Posted: 5/4/2008 2:52:50 AM EDT
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I just moved from MT back to NC (I'm in the AF) and had a couple of questions regarding my NFA items. I own 2 cans and 1 SBR and the 5320.20's have been approved etc. Just wandering if anyone has had any trouble from Local LEO and asked to produce papers that were approved in another state.? I live in Mecklenburg county and know for a fact that Meck Co. SO/CMPD will not sign off on C3. From my understanding NFA is legal in NC, so would having Form 1/4's from another state be a problem ? Once you get back the approved forms, there good forever regardless of state given that you live a "free state", right ? |
So what about guys that move from other states into NC with NFA ? I'm in full compliance with state law, it just happens that the county (And theres no county laws against NFA) I live in will not sign off on any NFA forms if I were to initiate one for another purchse.
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I don't think this would be a problem. But then again, I'm no lawyer. For example, I've heard of counties where the Sheriff would sign all day long for NFA. THEN, a new sheriff gets elected and will NOT sign. Does this make everything that was previously signed for illegal? NOPE--- just means the sheriff is a jackleg. You still have a federal, LEGAL tax stamp on your items. ETA: You might get better answers in the Class III forum. |
Set up a trust, LCC or corporation and transfer everything to yourself, if you feel you need to. There are over 700 SBRs in NC and there are ST 03s who sell cans. BATFE approves the Form 1s and 4s for trusts LLC and corporations as well as those for individuals signed by the CLEO (where they sign them). Unless you had a MG and needed the MG permit, where's the beef? |
You read my mind, except I wasn't going to post that for fear of engaging in yet another pissing match. 
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| As i understand it, and i could be wrong, if you were approved out side of your county but inside the state you would have been fine but as you are coming from a different state with different laws you may be SOL in mecklenburg county.. Move to Gaston county or Salisbury. |
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uh, My understanding of NFA is that all you are required todo is to inform the local CLEO that you have moved into his/her area and that you lawfully possess NFA Items. show him the paperwork from ATF/NFA. He may ask to photo copy the forms to put in a file for his records showing that you do possess them. I maybe wrong on this however. Jason |
If you mean the Federal requirements, once you have an approved 5320.20 for the NFA item (except for a suppressor, which does not required one), you just move. There is no need to tell any local agency unless there is a local law. The BATFE NFA should not approve a 5320.20 if the possession of the NFA items is unlawful to possess in the location you made it out for (in other words, the NFA Branch examiner shouldn't approve a 5320.20 to move a MG into a non-MG state). If the examiner screws up and approves the movement of a NFA item into a state where that type of item is not lawful, its still unlawful for you to move it (state law trumps the approval). Since NC requires a MG permit issued by the sheriff of the county you probably can't move a MG into NC unless you have a permit, but I'm not sure the NFA Branch examiner is going to require one. I know MG owners who have brought MGs into the state - there are more than 9,000 MGs in NC. |
What would a person have complied with? What Federal or NC requirement is there to inform the CLEO that you've moved into his jurisdicition with any NFA item (except an MG, since NC requires the county sheriff to issue an MG permit)? |
He is correct. It doesn't matter if the ATF approves it. They are approving it at the Federal level, not the state level. The NC NFA Defense Association strongly suggests you do not use a Trust to bypass the CLEO signature requirement. They claim there is no legal defense for using it. If you read the NC laws concerning NFA they may be right. I personally know several NFA item owners in Mecklenburg county but I haven't done it myself due to the gray area. Why hasn't the AG done anything yet? I don't know. I've heard they do not like people using Trusts but so far no crackdown. I just don't want to be on the losing end if they decide to do it. I'm happy to forward you the email I received from the NFA Defense group if you'd like. Just PM me. |
Actually the BATFE NFA Branch will not approve a transfer or Form 1 that violates state law. For example, they will not approve a 5320.20 to take a NFA item into a state that prohibits that item. The NC NFA Defense Association needs to come out of the shadows and get a real web site and start putting out real information, as well as organizing to actually help NC residents. Their web site reads like sour grapes from the "I got mine and you can't" club. |