Weapons; Machine Guns, Purchase By Collectors

Subject:

Weapons; Machine Guns, Purchase By Collectors.

Requested By:

T. A. Radewicz Sheriff, New Hanover County

Question:

Do the provisions of G.S. 14-288.8 relating to weapons of mass death and destruction abrogate or abolish the permit requirements of G.S. 14-409 and G.S. 14-409.9?

Conclusion:

No. The provisions of Article 36A, "Riots and Civil Disorders", G.S. 14-288.1 through G.S. 14288.19, do not abrogate nor abolish the provisions of Article 52A and 53, "Sale of Certain Weapons in Certain Counties", G.S. 14-402 though G.S. 14-415.

G.S. 14-409 (G.S. 14-409.9), which controls the purchase of machine guns and like weapons, reads:

"§ 14-409. Machine guns and other like weapons. —It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons: Provided, however, that this section shall not apply to the following:

Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States army, when in discharge of their official duties, officers and soldiers of the militia and the State guard when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located. Provided, further, that automatic shotguns and pistols or other automatic weapons that shoot less than thirty-one shots shall not be construed to be or mean a machine gun or submachine gun under this section; and that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep the same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.

Any person violating any of the provisions of this section shall be guilty of a misdemeanor and shall be fined not less than five hundred ($500.00) dollars or imprisoned for not less than six months, or both, in the discretion of the court."

(G.S. 14-409.9 reads identical as G.S. 14-409.)

G.S. 14-288.8 reads in relevant part:

"§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions. —(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

(b)

This section does not apply to:

. . . .

(2)

Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.

. . . .

(c)

The term "weapon of mass death and destruction" includes:

. . . .

(3) Any machine gun, sawed-off shotgun or other weapon designed for rapid fire or inflicting widely dispersed injury or damage (other than a weapon of a type particularly suitable for sporting purposes); or

. . . ."

G.S.

14-288.3 reads:

"§ 14-288.3. Provisions of article intended to supplement common law and other statutes. —The provisions of this article are intended to supersede and extend the coverage of the common-law crimes of riot and inciting to riot. To the extent that such common-law offenses may embrace situations not covered under the provisions of this article, however, criminal prosecutions may be brought for such crimes under the common law. All other provisions of this article are intended to be supplementary and additional to the common law and other statutes of this State and, except as specifically indicated, shall not be construed to abrogate, abolish, or supplant other provisions of law. In particular, this article shall not be deemed to abrogate, abolish, or supplant such common-law offenses as unlawful assembly, riot, conspiracy to commit riot or other criminal offenses, false imprisonment, and going about armed to the terror of the populace and other comparable public-nuisance offenses."

G.S.

14-409 and G.S. 14-409.9 require a permit from the sheriff of the County in which the

weapons are located, and G.S. 14-288.8 does not abrogate or abolish this requirement. Until compliance is had with G.S. 14-409 or G.S. 14-409.9, to violate the provisions thereof would constitute a violation of both State and federal law.

Rufus L. Edmisten Attorney General

William W. Melvin Deputy Attorney General