We at the NC NFA DA are not attorneys. We would be hesitant to tell anyone whether your "trust" is properly setup or not. You would need an attorney to look at the trust and grade it on its merit. What we do advise however, is that there is NO provision for legal use of a "trust" to own NFA under NC State law. In this case the more Restrictive State statutes over rule Federal law. This is especially true where a "trust" is used specifically to circumvent the CLEO signature requirement. We strongly advise anyone seeking to own NFA items in this state to procure the signature of their resident CLEO. The only exception that we can see for the use of a "trust" is to hold NFA items for underage dependents following the death, or immediately preceding the death (terminal illness) of the current NFA owner, where as the items are properly held by current owner before establishing the trust. Even this is not specifically allowed under the statutes in NC. If you currently hold NFA items via a trust that is setup contrary to these reasons, or in a questionable fashion, it would be in your interest to talk to your CLEO about signing a Form 4 for your item and then transfer it from the trust to yourself and close the trust.
Recommended Attorneys to assist with NFA Trust setup:
Dan Hardway
Constitutional firearms litigation (won Britt v. NC), small business, nonprofit and estate planning representation
86 E. Depot Street
Angier, NC 27501
Phone: 919-639-7145
Fax: (919) 341-2331
E-mail: info@hardwaylaw.com
Web Site: http://www.hardwaylaw.com
Thomas Faulk
Small business law & North Carolina firearms law
P.O. Box 49433
Charlotte, NC 28277
Phone: 704-540-7556
E-mail: thomasfaulk@thomasfaulk.com
James Barrett Wilson, Jr.
Attorney, civil litigation, North Carolina and Federal firearms law, criminal defense with offices in W-S and Greensboro.
411 Waughtown Street
Winston-Salem, NC 27127
Phone: (336) 773-0059 (Office) & (336) 575-9512 (Cell)
Web Site: http://www.jbwilsonlaw.com
A. L. "Buddy" Collins
General practice with emphasis on District Court matters, dealing with criminal, traffic, domestic, and general civil litigation, also includes representation in matters dealing with Wills/Estates, Business Formation and Real Estate
430 West Mountain Street
Kernersville, NC 27284
