NFA Ownership to be Clarified in New Law

[raleighsaiga 81]

As I had previously posted, a strict reading of NC general statutes suggested that NFA weapon ownership was prohibited in NC, even if using a trust or if a sheriff signed your paperwork. This will change with the new "Amend Gun Laws" bill on the desk of Gov. Perdue.

http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v4.pdf

 

Section 8 G.S. 14-288.8(b)5 has been rewritten to explicitly exempt holders of NFA permits from the NC ban on destructive devices. In summary, the bill says that if you can get your stamp from the BATFE, then you are good to go. Currently, law enforcement has been operating under this assumption, though this was always up to the whim of the AG.

 

The bill won't likely be vetoed, but she will not likely sign it, either. This means it will automatically become law in ten days. The bill states that its provisions become effective December 1, 2011.

 

Note that this change seems to be completely lost on many who read the bill. Don't publicly spike the football until this is official.

 

Unfortunately, we lost the "restaurant carry" provision in the negotiations to get the votes. However, bill sponsors promise to resubmit a new bill allowing this next session.

 

In addition to the NFA language, we get a robust castle doctrine extending to anything we use as a dwelling (e.g., a tent) or a vehicle (e.g., a boat). This is a big win for NC gun owners, who currently have the duty to retreat from a home invasion (though nobody has actually been prosecuted for failure to do so).

[raleighsaiga 81]

Gov. Perdue signed HB 650 into law today. As stated above, changes become effective December 1, 2011.