NC: Clayton man to test law, bring machine gun to store

I don't see this ending well.

http://www.claytonnewsstar.com/2011/12/25/1730030/clayton-man-to-test-law-bring.html

CLAYTON -- If Dennis Nielsen doesn't receive a letter from the county attorney by tomorrow morning , he says he will bring his machine gun to his gun shop on U.S. 70 and store it there for the protection of his business.

Nielsen said he does not want to break any laws, arguing in a Dec. 9 letter to county attorney David Mills that the law is unclear.

As the state statute determining ownership of machine guns is written, Nielsen believes he has the right to own a machine gun as a federally licensed gun dealer. He was denied a machine gun permit by the Johnston County sheriff in June.


Carolina Shooters Forum Discussion

 

Wow. This is just.....WOW.

 

Dumb. But not half as dumb as the NC law that allows Sheriffs to deny a handgun purchase permit on the grounds of poor moral character. Ol' Jim Crow in action.

 

Good on this guy for challenging the "unwritten" law. It will end up in court and I hope he wins.

Reading the article:
The increasing number of thefts of firearms is very disturbing," Mitchell said. "(Weapon storage) is something the sheriff needs to satisfy himself of. Deputies aren't as concerned about the people who legitimately have permits, as those who would steal from those who have permits."

Jesus, what a disturbing statement!

 

couldnt he get the tax stamp as a trust and bypass the sheriff maybe i missunderstood the issue or laws

 

My understanding of the article is that he's a licensed manufacturer. The "permit" is a local law that he's challenging.

 

i guess that makes sense i assumed he was a ffl, he got it for his private collection and the sheriff told him no.

 

I don't know what to say to the comment above me. That's just absolutely idiotic to wish something so upon a law abiding citizen who is trying to challenge what appears to be unfair practices by the sheriff. If you'd bothered to read the article, he clearly states he knows he can be prosecuted heavily for attempting this, and I doubt he wants fame that badly. And, from the article, he is "a 37-year Air Force veteran who has been operating gun stores since 1992 and opened Freedom Arms on U.S. 70 in September."

But anyways, I think the sheriff is being stingy and getting the mindset that only cops should carry guns. I'm glad this guy is willing to undertake these risks to challenge this view.

 

Good on him for challenging the sheriff. More and more of them are thinking they are the only people who should have guns, and that anyone else with a gun must be a "bad guy". If he legally owns the machine gun and the shop is his property, I don't see how that would be illegal.

 

I'll bet there are more than a few law enforcement officers that could qualify for "poor moral character", and thus be denied the carrying of firearms (or this could be made a good challenge to a law that discriminates that way.........).

 

Too many damn laws. I can't keep up anymore. I heard a professor give a lecture once and he said that you are always breaking the law according to the law. They say we are a free nation of laws that ensures justice, but at some point we become a nation of restrictions that ensures governement control. A lot of places in the South are right on the line, reason I left. I sure miss it, but I like feel of a real democracy like we have here in WA better.

This doesn't look like it will work out in his favor, not without a fight, but we need more people willing to stand up against the man and challenge BS laws. I'll donate a dollar to his defense fund.

 

Great point. Daniel Harless comes to mind, so does that snotrag with a badge that shot the Native woodcarver in Seattle a while back.

 

Anyone heard an update? I am not completely clear on how it is illegal to have this in his store if he is otherwise legally entitled to build one. In NC he is supposed to get a Demo letter from the sheriff to build one, as an individual you have to have a sheriffs permit. No exceptions. Trust doesn't work for MG in NC.

 

I assume they are referring to "machine guns" registered before 86? The article is a little confusing.

 

Is this going to be an issue after 31st December 2011 ... wait, Last Year?
http://www.guntrustlawyer.com/states/north-carolina/