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Posted: 2/21/2015 12:53:19 PM EDT
Whats the law on a private sale  in NC on handguns. Thanks WarDawg
Link Posted: 2/21/2015 1:39:07 PM EDT
[#1]




Carolina Transfer info
www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf They changed the page to a pdf document. If you can't view a .pdf document, click this to get Acrobat.
This is the quote for all handgun sales, 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. 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.
GrassRoots NC
GrassRoots SC
Link Posted: 2/21/2015 1:49:32 PM EDT
[#2]
Thank you for the info.... WarDawg
Link Posted: 2/21/2015 8:07:02 PM EDT
[#3]
That wording is a little outdated and does not take all situations into account.  If you are selling to Joe Blow, he needs to get a purchase permit from his local sheriff.  If Joe Blow has a concealed handgun permit issued by NC, they don't need to get a purchase permit.  Note, that it must be issued by NC, not another state which NC recognizes their CHPs.  I run into this all the time with guys telling me they have a permit from another state and that it should be good enough.  If you are selling to a law enforcement officer, they don't need to obtain or have either permit.
Link Posted: 2/22/2015 12:48:23 PM EDT
[#4]
And, as you probably know, both the seller and buyer have to be residents of NC.
Link Posted: 2/23/2015 1:48:42 AM EDT
[#5]
Seems like a good time to rais this question/thought.

Let's remove the CCW exception for discussion sake:

I have been told this before, however never seen this practiced; the purchaser must obtain a permit for the sale of each handgun. The law doesn't state that a private seller is required to collect and keep the permit, correct?
Link Posted: 2/23/2015 12:07:05 PM EDT
[#6]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Seems like a good time to rais this question/thought.

Let's remove the CCW exception for discussion sake:

I have been told this before, however never seen this practiced; the purchaser must obtain a permit for the sale of each handgun. The law doesn't state that a private seller is required to collect and keep the permit, correct?
View Quote



Correct

§ 14-402.  Sale of certain weapons without permit forbidden.

(a)        It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14-403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

(b)        This section does not apply to an antique firearm or an historic edged weapon.

(c)        The following definitions apply in this Article:

(1)        Antique firearm. - Defined in G.S. 14-409.11.

(2),       (3) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011.

(4)        Historic edged weapon. - Defined in G.S. 14-409.12.

(5)        through (7) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011.  (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004-183, s. 1; 2004-203, s. 1; 2009-6, s. 2; 2011-56, s. 1.)
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