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Old September 30, 2011, 04:33 PM   #9
FrankenMauser
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Join Date: August 25, 2008
Location: 1B ID
Posts: 6,966
That comes from a common mis-interpretation of the statute, and the difficulty with which people are faced in getting a CLEO signature.


But this...
Quote:
My recollection is that basically anything Class III fits into their definition of a "weapon of mass destruction"
Is true.


However, you can still own and use your "weapons of mass destruction". You're just better off purchasing them in another state, before you move to NC; or using a trust (which has its own issues, unique to NC).





Just so those unfamiliar with the NC definition can see it:
Quote:
§ 14‑288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.
...{edited for brevity}
(c) The term "weapon of mass death and destruction" includes:
(1) Any explosive or incendiary:
a. Bomb; or
b. Grenade; or
c. Rocket having a propellant charge of more than four ounces; or
d. Missile having an explosive or incendiary charge of more than one‑quarter ounce; or
e. Mine; or
f. Device similar to any of the devices described above; or
(2) Any type of weapon (other than a shotgun or a shotgun shell of a type particularly suitable for sporting purposes) which will, or which may be readily converted to, expel a projectile by the action of an explosive or other propellant, and which has any barrel with a bore of more than one‑half inch in diameter; or
(3) Any firearm capable of fully automatic fire, any shotgun with a barrel or barrels of less than 18 inches in length or an overall length of less than 26 inches, any rifle with a barrel or barrels of less than 16 inches in length or an overall length of less than 26 inches, any muffler or silencer for any firearm, whether or not such firearm is included within this definition. For the purposes of this section, rifle is defined as a weapon designed or redesigned, made or remade, and intended to be fired from the shoulder; or
(4) Any combination of parts either designed or intended for use in converting any device into any weapon described above and from which a weapon of mass death and destruction may readily be assembled.
The term "weapon of mass death and destruction" does not include any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line‑throwing, safety, or similar device; surplus ordnance sold, loaned, or given by the Secretary of the Army pursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10 of the United States Code; or any other device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle which the owner intends to use solely for sporting purposes, in accordance with Chapter 44 of Title 18 of the United States Code.
(d) Any person who violates any provision of this section is guilty of a Class F felony. (1969, c. 869, s. 1; 1975, c. 718, ss. 6, 7; 1977, c. 810; 1983, c. 413, ss. 1, 2; 1993, c. 539, s. 1228; 1994, Ex. Sess., c. 24, s. 14(c); 2001‑470, s. 3.)
A 1999 opinion letter made that blue-highlighted text the "loop hole" for legal ownership, transfer, possession, etc. It's just damn hard to get a CLEO signature (essentially impossible, in most of the state).
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Last edited by FrankenMauser; September 30, 2011 at 04:45 PM.
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