Hi guys.  

I have some bad news from my father.  He has a recurrence of Metastatic Colon cancer that may have spread to his stomach.  He has lost a large amount of weight, and per his caretakers/friends in the area, his Dr. is more concerned with quality of life than extension of life at this point.

My family and I may have to head up at short notice to visit with him and say our goodbyes.  

He will be giving us stuff to keep in the family and disseminate to other family members when we come back.    

He has multiple firearms that he will be giving to me and his grand-daughters.   My question is:  Can I pick these firearms up while there, and just bring them back to Texas with me?  I know you can't buy in another state without going through an FFL and sending to an FFL in your home state.

Is this a case of "Don't invite the man into your life", and I can just bring them back with me as gifts?

Thanks for your help.

If you're interested, he's in the Asheville area.

To buy a handgun in NC, even individual to individual, you're required to have a pistol purchase permit from the local Sheriff's Dept. This is not required for long guns. So, no question that long guns are good to go.

I wouldn't think the PPP requirement would be part of a gift/heirloom transaction.

I would just take them all home. Just make sure they're in the trunk or locked away as to not get into a concealed weapon situation without a permit.

I have a valid Texas CHL.  I just went over the NC carry laws and reciprocity.  Looks like I'm good to carry there, as long as I pay attention to signage.

Thanks

Here's the exact wording from our Attorney General's publication.

http://www.ncsheriffs.org/documents/NC_Firearms_Laws-February_2014.pdf

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 sale.

The problem is there is nothing addressing out of state inheritances. Since you have a Texas CHL (the county where you reside) you should be covered but still might want to check with a lawyer (just in case).

1st off I am sorry for your terrible news, 2ndly I'd load them up and keep my mouth shut!

This. Unless it is something that is illegal in your state or requires additional taxes to be paid, I wouldn't worry about it.

One way to do it legal is to ship it to a dealer in Texas.  If there is no in-state transfer, you're fine.  Also, if the transfer takes place in South Carolina, there is no law broken.  There has always been a problem regulating the private sales of firearms.  The only people who are going to follow the law are the ones who aren't going to be doing anything bad with the firearms.

Load them up, toss in the trunk and head for Texas. Don't be like a military officer and

 

Thanks for the replies everyone.  I may not be heading home with anything just yet.  Father took a turn for the worse and had a heart attack yesterday.  He had a 90% blockage in one heart chamber, and 70% in another.  They did a cleaning/stent because the normal double bypass would kill him right now.

We're piling in and driving up Sunday at 0'Dark thirty for the 16 hour or so drive.   He doesn't want us to come see him in the hospital, but we're not going to twiddle our thumbs down here if something happens.
So.. wife and I are looking at this like an unexpected vacation and we're going to be in the area if he wants to see us.

We don't want to cause undue stress, but his grand daughters want to see him at least once before he passes.

Anyone in the Asheville area that can tell me what sides of town to avoid?  And what we can do when we're not visiting?

agree

Regardless of Comrade Attorney General "Red" Roy Cooper's typical refusal to just state NC law, you cannot legally just take possession of a  gun outside of your state of residence.

 even though legally accurate, I can't say as I know of any case where someone was arrested for violating this law in the case of a firearm being gifted from one family member to another.

I actually once had a friend who bought a gun from another friend and just shipped it to him across state lines. as far as I know the guy still has it and uses it in his EDC rotation.

The likelihood of getting caught and examples of others having done it aside, I would not promote, advise or encourage anyone to commit a state or Federal crime - especially on a public forum on the internet.



Do people transfer pistols in NC everyday without out the receiver having a pistol purchase permit or NC CHL as per NCGS §14-402?  Yes.  Is it a crime (class 2 misdemeanor)?  Yes.



Do people transfer firearms, including pistols, to people from out of state and / or across state lines in violation of 18 USC §922(a)(3) and (b)(3)?  Probably thousands every day.  Is it a Federal felony that could land a person in prison and cost them their RKBA?  Yes.



Do people do these crimes and then whine like beaten puppies if they get caught?  Yes.



And it's an ARFCOM COC #4 violation.

Granted this is "skirting the law" IMO, but what if you were to borrow the firearms from him? There is nothing that I'm aware of that prohibits you from borrowing firearms and taking them out of state, no transfer of ownership (just possession), so long as they're not NFA items and both you and the guns are legal where ever you're going, which it sounds like you're OK.

Well, thank you all for the replies.  I'll see what I need to do to get them back down to me legally.  I possess a valid Texas CHL.   What's involved in a permit to buy?
I think the weapons he's going to be handing down to me are all rifles.

 

I broke no COC. I did not say "do it" i just said I've seen it done and nothing came of if.

Did I say you did?  We can all look at the posts above.  One poster said just load them up and a chorus chimed in agreeing with that.  That happens in every thread like this.



Personally I know people do this all the time and only the most zealous black-garbed, masked, jack-booted thug of the armed organs of State security would ever actually stomp someone's kitten over it...  Except that there have been kittens stomped for less.

Who's to say you didn't bring em from Texas to have some range time with family.
Sorry to hear about your Dad's poor health.