Posted: 2/28/2011 9:58:03 AM EDT
| Does your dealer require you to have a purchase permit for this ? |
|
Quoted:
Never bought just a lower. But I dont see why they would require the permit. It a rifle part nothing to do with a pistol. But I could be wrong. It can be made into either a rifle or a pistol, so it's neither of them...it's just a receiver...so it now gets marked as "other" as stated by nooneimportant. If I am correct, before the 4473 form changed, they had to ask you what your intention was and then it was transferred based on this intention. I can't recall if they asked for the permit based on your answer. However, if it was officially transferred as a rifle, and you made a pistol out of it, you would be in big trouble. I think NC requires the permit to transfer the "other" weapon... |
|
Quoted:
Mid to late last year I bought one (then promptly lost it in a boating accident.) Damn, I've really got to be careful looking at stuff when I'm on my houseboat. I didn't need a special permit here in SC. I had it transfered to me as a rifle lower. (I think) SC is different, though. We don't have any sort of "purchase permits" like they do in NC. |
|
I thought: you're supposed to have to show a permit/CHP for a stripped lower now but some dealers require it some don't. I don't know if mine do since I always just hand them my DL and CHP regardless of what I'm transferring/purchasing.
Edited: I guess flatfrogflyer's info contradicts my belief. |
| The last time someone brought this up I contacted the NC ATF industry office and they said that the lower now being classified as "other" is because they now consider it a frame. He also stated that there was as far as they knew no requirement for the use of a pistol permit to purchase one in NC since it is not by definition a "pistol" or "handgun" frame. I also called several dealers in the foothills and all stated that they were not requiring pistol purchase permits for stripped lower sales. |
| I just got through calling several different FFLs in my area to to a transfer on a stripped lower. Several of them require a pistol purchase permit, and one wouldn't do a transfer on a stripped lower but had no issues with a complete with stock attached. I'm guessing its simple confusion over the regulations or your basic liability asscovering. |
| Just got a stripped lower a couple of months ago shipped through my local FFL and they did not require a pistol permit. From what I understand if I stated my intention was to build a pistol out of it then they would have required a permit. However, as I did not buy it with a permit, if I went and turned my lower into a pistol I'd be in trouble. |
|
Quoted:
Just got a stripped lower a couple of months ago shipped through my local FFL and they did not require a pistol permit. From what I understand if I stated my intention was to build a pistol out of it then they would have required a permit. However, as I did not buy it with a permit, if I went and turned my lower into a pistol I'd be in trouble. I believe that you can still build it as a pistol even without being required to provide a permit upon delivery of the lower. |
Clear as mud, ain't it? 
A few years back, I bought a couple of MEGA stripped lowers that were marked "PISTOL". When I went to my FFL to pick them up, he asked me if I wanted to get them both that day or get one and come back for the other in a week. I didn't understand. He explained the extra paperwork he'd have to fill out on me for a "multiple handgun purchase", told me that if I came back in a week he wouldn't have to do the extra paperwork. I got one that day and came back for the other a week later. He only charged me a $15 transfer fee for the first one. Free 4473 on the second. Bob rocks. 
This is getting stupid. 
ETA: I've had my CHL for nearly 10 years, so I just show that when I'm picking something up, maybe that makes a difference? I took the class from the aforementioned Bob that rocks. |
|
This is once again Fed law and NC state law overlapping in odd ways.
Feds decide that stripped lowers are "other" NC makes no change in the existing law. Dealers asking ATF will get no help. It is a NC law and doesn't involve ATF. Asking NC State DOJ will take months for them to decide what to do. The simple thing to do is get rid of the outdated and redundant NC pistol purchase law. Thats not going to happen with out a lot of pressure. For one thing Sheriffs don't want to give up that power and for another it puts a fair amount of unbudgeted funds into the Departments. So if you are a dealer and you are following Fed law, and getting no guidance on State law it is no wonder that some dealers are taking a better safe than sorry attitude. |
|
Since this is sort of on topic, and I've always been curious........
What exactly is a "purchase permit"? I understand you need one to buy a handgun in NC, but is it something you have to "apply" for and wait for approval for? Or do you just go to a county office and pick it up or something? After that, can you walk out of the store with a handgun, or does it involve some sort of waiting period? |
|
Quoted:
Since this is sort of on topic, and I've always been curious........ What exactly is a "purchase permit"? I understand you need one to buy a handgun in NC, but is it something you have to "apply" for and wait for approval for? Or do you just go to a county office and pick it up or something? After that, can you walk out of the store with a handgun, or does it involve some sort of waiting period? The following will give you an idea of the current procedure for Mecklenburg County (taken from their web site). Other counties may have a slightly different process and the time it takes to actually receive the purchase permit may vary: General Information Due to the volume of requests for purchase permits, the current wait time is approximately 30 days and for concealed carry permits, the wait time is 90 days. We apologize for the inconvenience, but our goal is to ensure each citizen is given the attention needed to complete the process. Permits to buy handguns in North Carolina can be obtained from the county sheriff (or, in 10 counties, the clerk of superior court). In Mecklenburg County it is the Sheriff's Office. The office hours to fill out a handgun purchase permit are Monday through Friday from 8 a.m. to 5:00 p.m. and 1 p.m. to 4:00 p.m. Cost is $5.00. Anyone wishing to use the service should come to the Gun Permits Bureau Office which is located at 715 E. Fourth St., Suite 200. The building is across the street from the current Criminal Courthouse and behind the historic Mecklenburg County Courthouse, slightly below street level. Handgun Purchase Permit Requirements Applicant must: be a citizen, a naturalized citizen or a resident alien; be twenty-one (21) years of age; have attained at least one month's residency in Mecklenburg County; provide a valid driver's license or other picture ID with current address provided by the state of North Carolina. A criminal background check must be performed before granting of permit. Permit to purchase a handgun costs five dollars ($5.00). Permit to purchase a handgun is valid for a period of five (5) years from date of issue. |
|
A pistol purchase permit is not required to buy a stripped lower. The only requirements that need to be met are that you are a resident of the state of North Carolina and are at least 21 years of age. On the 4473 it will be listed as a Other Firearm (frame, receiver) and will be ran through NICS just like buying a rifle. The NICS check will not be done if the purchaser has in his possesion a CHP or pistol purchase permit as both of these are valid alternatives to a NICS check. Jason |
|
Just got off the phone with the AG office and they stated that "By law, a pistol permit is not required for the purchase of an AR lower receiver but a seller is within their legal right to require a pistol purchase permit". They also stated that if the buyer intends to make a pistol then they should advise the dealer and provide a purchase permit or present a CHP .
If the dealer or seller wants to cover their bases and requires a permit then that's their choice. This is the same reason that a dealer or seller may request a pistol purchase permit even from a CHP holder. Their name on the line, their call on what is sufficient. Don't ya love state government? 
|
|
Quoted:
Quoted:
Since this is sort of on topic, and I've always been curious........ What exactly is a "purchase permit"? I understand you need one to buy a handgun in NC, but is it something you have to "apply" for and wait for approval for? Or do you just go to a county office and pick it up or something? After that, can you walk out of the store with a handgun, or does it involve some sort of waiting period? The following will give you an idea of the current procedure for Mecklenburg County (taken from their web site). Other counties may have a slightly different process and the time it takes to actually receive the purchase permit may vary: General Information Due to the volume of requests for purchase permits, the current wait time is approximately 30 days and for concealed carry permits, the wait time is 90 days. We apologize for the inconvenience, but our goal is to ensure each citizen is given the attention needed to complete the process. Permits to buy handguns in North Carolina can be obtained from the county sheriff (or, in 10 counties, the clerk of superior court). In Mecklenburg County it is the Sheriff's Office. The office hours to fill out a handgun purchase permit are Monday through Friday from 8 a.m. to 5:00 p.m. and 1 p.m. to 4:00 p.m. Cost is $5.00. Anyone wishing to use the service should come to the Gun Permits Bureau Office which is located at 715 E. Fourth St., Suite 200. The building is across the street from the current Criminal Courthouse and behind the historic Mecklenburg County Courthouse, slightly below street level. Handgun Purchase Permit Requirements Applicant must: be a citizen, a naturalized citizen or a resident alien; be twenty-one (21) years of age; have attained at least one month's residency in Mecklenburg County; provide a valid driver's license or other picture ID with current address provided by the state of North Carolina. A criminal background check must be performed before granting of permit. Permit to purchase a handgun costs five dollars ($5.00). Permit to purchase a handgun is valid for a period of five (5) years from date of issue. Thanks for the info. That clears it up nicely. Personally, I hope that entire system disappears at some point. |
|
Quoted:
If the dealer or seller wants to cover their bases and requires a permit then that's their choice. This is the same reason that a dealer or seller may request a pistol purchase permit even from a CHP holder. If I was the buyer and the seller demanded a pistol purchase permit on top of my CHL, they just lost a sale, no matter how good the deal is. |
|
Quoted:
Quoted:
If the dealer or seller wants to cover their bases and requires a permit then that's their choice. This is the same reason that a dealer or seller may request a pistol purchase permit even from a CHP holder. If I was the buyer and the seller demanded a pistol purchase permit on top of my CHL, they just lost a sale, no matter how good the deal is. Free enterprise is a wonderful thing. |