North Carolina § 127B-2 - Military property defined.

§ 127B-2. Military property defined.

"Military property" means property originally manufactured for the United States or State of North Carolina which is a type and kind issued for use in, or furnished and intended for, the Armed Forces of the United States or the militia of the State of North Carolina. History (1985, c. 522, s. 1; 2011-183, s. 91.) Effect of Amendments. - Session Laws 2011-183, s. 91, effective June 20, 2011, substituted "Armed Forces" for "military service." Opinions of Attorney General Item manufactured for commercial sale, such as camouflage clothing, is not "military property" within the meaning of this section. See opinion of Attorney General to Mr. Paul M. Starzynski, Member, Onslow County Board of Commissioners, 55 N.C.A.G. 42 (1985). Property such as a desk, which is of a type and kind issued for use in or furnished and intended for the military service of the United States or the militia of this State, is nonetheless not "military property" within the meaning of this Article if it was not originally manufactured for the United States or this State. See opinion of Attorney General to Mr. Paul M. Starzynski, Member, Onslow County Board of Commissioners, 55 N.C.A.G. 42 (1985). Article is not intended to cover sales and purchases of obsolete military property. See opinion of Attorney General to the Honorable William N. Martin, 55 N.C.A.G. 31 (1985). The term "military property," as defined in this Article, does not include property originally manufactured for use by the United States military or the North Carolina militia, but which is of a type and kind no longer issued for use in or furnished to the personnel of such military services. See opinion of Attorney General to the Honorable William N. Martin, 55 N.C.A.G. 31 (1985). Recording and Reporting Requirements. - If a person, firm or corporation deals only in military property purchased directly from the United States government or this State pursuant to written contract, then that person, firm or corporation is not required to be licensed by this Article. However, the items purchased, if they are indeed "military property" within the meaning of this section, would nevertheless be subject to recording and reporting requirements by military property sales facilities which might later purchase them. See opinion of Attorney General to Mr. Paul M. Starzynski, Member, Onslow County Board of Commissioners, 55 N.C.A.G. 42 (1985).