Better Half and I are still idly job-shopping, and we have generally been keeping our window-browsing to areas of the country that actually bother to respect our rights as human beings and American citizens, for reasons that should be obvious to the readers of this site. Anywise, one area we have been looking at is the "Research Triangle" over in North Carolina, being the space between/around Raleigh, Durham, and Chapel Hill. NC is not quite as awesome as TN, but one is constrained by where jobs are being offered.
I went through my now-somewhat-standard checklist for things to worry about when looking at other states, and ran into a slight hiccup when it came to items registered under the National Firearms Act and owned by trusts; specifically that the local Sheriff’s Department considered such items illegal under North Carolina General Statute, but they probably will not bother to actually prosecute someone because of this. Well that is comforting.
So I shot this email off to the North Carolina Attorney General and a few of the Sheriff’s Departments around the Triangle area:
Sir or ma’am,
My name is [Linoge] and I may be moving to the Raleigh-Durham area of North Carolina in the future. When I make that move, I would like to bring the [Linoge] NFA Trust with me, along with the one NFA-registered short-barrel shotgun that trust currently owns.
I have looked at HB650 from the 2011 Session of the North Carolina General Assembly and Chapter 14, Article 14-288.8(b); am I correct in concluding that NFA trusts are legal and acceptable under North Carolina state law?
Thank you for your time.
Today, I received the following response from the Wake County Sheriff’s Department (the only folks to respond thus far):
NCGS 14-288.8 (b)(5) allows for an exemption to persons who lawfully possess or own a short barrel shotgun or other weapon of mass death and destruction. So the question is, do you lawfully own or possess your weapon under federal law. ATF says yes. They consider trusts to be legal. Since it is a short barrel shotgun, ATF does not require you to have the sheriff sign off on the form they provide to you in order to transport the weapon. Sheriff Donnie Harrison; however, is requesting a copy of the ATF form from you at such time that you move to Wake County, North Carolina.
(Yes, North Carolina considers fully-automatic firearms, short-barrel rifles, short-barrel shotguns, and suppressors all "weapons of math death and destruction". The military (you know, folks who would know a WMD if they saw one) rather disagrees with them, and Lord knows killing anyone with a suppressor would be something of a non-trivial exercise, but politicians will be politicians.)
So those who enforce the law have finally caught on to the fact that the law has, indeed, changed, and thus altered their tune as well; I should give them credit for that, but I admit to being amused that the Sheriff "requests" what I can only assume to be the tax stamp the BATFE provided me once all of the paperwork was finalized. I recall forwarding a copy of the documentation to my local police department when I first applied for the tax stamp, but my understanding was that, since this was a trust, that was simply a courtesy of my part; doing it when I move from point A to point B, though? Why (aside from keeping the local PD happy)? Do the Chief Law Enforcement Officer tax stamps have to be re-signed when you move from state to state, or from jurisdiction to jurisdiction?