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Thread: buying a type 3 item

  1. #1
    Regular Member papa bear's Avatar
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    buying a type 3 item

    hey gang, i know we have had small discussions in other threads but i think this issue could use its own thread. sorry if it has already been done

    some things i am curious about;

    i think i understand the trust thing, it is like you are making a entity to buy the item, and as far as i can tell you do not have to have the local high authority permission to purchase the item. do you have to inform them that you are purchasing the item?
    can a corporation do the same thing? once you get the trust (corp.) set up do you just go to the gun dealer and fill out a certain form? give them the name of the trust (corp.)?
    how long does this last, in other words do you have to renew this over a time period? or is it from now on?
    do you still have to pay for a separate stamp ea. item you purchase?

    can anybody else think of any pitfalls or traps that can screw you up


    anybody want to take a stab at why this works and you can't buy a type 3 as an individual?
    could be the legislature was to lazy to change the laws and made this as a new thing
    Luke 22:36 ; 36Then said he unto them, But now, he that hath a purse, let him take it, and likewise his scrip: and he that hath no sword, let him sell his garment, and buy one.

    "guns are like a Parachute, if you don't have one when you need it, you will not need one again"
    - unknown

    i you call a CHP a CCW then you are really stupid. period.

  2. #2
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    No need to inform you the highest ranking LEO in your area of purchase. You need the tax stamp ($200) for each item. The tax stamp does not have an expiration. You could do a corporation but a trust is the easiest to set up, maintain and add trustees to.

  3. #3
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    Find someone that sells what you want and talk to them. Most of the dealers will walk you through the trust process. Some sheriffs will sign and some will not. The trust takes that out of the equation. And from what I understand a trust makes it easier to pass these items along to family, you just add them to the trust. I've looked into it a bit, but can't speak definitively on much. IIRC, full auto does require a permit from the Sheriff. Those seem to be tougher to get. That's one of the angles they tried to take with Dr. Land in Waxhaw. Tried to say that even though he had the permit he had no legitimate business use for it.

  4. #4
    Centurion
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    From my understanding establishing a NFA trust and making the purchase through the trust will completely eliminate the need for the "chief LEO " sign off for ANY class 3 item!
    Last edited by JoeSparky; 07-24-2012 at 01:36 PM.

  5. #5
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    I meant to post this last night but too lazy to look it up. I'm not sure the trust overrides this particular statute, but I don't know for certain. I know the trust works for SBR, SBS, and silencers.


    14‑409. Machine guns and other like weapons.
    (a) As used in this section, "machine gun" or "submachine gun" means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger. The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
    (b) It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section: Provided, however, that this subsection shall not apply to the following:
    Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; 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 when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located; a person who lawfully possesses or owns a weapon as defined by Subsection (a) 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. Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.
    (c) Any person violating any of the provisions of this section shall be guilty of a Class I felony.

  6. #6
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    There are varying 'opinions' on whether possessing CLASS III items in a trust is 'legal' in NC.

    Lots of people do it, although some claim it wont hold up in court, based on an opinion put out by the AG.
    I dont have a dog in it, but if I were purchasing a class III item, I'd go the trust route, set up by the gun trust lawyer

    The trust does avoid the finger prints and CLEO sign off.
    Last edited by brutus1776; 07-30-2012 at 09:10 AM.

  7. #7
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    Trust or Not, the BATFE twits won't approve the transfer of ANY NFA type device, tool, or weapon that would result in your possession of a STATE level prohibited item.
    RIGHTS don't exist without RESPONSIBILITY!
    If one is not willing to stand for his rights, he doesn't have any Rights.
    I will strive to stand for the rights of ANY person, even those folks with whom I disagree!
    As said by SVG--- "I am not anti-COP, I am PRO-Citizen" and I'll add, PRO-Constitution.
    If the above makes me a RADICAL or EXTREME--- So be it!

    Life Member NRA
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    2nd amendment says.... "...The right of the people to keep and bear arms SHALL NOT BE INFRINGED!"

  8. #8
    Regular Member WTFOVER's Avatar
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    As a Class 3 dealer myself everything said so far is correct. Can not posses a full auto in NC. Supressors and SBR's are however legal to posses and own.

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