On August 7, 2015, North Carolina Governor Pat McCrory signed HB 562 into law, thereby making the Tar Heel State the 14th to implement Shall-Sign/Shall-Certify legislation for applications to own firearms regulated by the National Firearms Act (NFA), including suppressors, short barrel rifles and machine guns.

Ordinarily applicants who wish to obtain NFA firearms (whether by transfer or by their own making) must provide the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) the following:  a set of fingerprints, a set of photographs, and an BATFE application signed by their local Chief Law Enforcement Officer (CLEO).  All of these requirements must be repeated by the individual applicant for each and every NFA firearm they wish to register with BATFE.

The CLEO is usually the sheriff or chief of police.  In some local jurisdictions, CLEOs have refused all requests for their their signatures, and thereby obstructed applicants who have their full legal rights to own these legal firearms.  In response, 14 states, including North Carolina, have enacted legislation requiring CLEOs to grant signatures to eligible applicants.  These reforms will undoubtedly help applicants dealing with CLEOs who unjustly refuse signatures for NFA applications; however prospective NFA firearms owners should still think carefully before seeking a CLEO signature.  

In the 14 shall sign states, and the 40 total states which allow ownership of at least some NFA firearms, NFA applicants still have the option to use an alternative like the Arsenal Gun Trust.  By using a trust, no CLEO signature is required for NFA applications whatsoever, and neither are fingerprints or photographs.  Thus the applicant avoids that time consuming red tape and loss of privacy.  

By using an Arsenal Gun Trust, the applicant may also help ensure their NFA firearms are handled safely and legally because other eligible people can be named in the trust to grant them legal possession.  Without a trust, individually owned NFA firearms could create criminal liability if another person has possible access to the NFA firearms in the absence of the registered owner.  This concerns arises even when a spouse has the combination to your gun safe or if you leave your gun case in your friend's locked car.

Additionally the Arsenal Gun Trust may act as an estate plan to help beneficiaries inherit firearms privately, legally, and safely. In fact, in most states the Arsenal Gun Trust can used for an entire gun collection, including non-NFA firearms and accessories.  Therefore, your gun collection could be inherited without probate court.  Additionally, the Arsenal Gun Trust provides guidance to your successors to help them understand how to stay safe and comply with the law.

While 'shall sign' legislation could become an important solution for worse gun control laws in the future, firearms owners should always explore all the alternatives, including an Arsenal Gun Trust.  Contact Arsenal Attorneys to discuss your goals and determine how we can help you and your loved ones protect your gun collection.