Posted: 5/26/2007 9:12:45 AM EDT
| Well just turned 21 on tuesday... now its time to buy a pistol. I am going to buy a Taurus 92 from my dad. Question is since im buying it from him do I need a pistol permit? Or do we take it into a shop and do the transfer there. Just trying to do things the right way. |
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You'd need to present a pistol permit either way. Yeah, I know it's dumb to hand it to your dad, but that's the law. If you get busted for something and they find that pistol in your car, and there's no record of you getting a PP at the sheriff's office, you could be kinda screwed. Go ahead and pick up a couple while you're there. They're just $5! |
i agree that the PP is required for a transfer but at the same time there is a "gift" clause. if you have a clean record(and your dad should know this), then it could simply be a gift from him and no PP is required. believe me, there is not a PP on record for even 25% of all LEGALLY owned pistols in this state. think of it like this, it's christmas time and you open up a nicely wrapped gift from your dad. the gift is a NIB Kimber 1911 that you have had your eye on. are you going to give your dad a PP for it? or just get all big eyed and say thanks a bunch and merry X mas? i know what the majority of people here would do , they just won't admit it over the web. also, i don't know if this law has changed or not, but used to in NC(just a few years ago if it has changed), you could LEGALLY own a pistol at 18, you just could not buy it of course and i don't think that you could carry it. the PP laws have been on the books since the 50's(if i remember correct). i even know several people that have had pistol(s) since they were 18 and they were givin as a gift from there parents, grand parents, uncles, etc. and it was perfectly legal. even though a permit only cost $5 , to me it is just a little retarded to actually have to give a parent a permit if they give you(sale you) a pistol. to each there own. just my .02 camaro |
Where did you find this "gift clause". According to NC Firearm Laws, there is no exception from the Pistol Permit requirement.
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§ 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.) Thats the statute. Will a DA prosecute if you give your father a handgun?....You too can be a test case. NOI |