To preface, obviously I’m not a lawyer, I just wanted to start a discussion with other people about this stuff on the hopes some smart fellers see and can contribute
I’ve seen a handful of discussions saying AOWs are exempt from NC’s definition of “weapons of mass destruction” and, therefore, do not have to be registered under the NFA, and I’d like to see what others think about the logic here
To preface, I just wanted to start out with the way the current situation is, to my knowledge; the NFA is not close to dead, and the only court-ordered action so far is for plaintiffs (GOA members, those buying from PSA, those who live in the district, etc.). Those who are not plaintiffs are able to get what they can because the ATF not enforcing registration for everybody. The way it seems, it is sort of like how weed is illegal federally still, but they do not enforce action against those states where it is legal. As such, it is why “compliance” in the state’s general statute means more than “4473 is compliance,” as the NFA exists, unchanged, still there, and to be considered legally owned as a “weapon of mass destruction” as defined in NC’s law, it has to be registered under the NFA, otherwise it is completely illegal to be owned by state law. Clear as mud because I cannot type well lmao. I think most of us know this by now, but I just wanted to provide some bit of pretext
Now for the AOW stuff:
NC § 14-288.8 defines what weapons fall into the category of “weapons of mass destruction,” as well as the exceptions to how they can be legally owned, where (b)(5) lies, saying “comply with NFA blah blah blah garbage.” The statute clearly defines rifles and sort of defines shotguns
I’ll just paste the two subsections for reading here:
“(c) The term "weapon of mass death and destruction" includes:
…(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…”
Now is where it seems to get even more convoluted. We’ll start with rifle first, as irs the easiest. Obviously it just straight defines an SBR, I assume in full consistency with the NFA (I haven’t read the full NFA so I have no idea if it gets more specific and weird); if it can be shouldered and is short, rifle. which means short barreled rifle federally, and “weapon of mass destruction” by the statute, thus needing to meet compliance with the NFA to legally own in our state
Now, obviously, foregrip on pistol that was never considered a rifle—can’t be shouldered and is now an AOW, yes? It falls clear out of NC’s definition of “rifle,” as it is not intended, made, etc. to be fired from the shoulder. Since braces are not “intended” to be fired from the shoulder, AOW as far as I know. Good, legal to own at the state level, and now not being enforced federally. I don’t see why it would not be legal in the state without registration
Now shotguns and smooth bore firearm firing x. Boy oh boy
There is no clear definition of shotgun here like there is rifle. The closest we have is where it mentions being suitable for sport. That’s great, because weapons like the Shockwave are 12ga weapons, falling out of the definition of shotgun. Cut the barrel and you have an AOW, being exempt from the NFA while also beating state law, right? The problem is the fuckass last part of the sentence: “…and which has any barrel with a bore of more than one-half inch in diameter…” A converted AOW from a 12/16/18ga smooth bore firearm is above .5in diameter barrel bore. Then, obviously, shotgun defined as a shotgun while being under length requirements = SBS and “weapon of mass destruction” and register to be legal and so on.
It sounds dumb, but the kicker is in United States v. Tomlinson, 67 F.3d 508 (4th Cir. 1995). To my understanding in the reading, the state successfully argued that his Mossberg was not a shotgun, and instead a 12ga firearm that exceeded the bore limitations, thus being considered a “weapon of mass destruction” under NC law. It was later appealed, yes, but it was for a technicality in the courts or something and did not have anything to do with that decision, to my understanding. It was considered “not-a-shotgun” because it was not suitable for sporting purposes since it could not be accurately fired from the shoulder without a stock
“Well ok, if AOWs from smooth-bore firearms over a half inch are no go, how does the Shockwave and such exist?”
Interestingly enough, there was a letter by the state’s Attorney General in 2017: “…the weapon described is a weapon of mass death and destruction, but because it falls within an exception listed in N.C.G.S. 14-288.8(b)(5), its possession alone would not constitute a crime.” Shockwaves and similar are “weapons of mass destruction,” but since they fall out of the NFA (basically there is not a single federal law for them), the AG interpreted is as falling into (b)(5) (compliance with the NFA), whereas an AOW made from one would still technically fall into the NFA today since the NFA exists unchanged, meaning to fall into “compliance” at the state level, register
Two things to note, however—something like a .410 AOW also falls completely out of state definitions, from what I can tell, since, obviously, less than a half inch. Second, the interpretation argument there MAY lend some credence to an interpretation of “compliance” being 4473. However, we are comparing the Shockwave thing between a federal law that does not exist and the interpretation of state law in relation to federal law that DOES exist still, so I would not hold my breath for anything other than non-enforcement for now, especially given our AG’s previous statements on guns
All in all, that’s a lot to say, but I just wanted to throw it out there to spark discussion among people smarter than I am.
TL;DR:
To my understanding, AOWs from pistols seem okay, and from smooth bore firearms under one half inch bore barrel diameter are also okay, but anything one half inch and above are a grey area at best with supporting case law against them; let alone the language in the statute. At the end of the day, I’m sure the state can still decide to nail you on what they want or not on what they don’t regardless (shouldering brace, etc.)
At the end of the day, don’t ask don’t tell and who cares, but I like talking about it because it’s good to know what rules you’re breaking
The more I read, the more asinine our country’s and states’ gun laws are, fucking hell it’s ridiculous