Friday, August 21, 2015

North Carolina HB 562 signed into law

Yeah, if you could go ahead and sign this bill.... that'd be great.


In case you haven't heard the news, a few weeks ago North Carolina Governor Pat McCrory signed House Bill 562 into law. This is a landmark piece of legislation for residents of NC, and especially for those North Carolinians who are interested in owning NFA items such as silencers. The passing of HB 562 brings about a requirement for NC CLEOs (Chief Law Enforcement Officer – typically the county sheriff) to sign NFA applications for individuals – provided the individual applying for ownership of said NFA item is not a criminal. In essence, NC has become a "shall certify" state now. This means that your local sheriff should no longer be a road block to you owning a suppressor.

I say "should" because as most of us know, the law itself does not guarantee that reality will change. It may take a challenge to the law by someone - or some group - that will result in a judicial interpretation of the law being handed down. Once that precedence has been established, we'll know what the true implications of the law will really be. I suspect that there will still be some hold-out CLEOs who might still try to maintain their perceived jurisdiction on the matter and continue to refuse to cooperate with the signing requirement. And if this happens, I can easily envision a few fed-up individuals rallying together to bring about a lawsuit. It will be interesting to see what becomes of all this, to say the least.

That being said, going the trust route will still remain the easiest option... at least for all you residents of North Carolina. A trust takes much less time and does not require a Sheriff signature. NFA gun trusts have been legal since 1934 and they are still legal to this day, so do not be hesitant to take advantage of this awesome tool that you have at your disposal. For more information on using trusts to obtain NFA items, see this article I wrote on the subject way back in 2011.

Consider the differences if you choose to go the individual route where you are required to get your sheriff’s signature: After he - or IF he -  signs your NFA application, you still will have to get fingerprinted in duplicate, and submit those fingerprint cards and passport photos to ATF. These additional requirements make the process of purchasing a silencer with an application signed by your sheriff much more laborious.

There's some icing on the cake. House Bill 562 also removes the prohibition on using a lawfully possessed short-barreled rifle for hunting purposes, so this is great news for Class 3 enthusiasts here in NC. All of you hog hunters and deer hunters… and heck, even squirrel hunters out there can now legally take game using your SBRs.

Good luck to everyone if/when you try to utilize your new freedoms with the passage of HB 562 by asking your sheriff to sign your Form 4 for an NFA transfer. I'd actually like to hear from you about your experience. Feel free to leave a comment below if you have first hand experience to share about this.

Thanks!

Eric Morton - Silencer Guru
NC SILENCER

6 comments:

  1. When did a silencer become necessary or desirable except in mafia, gangs and special ops military hits? This bill is a continuing part of the madness that figures everything that encourages additional weapons and access to the. Makes us safer! Pure madness!

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    1. Your view on SUPPRESSORS, thats correct suppressor not silencer, is completely skewed. the purpose of a suppressor is to minimize the noise that comes from the gun not silence it. Also "Mafia and Gangs" using these are not true. The hoops you have to jump through to get a suppressor is enough to keep most law abiding citizens from purchasing much less a criminal trying to get one. I would know I have multiple class 3 items. Suppressors still make noise its just easier on the ears eliminates the chance of hearing loss.... why wouldnt you want someone to be safer??? also please list some crimes in which a suppressor, which was legally obtained, was used.... its people like you who are completely uninformed who are the problem....

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    2. Lol fox I feel bad for people like you that get all their information on guns from movies and other mass media. You probably think a suppressor makes a PEW PEW sound and other asinine shit.

      But by all means keep on letting the government take your rights away and criticize others for protecting themselves and exercising their own rights. You're such a model subject and perfect little state propaganda machine.

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  2. Fox5411 is obviously an uneducated troll....I thin these are great steps forward. I will still continue to use a trust but it is good to hear law makers are moving this way.

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  3. Fox5411 is obviously an uneducated troll....I thin these are great steps forward. I will still continue to use a trust but it is good to hear law makers are moving this way.

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  4. I'm look'n in to getting one myself my thought on it is pretty simple. I'm a hunter I love nature and respect all of God's creatures especially the ones I harvest. I'm not a "trophy" hunter I'm a freezer filler and when hunting in groups or alone it would be nice not to scare every animal in the woods out of your hunting aria(except squirrels) with one shot and take more than one deer in a day. Also we have laws that could be changed like the red cockheaded woodpecker habitats and hunting between church hours on sunday all due to noise pollution. I've suffered hearing loss already I don't need to lose any more.

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