Gun laws 2

Status
Not open for further replies.

Trebissky

Active Member
Joined
May 16, 2005
Location
Durham, NC
Maybe I missed something, but... aren't silencers illegal no matter what kind of gun permit you may have?

Or was that why the other thread got closed?
 
No. Suppressors are very much legal to own and use. A signature from the CLEO of your county is required, a form 4 filled out and sent with a $200 "transfer tax" to the BATF. FYI, class 3 (machineguns) are also legal to own and use. Similar process as a suppressor to aquire one.


Trebissky said:
Maybe I missed something, but... aren't silencers illegal no matter what kind of gun permit you may have?

Or was that why the other thread got closed?
Click to expand...
 
Yeah, form 4 , $200 tax stamp and a wait for the papers to come back. I'm not sure why the other thread got closed...oh wells. The suppressor is only for plinking sans the noise during hunting season...it's a subsonic .22, slightly more dangerous than your average match grade pellet gun.
 
Based off the last post in that thread... locked because of the picture you posted and that you're not 21?
 
Seems like guns are just a touchy subject here...? Like I said, oh well. I'd rather have it deleted than cause another dramatic gun thread.
 
I checked with our local lawyer (the wife) nothing in NC law regulates silencers. It is controled by federal law, per braxton's post. Meaning pay the tax and get your local sheriff's permission. You do have to be 21 in the state of NC to own a handgun.

And your right, guns are a touchy subject. Basically we try to protect the board from unwanted attacks and illegal activity, so we err on the side of caution.
 
Fwiw, you only have to be 21 to purchase a hangun--which is a federal law. 18 is the legal age to own one in nc. It's also possible to purchase a handgun under the age of 21, you just have to deal with the batf and more paperwork.
 
Yep....ur exactly right. You are allowed to have a handgun at 18. You probably would not be able to buy one from a dealer...but you can own one.

Let's not censor things that arent illegal!!!!
 
braxton, i dont mean this negativly but i am curious. as my dad owner charlottes largest gun shop from 1972-1996 i thought i knew about stuff. but what is the law on purchasing a handgun under 21. as far as i know it is not possible. so i am curious.

but possession under 21 is not illegal at all. i mean how else can people under 21 hunt with handguns. sometimes people have the biggest missconceptions about firearms. not u, just a general statement
 
also what county are you in. i know mecklenburg and cabarrus sherrifs wont sign off class III stuff right now. i do know the supressor is going to be a long wait. i have been waiting over 5 months now on tax stamp for a suppressed .22 ruger 1022.
 
Minimum age of 21. Currently, federal law prohibits federally licensed firearms dealers from selling handguns to persons under 21. However, a loophole in federal law allows the private sale of handguns to persons between the ages of 18 and 20. Only 12 states prohibit such sales to juveniles. Most states do not even require a background check for private sales to people under 21.

I dont think NC allows this "loophole", but if you read you will see that "loophole" is only for a Private saler, so i would say you need to wait till your 21 like the rest of us
 
krehel24 said:
Minimum age of 21. Currently, federal law prohibits federally licensed firearms dealers from selling handguns to persons under 21. However, a loophole in federal law allows the private sale of handguns to persons between the ages of 18 and 20. Only 12 states prohibit such sales to juveniles. Most states do not even require a background check for private sales to people under 21.

I dont think NC allows this "loophole", but if you read you will see that "loophole" is only for a Private saler, so i would say you need to wait till your 21 like the rest of us
Click to expand...
as of now federal law to my knowledge overrules nc law. so if you cant prove a permit for a person to person sale the loophole isnt there? does this make sence?
 
States can add upon the federal laws, and NC does in a couple areas. I live in burke right now, but also have a legal residence in conecuh county al and mobile al, plus I'll be at lejeune in a few months. Anyway, from reading the nfa times thread on ar15.com, it appears the nfa office recently moved and has sped things up considerably. Also, you can create an LLC and bypass the CLEO (sherrif) and fingerprinting altogether, plus your form 4 goes to a different dept and is said to take half the time.
 
I see what you're saying about the loophole not being there. And maybe it limits private sales to some degree...but for example, i think its legal for an 18 year old to possess a handgun that was given to him by his grandfather for example.
 
I didnot post all of the rules, but yes an 18 year old can have a hand gun but like i said befor you have to be at least 21 to BUY one, and yes even if you buy from a private seller, I would not sell you a gun with out a permit
 
I can just have a parent buy the pistol if it's on sale right now and have it legally transferred in a few months when I am 21. Mom's got a ccp I do believe anyway.
 
braxton357 said:
States can add upon the federal laws, and NC does in a couple areas. I live in burke right now, but also have a legal residence in conecuh county al and mobile al, plus I'll be at lejeune in a few months. Anyway, from reading the nfa times thread on ar15.com, it appears the nfa office recently moved and has sped things up considerably. Also, you can create an LLC and bypass the CLEO (sherrif) and fingerprinting altogether, plus your form 4 goes to a different dept and is said to take half the time.
Click to expand...
a few problems are involved here. first the haveing diffrent residences. with any nfa weapon you can not take it accross state lines with out written permission from the sheriffs counties you will be traveling through. this is done by contacting ATF and filling out a transport application. so even if you do purchase it through alabama you can not just take it to NC because you want to. you would have to the register in NC if your local sherrif will sign off, and then you still have to do all the paper work for transport

the LLC bypass will only work if you have a NON RESIDENCIAL address that you register to. furthermore you will have to prove why you need to posses a nfa weapon for your LLC. then the weapon must stay at the LLC location. from there transportation laws are required to be followed. good luck on this route i know of business's that daily have a lot of cash in and out and they still got denied. i have seen 15-1 denial to pass on this.

I can just have a parent buy the pistol if it's on sale right now and have it legally transferred in a few months when I am 21. Mom's got a ccp I do believe anyway
Click to expand...
now that would be a 10-10-10. on the 4473 form (aka yelloe form) their is a specific question that bylaw you must answer honestly. the questions is; is this weapon being purchased for you and only you? if you mom says yes there and then sells to you with the purpose of giving it to you then she technically is commiting a 10-10-10. if she was to wait until you really are 21 and you give her a permit then you are lawful but the original intention was not. that is a grey area and basicly impossible to say because it is a judgement call. btw 10-10-10 is 10 years - 10 grand - or ten inches from bubba in fed prison.

your best bet is to wait till you are 21 before you even consider doing something. if you want to do a nfa weapon make sure your county is one you can, and then be prepared to wait a long ass time.

i hope this does not get locked. this thread is a great way to learn information. if anyone has any questions or wants to have some myths answered please ask. if i can not give proper info i will not, but i will ask my uncle who is a atf field agent who will give me the right info.
 
stone said:
a few problems are involved here. first the haveing diffrent residences. with any nfa weapon you can not take it accross state lines with out written permission from the sheriffs counties you will be traveling through. this is done by contacting ATF and filling out a transport application. so even if you do purchase it through alabama you can not just take it to NC because you want to. you would have to the register in NC if your local sherrif will sign off, and then you still have to do all the paper work for transport

the LLC bypass will only work if you have a NON RESIDENCIAL address that you register to. furthermore you will have to prove why you need to posses a nfa weapon for your LLC. then the weapon must stay at the LLC location. from there transportation laws are required to be followed. good luck on this route i know of business's that daily have a lot of cash in and out and they still got denied. i have seen 15-1 denial to pass on this.


now that would be a 10-10-10. on the 4473 form (aka yelloe form) their is a specific question that bylaw you must answer honestly. the questions is; is this weapon being purchased for you and only you? if you mom says yes there and then sells to you with the purpose of giving it to you then she technically is commiting a 10-10-10. if she was to wait until you really are 21 and you give her a permit then you are lawful but the original intention was not. that is a grey area and basicly impossible to say because it is a judgement call. btw 10-10-10 is 10 years - 10 grand - or ten inches from bubba in fed prison.

your best bet is to wait till you are 21 before you even consider doing something. if you want to do a nfa weapon make sure your county is one you can, and then be prepared to wait a long ass time.

i hope this does not get locked. this thread is a great way to learn information. if anyone has any questions or wants to have some myths answered please ask. if i can not give proper info i will not, but i will ask my uncle who is a atf field agent who will give me the right info.
Click to expand...

According to this http://www.titleii.com/BardwellOLD/nfa_faq.txt that only applies to machine guns and destructive devices. Supressors don't need a 5320 as long as the state allows them.


She can buy the pistol for herself, and I'll just use it (legally) occasionally. Then eventually have it transferred to myself later when I have time. Not really a big deal..
 
According to this http://www.titleii.com/BardwellOLD/nfa_faq.txt that only applies to machine guns and destructive devices. Supressors don't need a 5320 as long as the state allows them.
Click to expand...
i would make sure to consult your local sherrifs dept or atf about this. i have heard of people not being able to make the knob creek shoot with supressors because of that. i would ask more questions before i try it. ps- the info posted in that link is 5yrs old. i would look for more udated info before i made he decision to transport accross lines.
 
I'm not really worried about it that much. But I'll search around some more.

Besides, the gun control act and nfa were drafted in 1934...and they haven't changed since. So 5 years isn't so bad. :flipoff2:


And if your dad had a gun shop, what kind of cool shit have you got?
 
Slacker said:
No. Suppressors are very much legal to own and use. A signature from the CLEO of your county is required, a form 4 filled out and sent with a $200 "transfer tax" to the BATF. FYI, class 3 (machineguns) are also legal to own and use. Similar process as a suppressor to aquire one.
Click to expand...


sorry to any one waiting for the OK to get a supressor in NC. same goes for most other states. I was at the recent dixie gun and knife show at the state fairgrounds and a buddy of mine was trying to find a silencer for an AR-15. We ended up talking to a guy whos friends with a sherrif i know. He himself is a former sheriff and now works at the building downtown where you get your handgun permits. The guy i talked to is THE GUY who gives the final OK or NO-K on the supressor permit and he said that he has never said ok to someone getting one, and never will, and that your just losing your money by trying to apply. Your alot better off going to the gun show and getting a book on how to make one yourself. Thats not a suggestion though. I thought it was somewhat funny to find out that when we asked about owning one for the AR15, we found out that "illegal possesion of a supressor on a rifle such as an AR15 makes, by the terms of the law, the gun a 'Weapon of Mass Destruction'". In other words its just as fun getting arrested for having one illegally as it is to have pipe bombs and such...
 
There is no "THE GUY" for each state, though there is one for each county...the C(heif)LEO (aka sherrif) of each county says yes or no when you go to get printed and have him sign off on the form 4, basically just depending on what he feels like that day. But as has been stated above, that can be circumvented too.
Building a suppressor or any part of one without the proper form 1 completed and $200 tax stamp paid is illegal...so not a good idea at all.
 
. Your alot better off going to the gun show and getting a book on how to make one yourself. Thats not a suggestion though
Click to expand...
dont even say stuff like that. you wonder why threads get locked. moron, this was good info until you said that.

have him sign off on the form 4, basically just depending on what he feels like that day
Click to expand...
they always say no, it doesnt depend on the day. there are alot of influences for particular sherrifs to say no. the main one is re-election. if the general public finds out he approves nfa weapons and dd's then the average person would be terrified and not vote for him. the misinformation that most people give is the main reason people are paranoid of guns anyway.

But as has been stated above, that can be circumvented too.
Click to expand...
for the general person it can not. i am pretty sure my explination of why in the last post is proof positve you cant get around it. you would have to own a company in some type of law enforcement training to get one through the LLC loophole.

BOTTOM LINE IS THIS. THERE WILL BE NO SUPPRESSORS IN YOUR IMMEDIATE FUTURE. mine should because we still have our ffl and dd lisc.
 
kids:rolleyes: ..who sponsors these guys???? YO!! GET OFF IT, WAIT TILL YOUR 21!!!! STOP TRYING TO PLAY THE SYSTEM!, and what do you need a silencer for anyway:confused: who do you think you are 007:rolleyes:
Thank you stone for all your info, but these kids are geting stupid now talking about things the should not (as you pointed out) so i think it is time to lock this thread...just my .02
 
whoops... thats why there was the disclaimer. Also nothing i say is gonna influence someone else who wants or doesnt want one. and i never said i was the one who wanted one. They would come in handy though when hunting in legal county areas i know of that are near the city limits. Sheriffs like to come when they hear me put a bullet in a deer because they get calls from city folk who dont know im in county. Also your right, i talked to the "GUY" from Wake county (real nice guy) and there are diffrent ones from each county...but they all answer to higher ups, who answer to even higher up people, who give orders not to allow supressors. plain and simple. They make it so the requirements are so tight that no one in the general public, and most anyone else cannot get one. He said the closest he came to issueing a permit was to a scientist testing ballistics but then decided it wouldnt pass either.
 
Status
Not open for further replies.
Back
Top