GUN Buying a used handgun...

Discussion in 'On Topic' started by IceMurder, Jan 27, 2008.

  1. IceMurder

    IceMurder Guest

    Ok, so i turned 21 on the 16th of this month and I am trying to buy my friends handgun (which i know is clean). I have talked to two different people from the local sheriffs office, both said i need to do different things...The first lady said I need to give my friend the money and my purchase permit and the gun becomes mine, and they don't track ownership of guns. The second lady that I just talked to told me that I do not need a purchase permit, just a typed document stating that I bought the handgun from my friend. Which of them is true?
  2. thedude11

    thedude11 New Member

    Aug 11, 2003
    Likes Received:
    From :
    B. North Carolina Requirements
    North Carolina's pistol permitting and concealed carry permit laws qualify as an
    alternative to the requirements of the Brady Law. Therefore, when a person desires to
    purchase a handgun from a federally-licensed dealer, the person needs to comply solely with
    North Carolina's pistol permit laws, and present a valid permit to purchase a handgun or
    valid North Carolina-issued concealed carry permit. (Please note: Even if a NICS inquiry
    by a federally-licensed dealer was done in this circumstance, it does not do away with the
    necessity for a pistol purchase permit.) As always, any other transfer between private
    individuals is also governed by North Carolina's pistol permit laws.
    Under North Carolina law, it is unlawful for any person, firm, or corporation to sell,
    give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the
    purchaser or receiver has first obtained a license or permit to receive such a pistol by the
    sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver
    possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain
    a permit prior to the transfer of a pistol applies not only to a commercial transaction,
    typically at a sporting goods store, but also between private individuals or companies
    throughout North Carolina. N.C. Gen. Stat. § 14-402(a)
    In addition, this State law has been interpreted to require that a pistol permit be
    obtained by the receiver of a handgun when such person inherits a pistol as a result of the
    death of another person. The permit should be given to and retained by the seller or donor
    of the handgun. In such a case, the permit should be given to the executor or receiver of
    the estate of the deceased person. If the purchaser or receiver uses a North Carolina- issued
    concealed carry permit for the transfer, the seller should reference such permit on a bill of
    Further, it is unlawful for any person to receive from any postmaster, postal clerk,
    employee in the parcel post department, rural mail carrier, express agent or employee, or
    railroad agent or employee, within the State of North Carolina, any pistol without having
    in his or her possession, such a pistol purchase permit or North Carolina concealed carry
    A violation of this pistol permit law is a Class 2 Misdemeanor under North Carolina
    law. Specifically exempted from the provisions of this permit requirement are the transfer
    of antique firearms or historic-edged weapons. An "antique firearm" is one that was
    manufactured on or before 1898 and includes any firearm with a matchlock, flintlock,
    percussion cap, or similar ignition system, or a replica thereof if the replica is not designed
    or redesigned for using rimfire or conventional centerfire fixed ammunition. It also includes
    any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is
    designed to use black powder substitute, and which cannot use fixed ammunition. N.C.
    Gen. Stat. § 14-409(a) The term “antique firearm” shall not include any weapon which
    incorporates a firearm frame or receiver; is converted into a muzzle loading weapon; or is
    a muzzle loading weapon that can be readily converted to fire fixed ammunition by
    replacing the barrel, bolt, breechlock, or any combination thereof. A "historic-edged
    weapon" is defined to be a bayonet, trench knife, sword, or dagger manufactured during or
    prior to World War II, but no later than January 1, 1946. N.C. Gen. Stat. § 14-409.12
    The requirement of obtaining a permit prior to the receipt of a handgun does not apply to
    the purchase and receipt of "long guns," such as shotguns and rifles. The fee for pistol
    permits is set by statute and is $5.00 per permit.
    The permit requirements set out for the purchase or receipt of handguns in North
    Carolina also applies to the purchase, receipt, selling, giving away, or transfer of any
    crossbow. Therefore, prior to a person receiving a crossbow, the sheriff must issue a permit
    1A “crime punishable by imprisonment for a term exceeding one (1) year,” as discussed in C. (1) and (2)
    above, is defined in federal law so as to exclude most misdemeanors in North Carolina. Domestic violence
    misdemeanors discussed on the next page are disqualifying misdemeanors under federal law. 18 U.S.C. § 922(d)
    in the same manner as if the individual was receiving a pistol. N.C. Gen. Stat. § 14-402(a)
    A crossbow is defined as a mechanical device consisting of, but not limited to, strings,
    cables, and prods transversely mounted on either a shoulder or hand-held stock. This device
    is mechanically held at full or partial draw, and released by a trigger or similar mechanism,
    which is incorporated into a stock or handle. When operated, the crossbow discharges a
    projectile known as a bolt. A bolt is defined as a projectile made to be discharged from a
    crossbow and differs from an arrow in that the bolt is heavier and shorter. N.C. Gen. Stat.
    § 14-402(c)(2-3)

    Appears that you need a purchase permit...
  3. IceMurder

    IceMurder Guest

    so how do they know if i have a permit or not? i do have them but how do they know?
  4. thedude11

    thedude11 New Member

    Aug 11, 2003
    Likes Received:
    If you have one, then who cares?
  5. IceMurder

    IceMurder Guest just wondering how they know that its my gun if its not registered in my name...
  6. Soybomb

    Soybomb New Member

    Aug 30, 2003
    Likes Received:
    I don't know what a purchase permit involves there but it might be well one of things that they wouldn't ever notice unless you were being prosecuted and how you came about acquiring the gun was investiaged.
  7. thedude11

    thedude11 New Member

    Aug 11, 2003
    Likes Received:
    Your first post says NC doesn't have registration of pistols... :dunno:
  8. idleprocess

    idleprocess Bring a dollar with you baby in the cold cold grou

    Nov 15, 2006
    Likes Received:
    "world-class" to the brim Dallas
    No state permit is required to purchase a rile or shot-
    A license or permit must be obtained to purchase, sell,
    give away, transfer, inherit, or receive a handgun by ap-
    plying to the county sheriff in which the purchase is to be
    made or where the receiver resides. A purchase permit is
    good for five years from the date of issue. Antique ire-
    arms are excepted. A law enforcement officer authorized
    to carry firearms, if the purchase is directly related to
    official duties, does not need a permit.
    The sheriff shall issue such license or permit to a resi-
    dent of that county, unless the purpose of the license or
    permit is for collecting, in which case a license or permit
    may be issued to a nonresident.
    When the sheriff shall have fully satisfied himself as to
    the good moral character of the applicant, the applicant
    has successfully completed a criminal history check, and
    that the applicant desires the possession of the handgun
    for the protection of the home, business, person, family
    or property, target shooting, collecting, or hunting, such
    permit or license shall be issued.
    For good cause shown, a license or permit may be
    denied, and within seven (7) days of such refusal a written
    statement of the reason shall be issued to the applicant.
    Each applicant for any such license or permit shall be in-
    formed within thirty (30) days of the date of such ap-
    plication whether such license or permit shall be granted
    or denied, and, if granted, such license or permit shall be
    immediately issued to said applicant. A permit or license
    may not be issued to a person:
    • who is under indictment or who has been convicted
    of a felony (other than pertaining to antitrust violations,
    unfair trade practices or restraint of trade offenses) except
    that if a person has been later pardoned or is not prohib-
    ited from purchasing a firearm under the Felony Act, he
    may obtain a permit or license;
    • who is a fugitive from justice;
    • who is an unlawful user of or addicted to a drug;
    • who has been adjudicated mentally incompetent or
    has been committed to any mental institution;
    • who is dishonorably discharged from the military;
    • who has renounced his or her citizenship; or
    • who is under a court restraining order for harassing,
    stalking, threatening an intimate partner or a child.
    An appeal from such refusal may be made to the Chief
    Judge of the District Court for the district in which the
    application was filed.
    A permit is valid for the purchase of only one hand-
    gun. To obtain another handgun, an applicant must pro-
    cure another permit and must convince the issuing au-
    thority that he needs more than one handgun.
    A license or permit must be obtained from the Clerk
    of the Superior Court to purchase or receive any pistol
    suitable for iring blank cartridges.
    It is unlawful to sell, offer for sale, give or dispose of
    in any way, a handgun to a minor.
    The sheriff or clerk shall keep a record of all permits
    issued. This record shall contain the name, date, residence,
    prior residence and age of every licensee. Every dealer who
    sells pistols shall keep a record of all such sales.

    There are no state licensing requirements to possess a
    rile, shotgun, or handgun.
    Looks like the "purchase permit" only covers the transfer of ownership. Skirting the permit - even in a face to face transaction - probably isn't wise. Ownership might not be licensed, but there is de facto registration with the purchase permit.
  9. hsmith

    hsmith OT Supporter

    Feb 24, 2002
    Likes Received:
    Your mother.
    lol @ asking cops for legal advice

Share This Page