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Thread: 18 year old open carry

  1. #1
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    18 year old open carry

    I am 19 years old and I have been OCing since I was 18, I know its legal. My question is that since I'm under 21 I got my father to buy it for me and he "gave" it to me as a gift. The gun is still under his name therefore I have no permits for this gun. If I get stopped by a police officer with his gun will I be in trouble, will they ask for papers, is it legal to carry my father's gun, do I have to tell them its his. In other words what is the legal thing to do

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    Moderator / Administrator Grapeshot's Avatar
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    To be completely legal as I understand it, you should get a transfer permit from your local Sheriff - that will remove all doubt.

    Synopsis of NC Laws:
    http://www.nraila.org/gun-laws/state...-carolina.aspx

    New changes to the gun laws for 2013:
    http://www.wral.com/lawmakers-approv...sure/12695733/

    Presuming that you do not live in Durham, there is no gun registry in North Carolina. Durham's registry is generally not enforced anyhow, but is technically on the books until/unless the House removes it next session.
    http://www.ncgunblog.com/2013/05/15/...ses-nc-senate/
    Last edited by Grapeshot; 12-04-2013 at 09:32 PM. Reason: Deleted outdated cite
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    Regular Member solus's Avatar
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    welcome to the forum

    first I am not an attorney...

    second to make some clarification and updates to what you were provided by grapeshot:

    the correct and updated cite to the 2013 NC Attorney General's Firearms Laws is located here: http://www.ncleg.net/gascripts/statutes/statutes.asp

    the better and easier to use cite to read about the NC statutes is located here: http://www.ncleg.net/gascripts/statutes/statutes.asp with a search feature in the upper left.

    to provide a quick overview for your edification...
    1. you should apply for a purchase pistol permit aka PPP from your local sheriff IAW 14-402 & 14-404. if you receive flake try citing circumstances under 14-404(a)(3).
    2. give it to your father and get a bill of sale or note saying the firearm was a gift carry either the BoS or the note with you in your wallet to present to LE if questioned.
    3. remember, and as I am sure you are aware, by federal law you may not purchase ammo or another firearm until you're 21.

    finally, this subject has been thoroughly discussed in the NC section of the forum for you to search and read up on. and please, if stopped by the authorities, be respectful and you should be fine.

    IPSE
    Last edited by solus; 12-04-2013 at 10:01 PM.
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    Quote Originally Posted by Gageking View Post
    I am 19 years old and I have been OCing since I was 18, I know its legal. My question is that since I'm under 21 I got my father to buy it for me and he "gave" it to me as a gift. The gun is still under his name therefore I have no permits for this gun. If I get stopped by a police officer with his gun will I be in trouble, will they ask for papers, is it legal to carry my father's gun, do I have to tell them its his. In other words what is the legal thing to do
    It's a common misconception that you have to have a permit or paper of some kind in order to carry a gun. North Carolina does not have any form of registration or ownership permit, nor is there any paperwork required to possess a firearm. The two types of permits are a purchase permit (good for the purchase of one pistol) or a concealed carry permit. The gun isn't really "under" anyone's name, and the only record associated with that gun is at the dealer where it was originally purchased involving the sale. North Carolina also does not put any kind of burden on private sellers to maintain any sort of paperwork regarding firearms that have been sold. While the State does require either a purchase permit or a copy of a CCW to be given during a transfer, after the sale is complete, there is no law regarding maintaining any kind of paperwork.

    I say all that to say this: you're under no burden to prove where the pistol came from, and if you're 18, possession of a handgun is 100% legal. Open carry is also 100% legal at 18, the only stipulation is that you must follow the same rules as concealed carry as far as where you can and can't carry. The only real downside is you're prohibited from purchasing any ammunition from a federally licensed dealer.

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    Quote Originally Posted by Grapeshot View Post
    Presuming that you do not live in Durham, there is no gun registry in North Carolina. Durham's registry is generally not enforced anyhow, but is technically on the books until/unless the House removes it next session.
    http://www.ncgunblog.com/2013/05/15/...ses-nc-senate/
    Just a clarification: That's Durham county.

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    Regular Member solus's Avatar
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    Quote Originally Posted by MilesVeritatis View Post
    It's a common misconception that you have to have a permit or paper of some kind in order to carry a gun. North Carolina does not have any form of registration or ownership permit, nor is there any paperwork required to possess a firearm. The two types of permits are a purchase permit (good for the purchase of one pistol) or a concealed carry permit. The gun isn't really "under" anyone's name, and the only record associated with that gun is at the dealer where it was originally purchased involving the sale. North Carolina also does not put any kind of burden on private sellers to maintain any sort of paperwork regarding firearms that have been sold. While the State does require either a purchase permit or a copy of a CCW to be given during a transfer, after the sale is complete, there is no law regarding maintaining any kind of paperwork.

    I say all that to say this: you're under no burden to prove where the pistol came from, and if you're 18, possession of a handgun is 100% legal. Open carry is also 100% legal at 18, the only stipulation is that you must follow the same rules as concealed carry as far as where you can and can't carry. The only real downside is you're prohibited from purchasing any ammunition from a federally licensed dealer.
    emphasis is mine and IANL.

    so young LE, you are stating your perception from a context of the statutes there are no mandates for a PRIVATE seller to maintain the buyer's PPP or copy of the CHP as there is not mandate for the buyer to ask for a bill of sale from the seller. REAL WORLD: Who in their right mind would not request a PPP or copy of the CHP from the buyer. Conversely, what idiot wouldn't request a BoS from someone selling a firearm? Darn lad, i even make my relatives get and keep PPPs and provide bill of sales when we transfer firearms so everyone is protected.

    this novel concept is called CYA in the real world as if you, the buyer, are discovered with a stolen firearm you will undergo the scrutiny of the local law enforcement agency as well as possibly the BATF. I sure as hell would want to be able to clear myself quickly to end the scrutiny and the seller's BoS does that quite nicely. On the converse side, i as the seller of an originally purchased firearm from an FFL would want to be able to show i followed NC statutes in requiring appropriate document from the buyer in the event i come under LE scrutiny due to the buyer misusing the firearm i sold.

    OH...if the firearm is actually stolen, you have lost your firearm and yes w/o a BoS you can not go to small claims and file claim against the seller to recoup you cost!

    now, why do LE's take firearms from citizens who are not young but say over their age of majority, you know middle aged etc., at say traffic stops and such, 'besides of course for officer safety' and then manage to run the firearm's serial number to see if it is stolen? you are right (NOT) citizens do not have to provide any sort of documentation to prove to LE i am the legal owner of my firearms during stops.

    my advice, based on the above logic, to the OP about carrying the PPP or BoS from their caregiver was to provide a readily available and easily recognizable (by LE standards) documentation to thwart (not preclude mind you) hassling while OC's < 21 from needless harassment (sarcasm) by LE folk they are carrying a legally acquired firearm.

    Finally, your advice about ammo is lacking. individuals under 21 are not permitted to purchase handgun ammo from any FFL, WalMart, Gander Mtn, Joe's gun shop, or, or, or. Rifle ammo is permitted to be sold to those over 18 yet under 21.

    ipse
    Last edited by solus; 12-09-2013 at 12:11 PM.
    I'm only human; I do what I can; I'm just a man; I do what I can; Don't put the blame on me; Don't put your blame on me ~ Rag'n'Bone Man.

    Please do not get confused between my personality & my attitude. My personality is who I am ~ my attitude depends on who you are and how you act.

    Remember always, do not judge someone because they sin differently than you do!

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    Activist Member golddigger14s's Avatar
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    Seems like another drive-by. A question posed by someone under 21, never to be heard from again.
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    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by golddigger14s View Post
    Seems like another drive-by. A question posed by someone under 21, never to be heard from again.
    Yep, the OP's last visit was the date & time of his first post.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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    Quote Originally Posted by golddigger14s View Post
    Seems like another drive-by. A question posed by someone under 21, never to be heard from again.
    It's unfortunate, because the "Under 21" group is an asset to open carry as not only do they provide fresh faces, they also can educate a whole new generation on the pros and cons.

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