Legal question regarding firearms mufflers/silencers

CRC

Old Mossy Horns
Would it be legal to own a silencer/suppressor in NC if they are removed from the NFA? Looks like NC law requires silencers to be owned under the NFA to be legal?


14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.


(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.



any muffler or silencer for any firearm, whether or not such firearm is included within this definition
 

Bailey Boat

Twelve Pointer
You spend your life surfing the internet and you ask something like this??? Need another post???
 
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Inshore duck

Eight Pointer
The state could still choose to prosecute you for it. Obviously it would likely go through several court systems. Roy Cooper while attorney general stated that it was illegal for Form 1 folks to bypass the CLEO signature by going the trust route. At that time he stated he would go after those folks even though the Trust route is legal per the BATF.
 
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CRC

Old Mossy Horns
I found this in the introduced Hearing Protection Act.

SEC. 4. PREEMPTION OF CERTAIN STATE LAWS IN RELATION TO FIREARM SILENCERS.

Section 927 of title 18, United States Code, is amended by adding at the end the following: “Notwithstanding the preceding sentence, a law of a State or a political subdivision of a State that, as a condition of lawfully making, transferring, using, possessing, or transporting a firearm silencer in or affecting interstate or foreign commerce, imposes a tax on any such conduct, or a marking, recordkeeping or registration requirement with respect to the firearm silencer, shall have no force or effect.”.

No idea if it applies to NC or not.
 

ArmyMutt

Eight Pointer
The state could still choose to prosecute you for it. Obviously it would likely go through several court systems. Roy Cooper while attorney general stated that it was illegal for Form 1 folks to bypass the CLEO signature by going the trust route. At that time he stated he would go after those folks even though the Trust route is legal per the BATF.

That's kind of scary, considering I have 3 Form 1s on a trust. Wonder what his legal basis is.
 

SUGARTOWNTAXIDERMY

Ten Pointer
The Supremacy Clause of the United States Constitution (Article VI, Clause 2) establishes that the Constitution, federal laws made pursuant to it, and treaties made under its authority, constitute the supreme law of the land.[1] It provides that state courts are bound by the supreme law; in case of conflict between federal and state law, the federal law must be applied. Even state constitutions are subordinate to federal law.[2] In essence, it is a conflict-of-laws rule specifying that certain national acts take priority over any state acts that conflict with national law. In this respect, the Supremacy Clause follows the lead of Article XIII of the Articles of Confederation, which provided that "Every State shall abide by the determination of the United States in Congress Assembled, on all questions which by this confederation are submitted to them."[3] A constitutional provision announcing the supremacy of federal law, the Supremacy Clause assumes the underlying priority of federal authority, at least when that authority is expressed in the Constitution itself.[4] No matter what the federal government or the states might wish to do, they have to stay within the boundaries of the Constitution. This makes the Supremacy Clause the cornerstone of the whole American political structure.[5][6]

In other words, federal law trumps state laws!
 
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