Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
Member Login
Site Notices
Posted: 8/21/2004 11:20:50 AM EST
Ok, I read the sticky at the top and it says


"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."



Ok, so you need a permit for a private transfer. Does this also pertain to family heirlooms/inheritance? I have heard it does.

The real question is, the reciever has a permit, but what does he do with it? Do you give it to the party that is transfering ownership? Do you call up the Sheriff and say I just bought a pistol from a non-FFL so will you cancel this permit? Does a face to face private sell require a notarization? More importantly, if a permit is required for inheritance, you cant exactly give the former owner the permit, since they are dead. So what do you do then?

With the new law, where you can use a CCL instead, do you just show them your CCL? Surely they cant keep that, or have any proof of it really.
Link Posted: 8/22/2004 4:03:17 AM EST
up to now, inheritance has had nothing to do with permits. lots of our liberal lawyer/politicians would like to have them included under the permit requirement. personally, i think that fly's in the face of personal property rights, privacy rights, etc. etc.

i was under the understanding that you would handle the transfer thru a dealer. could be wrong. any clarification out there?
Link Posted: 8/22/2004 5:16:38 AM EST
Link Posted: 8/22/2004 6:00:12 AM EST
Also the above quote, it says that the reciever must obtain a permit, but it never says what to do with it.

I would think go thru a FFL as well.
Link Posted: 8/22/2004 6:13:07 AM EST
Ok just read some more of the NC Justice Dept webpage.

It says:

"In addition, this State law has been interpreted to require that a pistol permit be obtained by the reciever 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 reciever of the estate of the deceased person"

So, I'm an only child, and would be the executor of my parent's estate. I guess this means I would get a permit and give it to myself.

Also, from that reading, where you dont use an FFL for an inherited pistol, it doesn't seem like you'd have to go thru an FFL for a private party transfer either. The seller would just keep the permit (which really doesn't seem like a good idea legally, seems the chances of someone losing the reciever permit are pretty high).
Link Posted: 8/22/2004 6:34:02 AM EST
[Last Edit: 8/22/2004 6:36:45 AM EST by John-NC]

Originally Posted By threefiftynone:
Patiently waiting on John-nc. He has had answers to all the legal questions pertaining to our fair state. I'll look him up and IM him.


I finally arrived. I'm not a lawyer, so don't take what I say as legal advice. It is my understanding that all handgun transfers require a pistol permit or perhaps now a concealed carry permit.
hth,
John-nc

edit for spelling
Link Posted: 8/22/2004 6:42:24 AM EST
[Last Edit: 8/22/2004 6:43:18 AM EST by crazyquik]
Yeah but what do you do with the permit?

Show it to seller and keep it? Give it to seller?

With an estate you give it to the executor. But with a private seller you may never see them again, so would you keep it in your own files?
Link Posted: 8/22/2004 6:58:18 AM EST

Originally Posted By crazyquik:
Yeah but what do you do with the permit?

Show it to seller and keep it? Give it to seller?

With an estate you give it to the executor. But with a private seller you may never see them again, so would you keep it in your own files?



What I was told by the Wake Co. Sheriffs Office is that the seller gets and keeps it. Although,I don't know how long they are to be kept.
Link Posted: 8/22/2004 7:00:06 AM EST

Originally Posted By crazyquik:
Yeah but what do you do with the permit?

Show it to seller and keep it? Give it to seller?

With an estate you give it to the executor. But with a private seller you may never see them again, so would you keep it in your own files?




When the Sheriff's Office is asked this question, we tell the buyer to give the permit to the seller or executor, but to keep a photocopy for his/her own records, along with a bill of sale for the handgun. This serves two purposes: It is proof that the buyer complied with NC law requiring a permit, and it gives the buyer a record of purchase, which will be essential if the gun is ever stolen & recovered, since most agencies now ask for proof of ownership before returning stolen property (including firearms). All you need to be concerned with is your paper trail, it is up to the seller/executor to take care of the other end. If you are the executor, just keep your permit as proof you complied with the statutory requirements.
Top Top