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10/20/2017 1:01:18 AM
9/22/2017 12:11:25 AM
Posted: 9/20/2005 9:55:19 PM EDT
i'm 19, and i wanted to purchase a pistol from a friend b/c i heard that it was legal. now i'm reading something that says it's not legal and you need a permit for any kind of transfer. can anyone clarify this for me? and i assume there's no way to get a permit unless i'm 21. thanks a lot.
Link Posted: 9/20/2005 11:22:08 PM EDT
Link Posted: 9/21/2005 8:42:22 AM EDT
so if my dad bought it he could "give" it to me?
Link Posted: 9/21/2005 4:46:07 PM EDT
[Last Edit: 9/21/2005 7:45:35 PM EDT by wolffie]
In NC a permit is required for any transfer of a handgun. The permit can be obtained from your local sherrif after you are 21 years old. The requirements vary depending on the sherrif but the age is 21. The exception is that the handgun may be purchased as a gift for an immediate family member. The one purchasing the firearms must acquire the permit for the purchase, and the one receiving the handgun must be legally eligable to own the handgun otherwise it constitutes a straw purchase. I'm not sure about the age requirement, as it hasn't affected me as long as I've been in NC. Check the NC Attorney Generals website for the compendium of state firearms laws. Or, call your sherrif and ask if it is legal for a 19 year old to posses a handgun that was gifted to them from a parent. It's entirely possible, as an 18 year old may inherit firearms from there parents.

If it's not kosher, have your Dad buy it, keep it for you, go shooting with him, (He'll probably enjoy spending the time with you), and when you are 21 legally take possesion of the pistol.

There are a lot of teenagers who shoot IDPA and IPSC, with handguns here in the Triangle. Chris Tilley comes to mind as one who does it exceptionally well.

Good luck.
Link Posted: 9/21/2005 5:46:54 PM EDT
[Last Edit: 9/21/2005 6:01:08 PM EDT by dullh]
Here's the short, concise answers:


i'm 19, and i wanted to purchase a pistol from a friend b/c i heard that it was legal.
It's *NOT* legal.
now i'm reading something that says it's not legal and you need a permit for any kind of transfer.
NC law requires a permit be issued for any handgun transfer; you have to be 21 or older to get a purchase permit.
and i assume there's no way to get a permit unless i'm 21.
Your assumption is correct
thanks a lot.
You're welcome.


Link Posted: 9/21/2005 5:55:26 PM EDT
[Last Edit: 9/21/2005 6:01:50 PM EDT by dullh]

Originally Posted By wolffie:
In NC a permit is required for any transfer of a handgun. The permit can be obtained from your local sherrif after you are 21 years old. The requirements vary depending on the sherrif but the age is 21. The exception is that the handgun may be purchased as a gift for an immediate family member. The one purchasing the firearms must acquire the permit for the purchase, and the one receiving the handgun must be legally eligable to own the handgun otherwise it constitutes a straw purchase. THE ONE BUYING AND RECEIVING THE HANDGUN, UNDER FEDERAL LAW, MUST BE ONE IN THE SAME! A STRAW PURCHASE IS WHEN THE BUYER BUYS ANY FIREARM FOR ANYONE EXCEPT FOR THEMSELVES, WHETHER THE INTENDED RECIPIENT IS ELIGIBLE TO OWN A FIREARM OR NOT! WHAT DO YOU THINK A "STRAW" PURCHASE IS? YOU ARE REQUIRED TO AFFIRM, ON THE FORM 4473, THAT YOU ARE BUYING THE GUN FOR YOURSELF! BUYING A GUN FOR ANYONE OTHER THAN YOURSELF IS A STRAW PURCHASE AND THEREFORE A VIOLATION OF FEDERAL LAW!!
I'm not sure about the age requirement, as it hasn't affected me as long as I've been in NC. Check the NC Attorney Generals website for the compendium of state firearms laws. Or, call your sherrif and ask if it is legal for a 19 year old to posses a handgun that was gifted to them from a parent. It's entirely possible, as an 18 year old may inherit firearms from there parents.

If it's not kosher, have your Dad buy it, keep it for you, go shooting with him, (He'll probably spending the time with you), and when you are 21 legally take possesion of the pistol.

There are a lot of teenagers who shoot IDPA and IPSC, with handguns here in the Triangle. Chris Tilley comes to mind as one who does it exceptionally well.

Good luck.

Link Posted: 9/21/2005 7:37:04 PM EDT
[Last Edit: 9/21/2005 7:42:06 PM EDT by wolffie]
I beg to differ. It is certainly legal to buy a firearm as a gift for a family member. Per a phone call to the Raleigh ATF office last fall, unless the law has been revised, in the last year, the "straw" purchase requires that the buyer is purchasing the firearm for someone who CANNOT LEGALLY OWN THE FIREARM. The 4473 asks whether or not you are the actual purchaser of the firearm. i.e., you cannot take money from someone to buy a firearm for them. But, you may purchase one as a gift to someone else.
Link Posted: 9/21/2005 9:09:05 PM EDT

Originally Posted By dullh:
THE ONE BUYING AND RECEIVING THE HANDGUN, UNDER FEDERAL LAW, MUST BE ONE IN THE SAME! A STRAW PURCHASE IS WHEN THE BUYER BUYS ANY FIREARM FOR ANYONE EXCEPT FOR THEMSELVES, WHETHER THE INTENDED RECIPIENT IS ELIGIBLE TO OWN A FIREARM OR NOT! WHAT DO YOU THINK A "STRAW" PURCHASE IS? YOU ARE REQUIRED TO AFFIRM, ON THE FORM 4473, THAT YOU ARE BUYING THE GUN FOR YOURSELF! BUYING A GUN FOR ANYONE OTHER THAN YOURSELF IS A STRAW PURCHASE AND THEREFORE A VIOLATION OF FEDERAL LAW!!



Incorrect, read the back of the 4473 sometime.

Important Notices

1. For purposes of this form, you are the actual buyer if you are purchasing the
firearm for yourself or otherwise acquiring the firearm for yourself (for example,
redeeming the firearm from pawn/retrieving it from consignment).You are also the
actual buyer if you are acquiring the firearm as a legitimate gift for a third party.

ACTUAL BUYER EXAMPLES: Mr. Smith asks Mr. Jones to purchase a firearm for
Mr. Smith. Mr. Smith gives Mr. Jones the money for the firearm. Mr. Jones is NOT
the actual buyer of the firearm and must answer “no “ to question 12a. The
licensee may not transfer the firearm to Mr. Jones. However, if Mr. Brown goes to
buy a firearm with his own money to give to Mr. Black as a present, Mr. Brown is
the actual buyer of the firearm and should answer “yes” to question 12a

So, you are fine on the federal side. NC law i am not familiar with but from what others are saying you sound like your in the clear.
Link Posted: 9/21/2005 9:40:30 PM EDT

Originally Posted By wolffie:
There are a lot of teenagers who shoot IDPA and IPSC, with handguns here in the Triangle. Chris Tilley comes to mind as one who does it exceptionally well.

Good luck.



I've had the privilege of shooting with Chris Tilley. Saying that he shoots "exceptionally well" is a understatement!


Vulcan94
Link Posted: 9/22/2005 11:40:25 AM EDT

Originally Posted By wolffie:
I beg to differ. It is certainly legal to buy a firearm as a gift for a family member.




Absolutely! Witness Sarah Brady buying the rifle for her son as a gift.
Link Posted: 9/23/2005 10:37:20 AM EDT
For ANY TRANSFER OF ANY KIND of a handgun (save antqiues as defined in NC statute 14) a permit must be obtained from the sheriff.

Even if you 'loan' a handgun to a friend at the range, he better have permit!

Link Posted: 9/23/2005 10:41:11 AM EDT
Article 52A.

Sale of Weapons in Certain Counties.

§ 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 or crossbow 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 or crossbow 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 section:

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

(2) Bolt. – A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.

(3) Crossbow. – 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 that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.

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

Link Posted: 9/23/2005 10:43:29 AM EDT
See what I posted in bold.

Do not take a handgun from anybody for any reason whatsoever unless you have a permit from the sheriff.

This excludes antique handguns and blank firing handguns.

You've been warned!
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