What happens to my guns when I die???

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[ARCHIVED THREAD] - What happens to my guns when I die???

Posted: 4/8/2006 7:17:42 PM EDT

I was just thinking about what will happen to my hand guns when I die. In NC you can't tranfer a gun to someone without a them having a permit. My wife nor my kids have a permit so what happens to the guns???

Posted: 4/8/2006 7:40:47 PM EDT

[#1]

What guns?

No need for a permit if the receiver of the handgun has a valid CHL. Long guns, no permit required.

Posted: 4/8/2006 7:42:57 PM EDT

[#2]

What's a CHL?

Posted: 4/9/2006 5:20:24 AM EDT

[#3]

CHL = Concealed handgun License

NC Firearms Laws PDF
In addition, this State law has been interpreted to require that a pistol permit be
obtained by the receiver 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 receiver of
the estate of the deceased person

Posted: 4/9/2006 11:49:30 AM EDT

[#4]

Quoted:
NC Firearms Laws PDF
In addition, this State law has been interpreted to require that a pistol permit be
obtained by the receiver 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 receiver of
the estate of the deceased person

Honestly guys, in this case of inheritence is it really a big enough deal to warrant the above? I don't know if any of you know how loosely recorded the handgun purchase permits are, but it's an utter joke. It's so loosely recorded that the ATF has a daily duck-fit over it, but they can't do anything about it cause it meets their own guidelines.

I'd honestly be more worried about getting in trouble for jay-walking than leaving my handguns to my wife and kids sans purchase permit. I think everyone is just looking waaaaaaaaaay to deep into this.

DL3

Posted: 4/9/2006 12:37:44 PM EDT

[#5]

I agree DL3.........people forget it's Permit to Purchase not a permit to Own

Nobody's going to be checking

Pinz

Posted: 4/9/2006 1:44:42 PM EDT

[#6]

Its a damn shame you can't take them with you.

Posted: 4/9/2006 5:43:51 PM EDT

[#7]

I've met plenty of people who had guns left to them, it was usually a father to son deal, but there was never really an issue from what I understand.

Posted: 4/9/2006 6:12:55 PM EDT

[#8]

I was just curious about it. I got to thinking about it the other day.

Posted: 4/9/2006 7:03:50 PM EDT

[#9]

Well you would be breaking the law.

It's a gray area that needs to be changed in Raleigh.

Your not even supposed to loan your wife or husband a handgun at the shooting range unless they give you a purchase permit (saying they don't have a CHL)

Posted: 4/9/2006 7:52:09 PM EDT

[#10]

Quoted:
Well you would be breaking the law.

It's a gray area that needs to be changed in Raleigh.

Your not even supposed to loan your wife or husband a handgun at the shooting range unless they give you a purchase permit (saying they don't have a CHL)

What I've yet to figure out about Raleigh is that the NC Constitution forbids a municipality from enacting tougher gun restrictions than the state constitution specifies. Just like no municipality can prevent concealed carry in its jurisdiction to those who are legally licensed. I believe its some type of uniformity clause.

Just like Pinz said "people forget it's Permit to Purchase not a Permit to Own/Possess"

DL3

Posted: 4/10/2006 10:00:30 AM EDT

[#11]

Durham is the same way.

Posted: 4/10/2006 6:23:33 PM EDT

[#12]

Any TRANSFER of a handgun requires a pistol purchase permit or a CHP unless the handgun is an antique.

You are right to say you do not need one to to own or possess a gun unless the gun is not yours.

Posted: 4/10/2006 6:30:26 PM EDT

[#13]

Simple.

You croak, your wife (or other heir(s)) goes to the county sheriff and gets up to five (5) pistol purchase permits at a time (if you have more than five pistols) and she (or other heirs) gives them to the executor of your will.

You have a will, right?

Posted: 4/10/2006 6:33:59 PM EDT

[#14]

§ 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.

Posted: 4/10/2006 9:09:26 PM EDT

[#15]

Sounds like a lot of folks around here need to read less and get out to enjoy life more. I assume none of you have ever exceeded the posted speed limit either? If everyone in the hometown forum is this uptight over such a petty issue I think I'll just spend my quality time over in the EE section.

Posted: 4/10/2006 10:58:49 PM EDT

[#16]

Uptight = no, law abiding = yes.

Posted: 4/11/2006 5:24:10 AM EDT

[#17]

Quoted:
Uptight = no, law abiding = yes.

So with me being a previous LEO and now an 02 FFL for the past 5 years I'm not law abiding? I don't think so! The consequences of transferring your guns to your heirs without a purchase permit is nothing....if some wack job DA even tried the case you'd never be convicted....I doubt I'd it would ever even go to court.

As per federal law there's no restriction, they would just be gifted to your heir's as long as they aren't felons.

Like I stated earlier, there's greater things in life to worry about. Immigration, Economy, our kids, our well-being, and keeping ourselves safe....now thats something to worry about!

Posted: 4/11/2006 8:58:32 AM EDT

[#18]

So you only worry about the state laws that aren't petty?

Posted: 4/11/2006 9:10:23 AM EDT

[#19]

Been thinking about this.

When I'm dead, I won't give a dang about this.

Posted: 4/11/2006 9:26:08 AM EDT

[#20]

With an inheritance transaction, who would know and who wouldn't?

I believe Federal law exempts inheritance but I believe state law does not.

If your in public, like at a shooting range, then the transfer and recieving is a different story.

Posted: 4/11/2006 10:32:34 AM EDT

[#21]

Quoted:
So you only worry about the state laws that aren't petty?

Let me let you borrow my Glock shovel so you can dig deeper...I think pettiness is around 6ft below ground level from what they say around here!

Posted: 4/11/2006 1:50:04 PM EDT

[#22]

Quoted:
Quoted:
So you only worry about the state laws that aren't petty?

Let me let you borrow my Glock shovel so you can dig deeper...I think pettiness is around 6ft below ground level from what they say around here!

Why are you getting so upset by this?

A question was asked and answered. The answer given, was meant to inform our members what the law requires. You used a speeding analogy bolster your side of the argument. Well, everyone that drives should know what the laws are regarding speeding. If they choose to speed that is their choice. If the law requires certain things for members to leave a pistol to someone else. If the members decide to ignore the law, that is their decision. If they get away with it, that's fine. If they don't, then they will have to deal with the ramifications. We all know ignorance of the law is no excuse, so we work to make sure our members know what the laws are.

It seems that you're being the petty one here, just because no one wants to follow your advice.

Posted: 4/11/2006 5:39:57 PM EDT

[#23]

just use your own judgement is what i say. if you leave your weapons to someone and they are worried about the legality then tell them to get them all transferred into there name through an FFL. if it involves pistols then tell them to get a PURCHASE permit or CCW. (of course tell them ahead of time because you won't be able to tell them after you have passed on). if you think it's not a big deal(as in my case) then just leave them to them in your will and providing that they don't have any felonies or domestic abuse on there record then they will be fine without an actual transfer.

just go by what you feel is needed.

the only time i have ever worried about leaving my guns to loved ones or recieveing them from loved ones after they pass would be in the case that an NFA weapon was willed. other than that to me there is no reason to have a transfer done.

to each there own

camaro

Posted: 4/11/2006 5:53:10 PM EDT

[#24]

It seems that you're being the petty one here, just because no one wants to follow your advice.

I wouldn't have expected such a cheap shot from a member of the Site Staff, but I learn more about this site everyday.

As far as my advice and people following it, I could give 2 "craps" about it. I live my life for me, my family, and my friends....last I checked everyone here was entitled to their opinion, so I was expressing mine. If I've offended anyone with my opinions I apologize for exercising my God-given right.

DL3