do file the 5320.20 form they will advise you of the state laws that apply to the particular state you intend to travel/relocate to or through for NFA class III. I have only gotten this information from a single phone call so I only take the advise on a sceptical belief. I intend to do more research when the move is closer. I have found that much of the information you get is interpretation and it sometimes contradicts.
    Last edited by firedog; 05-12-2012 at 09:16 PM.
    2A - "Shall not be infringed". Our fathers said so!
    All that is required for evil to prevail is for good men to do nothing.

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    Quote Originally Posted by NC-Heel View Post
    OK, it has been a while since I bought a suppressor so my info might be a little dated. I guarantee that there is still a go-to judge for suppressors and I bet it is not Chief Justice Parker. I hope it is Justice Timmons-Goodson, she looks like she might be strapping.
    That would probably be Justice Ed Brady. I made the mistake once of calling him Judge and he corrected me. Not judge but Justice.

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