Silencerco Harvester Suppressor
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What are NFA items?

NFA refers to the National Firearms Act which was instituted in 1934.  The purpose of the act was to impose a tax or fee on the manufacturing and transferring of firearms.  Not only did the act impose regulatory fees and taxes on firearms, it also levied fees and taxes on individuals and businesses who were actively engaged in the importation of such firearms. 

True legislative intent behind the act was to attempt to curb violence carried out with NFA items.  This is where your tax stamp fee comes from!  It was $200 back then and has remained unchanged to this day. 

Not all firearms or guns are regulated by the NFA.  Those firearms that are regulated by the act include Machine Guns, Suppressors (otherwise known as “Silencers”), Short Barreled Rifles and Short Barreled Shot Guns.  There is another type of NFA regulated item which is known as an A.O.W or Any Other Weapon. It is given its own category because by the nature of its construction, it does not fall into one of the other categories. ​

Are NFA items legal to own?

The answer is YES.  Simply put, in North Carolina, if you are a law-abiding citizen who is otherwise not prohibited from possessing or owning NFA items, you are allowed by law to own any of the following items:

Suppressors (“Silencers”) – Devices designed to reduce the sound signature of a firearm.

Short Barreled Shotguns  – A shotgun with a barrel less than 18” in length.

Short Barreled Rifles  – A rifle with a barrel less than 16” in length or an overall length of less than 26". 

Machine Guns  – A weapon or firearm designed to shoot automatically more than a single shot per trigger or firing mechanism actuation.

Any Other Weapon – This is a catch-all category to cover any type of firearm or weapon that cannot be adequately classified as any of the aforementioned.   Examples of A.O.Ws include cane guns, a weapon or firearm disguised a simple everyday item such as a tablet or a cell phone or perhaps even an ink pen!            

What is a NFA or GUN TRUST?

Trusts in North Carolina are governed by Chapter 36C of the North Carolina Uniform Trust Code.  Simply put, a NFA, GUN or FIREARMS trust is a legal trust that permits another person or entity to hold property for the benefit of another party.  A trust typically consists of a Settlor or Grantor, a Trustee and a Beneficiary; however, a trust is not limited solely to these individuals.

You can establish a Trust to acquire all of the categories of guns, weapons or firearms described above.  


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John Henry Hunter III, PLLC