Gun sale laws

45/70 hunter

Old Mossy Horns
Contributor
Recent talk in the classifieds got me thinking. I have googled everywhere and find nothing about selling/buying long guns in NC. Handguns are obviously by permit or through an FFL only. Is anything needed for rifles and shotguns?
 
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nccatfisher

Old Mossy Horns
Contributor
That is exactly why I don't get bent out of the frame about what we have. Some have less than we do, but many have much much worse.
 

LanceR

Six Pointer
Contributor
Better to go directly to the NC Department of Justice website for current info in "from the horse's mouth" Here's the link to the NC DOJ website with firearms law related documents.

http://www.ncdoj.com/Home/Search-Results.aspx?searchtext=gun+laws&searchmode=AllWords

It's the top link that you want. It's an explanation of the practical application of NC firearms law.

Note that while private sales or transfers require that the person transferring a handgun ensure that the person acquiring the handgun has a valid concealed carry handgun permit or a valid pistol purchase permit or license, it does not require that the person transferring the handgun retain a copy of the carry permit or purchase permit (although common sense would seem to dictate that you get the copy).

There are no stated NC legal restrictions to the private transfer of long guns beyond the requirement to comply with federal law.....meaning that you cannot knowingly transfer a long gun to someone that you know is prohibited from possessing it.


Lance
 

FishHunt

Old Mossy Horns
You can sell and mail a long gun from individual to individual inside the state. The seller is in the clear as long long as he does not knowingly sell to a convicted felon.

<>< Fish
 

LanceR

Six Pointer
Contributor
You can sell and mail a long gun from individual to individual inside the state. The seller is in the clear as long long as he does not knowingly sell to a convicted felon.

<>< Fish


I would be careful of that statement as it is not accurate. There are a number of disqualifying conditions under both state and federal law other than just being a felon (any conviction for domestic violence, court order etc). It is far safer, and more accurate, to say that a person cannot transfer a firearm of any kind to a person they know to be ineligible to receive it under either state or federal law.....


Lance
 

nccatfisher

Old Mossy Horns
Contributor
I would be careful of that statement as it is not accurate. There are a number of disqualifying conditions under both state and federal law other than just being a felon (any conviction for domestic violence, court order etc). It is far safer, and more accurate, to say that a person cannot transfer a firearm of any kind to a person they know to be ineligible to receive it under either state or federal law.....


Lance
Well it is legal, you don't have the right to obtain the other info due to HIPPA laws. What he said was totally accurate.
 

LanceR

Six Pointer
Contributor
HIPPA? Are you referring to medical privacy law?

What does that have to do with a seller knowingly transferring a firearm to a person they know to have a restraining order that disqualifies them from possessing a firearm?

Or a seller who is aware that the buyer has a misdemeanor conviction for any form of domestic violence?

Or to a person they know has, as a condition of pretrial release, a prohibition of possessing a firearm?

In each of those cases there might not be a felony conviction but the seller, in transferring a firearm to a disqualified individual is guilty of a crime under both federal and NC law. My statement was and remains accurate.


Lance
 

nccatfisher

Old Mossy Horns
Contributor
HIPPA? Are you referring to medical privacy law?

What does that have to do with a seller knowingly transferring a firearm to a person they know to have a restraining order that disqualifies them from possessing a firearm?

Or a seller who is aware that the buyer has a misdemeanor conviction for any form of domestic violence?

Or to a person they know has, as a condition of pretrial release, a prohibition of possessing a firearm?

In each of those cases there might not be a felony conviction but the seller, in transferring a firearm to a disqualified individual is guilty of a crime under both federal and NC law. My statement was and remains accurate.


Lance
You were touching on everything that is covered in a 4473 form in essence and many things there are also covered by Hippa. That was my point. The short point of my point is FishHunts post was accurate. It is legal, if people aren't comfortable that is their prerogative but it still is legal.
 

Bailey Boat

Twelve Pointer
Folks are going to keep adding things to the existing law that before you know it they will be made law which is not what we need, more laws.... Learn to read what the law SAY'S and stop trying to add your interpretation....
 
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D1RICH1

Ten Pointer
This is so confusing. I want to sell my handgun to my friend. We’re both in NC and he doesn’t have a concealed license. What do I need to do to make this legal?


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superman4283

Four Pointer
This is so confusing. I want to sell my handgun to my friend. We’re both in NC and he doesn’t have a concealed license. What do I need to do to make this legal?


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Your friend needs to get a pistol purchase permit from the sheriffs office. Then you can sell him the pistol. I would also make him sign a bill of sale but that's not required. Ijust like to keep records of the guns I sold in case they are used in a crime somewhere down the road.
 

FishHunt

Old Mossy Horns
This is so confusing. I want to sell my handgun to my friend. We’re both in NC and he doesn’t have a concealed license. What do I need to do to make this legal?


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Legally the buyer has to "present" a purchase permit or concealed carry permit to the seller of the handgun. There's no NC law requiring the seller to document or retain copies of the permits or transaction. An individual can request anything they want above and beyond the law for their personal transaction.

<>< Fish
 
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sll

Four Pointer
Your friend needs to get a pistol purchase permit from the sheriffs office. Then you can sell him the pistol. I would also make him sign a bill of sale but that's not required. Ijust like to keep records of the guns I sold in case they are used in a crime somewhere down the road.
Is this purchase permit a NC law? I know we don't have it in TN. A Bill Of Sale is always a good thing to do to CYA.......regardless of handgun or long gun.
 

CRC

Old Mossy Horns
Yes the purchase permit is a Jim Crow era law dating from 1919

It used to apply to various kinds of weapons but now only applies to handguns (excluding certain antiques)

NC even has a law requiring a sheriffs permit before buying or taking ownership of a blank firing handgun. That law dates from 1959 and is still on the books.
 
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