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Posted: 1/25/2014 12:32:50 PM EDT
hi folks, i'm a bit confused about the private sale of handguns in NC.  I would like to sell a unfired g36 but am not 100% sure on how to legally sell.  I think that i need to ask for one of the $5 permits from a buyer unless they are ccl, and then i just do a bill of sale.  Is that correct? thanks folks.
Link Posted: 1/25/2014 2:15:06 PM EDT
Those are the rules if you are in NC. Your ID sez you are in IL, so remember that interstate sales require a FFL.
Link Posted: 1/25/2014 2:30:06 PM EDT
i live here now, 6months..........forgot to change my info here. Thanks for noticing that. And, thanks for the help about the permit thing also.
Link Posted: 1/26/2014 7:07:36 AM EDT
Yea just make sure you have a NC drivers license, that should clear you of any residency issues, and remember you have to keep the pistol purchase permit forever, I would recommend scanning the permit and storing it via an e-mail to yourself and keeping the paper copy in a safe place. If the original paper copy is destroyed, by fire or some other unavoidable accident you still have some proof that you received a permit (the electronic copy is not enough if this gun comes up in a crime later, however I believe if you had a record of its loss due to fire they'd give you some slack especially if you had some proof I.E the electronic copy.) Since this will only matter if the gun comes up in a crime, if you are selling it to a good friend you trust the paper copy stored in a secure place should be fine.
Link Posted: 1/26/2014 11:35:35 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By wncgun:
Yea just make sure you have a NC drivers license, that should clear you of any residency issues, and remember you have to keep the pistol purchase permit forever, I would recommend scanning the permit and storing it via an e-mail to yourself and keeping the paper copy in a safe place. If the original paper copy is destroyed, by fire or some other unavoidable accident you still have some proof that you received a permit (the electronic copy is not enough if this gun comes up in a crime later, however I believe if you had a record of its loss due to fire they'd give you some slack especially if you had some proof I.E the electronic copy.) Since this will only matter if the gun comes up in a crime, if you are selling it to a good friend you trust the paper copy stored in a secure place should be fine.
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There is nothing in the law that requires the seller to take or keep the permit it only requires the buyer get one from the sheriff.

§ 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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