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Posted: 1/21/2022 12:27:16 PM EDT
When selling a long gun (shotgun) in a private face to face sale in NC are you required to see a CCW or purchase permit or anything? If not, what are the legal requirements of the seller for a sale like this? Can't seem to find the actual law/statute on this. Thanks for the help.
Link Posted: 1/21/2022 3:00:17 PM EDT
[#1]
The buyer has to be an in-state resident; you must not suspect/know that the person is ineligible to purchase a firearm (age, felony, etc).  The reason some people do ask for a ccw or pistol purchase permit is to cover their a** in the eventuality that the person was not eligible under the law to purchase a firearm and then he uses it to do harm to another....if it can be traced back to you then you open yourself up to civil liability if the injured person/family can show that you did not in "good faith" determine the person's eligibility.  It might be a long shot, but you never know with courts and lawyers these days.  As least if you have seen a valid NC ccw or NC pistol permit your defense would be that he had undergone a background check by the state.  Some folks will not agree to showing a ccw or pistol permit in a private ftf sale, so if that is a condition, make it known up front to the potential buyer.
Link Posted: 1/21/2022 5:04:39 PM EDT
[#2]
Discussion ForumsJump to Quoted PostQuote History
Quoted:

The buyer has to be an in-state resident; you must not suspect/know that the person is ineligible to purchase a firearm (age, felony, etc).  The reason some people do ask for a ccw or pistol purchase permit is to cover their a** in the eventuality that the person was not eligible under the law to purchase a firearm and then he uses it to do harm to another....if it can be traced back to you then you open yourself up to civil liability if the injured person/family can show that you did not in "good faith" determine the person's eligibility.  It might be a long shot, but you never know with courts and lawyers these days.  As least if you have seen a valid NC ccw or NC pistol permit your defense would be that he had undergone a background check by the state.  Some folks will not agree to showing a ccw or pistol permit in a private ftf sale, so if that is a condition, make it known up front to the potential buyer.
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Thanks, is that the law? From what I can find, for long gun/shotgun sales only a NCDL is necessary for buying/selling and for a handgun you need to see a CCW or purchase permit.
I always get a bill of sale and would get a copy of the NCDL at a minimum.
Link Posted: 1/21/2022 7:28:40 PM EDT
[#3]
Yes, federal law.  Any sale across state lines requires you to go through a ffl.  Also federal law that the buyer must be eligible under federal law to purchase the firearm.
Link Posted: 1/22/2022 7:17:32 AM EDT
[#4]
Like most states, there is no state law regarding long guns.  You default to federal law.

Generally speaking, you must not have reason to believe they are not a resident of your state. You must not have reason to believe they are prohibited from owning or possessing firearms, and you must not have reason to believe they are under the age of eighteen.

Aside from that, federal law places the burden of following the law on the buyer.
Link Posted: 1/22/2022 2:53:56 PM EDT
[#5]
Discussion ForumsJump to Quoted PostQuote History
Quoted:
Like most states, there is no state law regarding long guns.  You default to federal law.

Generally speaking, you must not have reason to believe they are not a resident of your state. You must not have reason to believe they are prohibited from owning or possessing firearms, and you must not have reason to believe they are under the age of eighteen.

Aside from that, federal law places the burden of following the law on the buyer.
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Thank you. So as a seller, is getting a bill of sale that they sign (stating they can legally own a firearm) and getting a copy of their NC license all I legally need to do? Seems like all I really could do since not everybody buys handguns and has a CCW or purchase permit.
Link Posted: 1/22/2022 3:16:01 PM EDT
[#6]
Legally you do not have to see a driver's license or get a bill of sale.....it is not required.  The question is...to cover your own a** in case it turns out the person is not a resident of the state or is not legally able to purchase a firearm then you might want to...again, it is your decision.  Some folks will not agree to show you a driver's license or sign a bill of sale even when they are buying legally because they simply don't want a record of the sale anywhere or because they think it is "none of the government's business", etc.  Again, if you are putting up any conditions on the sale, make sure the buyer knows that up front so they can decide if they want to buy from you.
Link Posted: 1/22/2022 5:37:30 PM EDT
[#7]
Link Posted: 1/23/2022 2:13:43 AM EDT
[#8]
Discussion ForumsJump to Quoted PostQuote History
Quoted:



Thank you. So as a seller, is getting a bill of sale that they sign (stating they can legally own a firearm) and getting a copy of their NC license all I legally need to do? Seems like all I really could do since not everybody buys handguns and has a CCW or purchase permit.
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Discussion ForumsJump to Quoted PostQuote History
Quoted:
Quoted:
Like most states, there is no state law regarding long guns.  You default to federal law.

Generally speaking, you must not have reason to believe they are not a resident of your state. You must not have reason to believe they are prohibited from owning or possessing firearms, and you must not have reason to believe they are under the age of eighteen.

Aside from that, federal law places the burden of following the law on the buyer.



Thank you. So as a seller, is getting a bill of sale that they sign (stating they can legally own a firearm) and getting a copy of their NC license all I legally need to do? Seems like all I really could do since not everybody buys handguns and has a CCW or purchase permit.



I already told you the legal requirements.  

"You must not have reason to believe..."

Were it not for the NC handgun permit system, the same would be true for handguns.  Just like in most states.

Even when it comes to handguns in NC, there is no requirements for keeping records. State law says the receiver must possess a purchase permit, which is also satisfied by a NC issued CHP, and a couple of classes of certain people don't need that.

No one can ever come after you for failing to keep a record because there is no requirement to do so.  If you are scared, take it to a dealer and ask them to consign it for you.

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