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Question about purchasing a pistol?
- Thread starter Jones_Jon
- Start date
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Jones_Jon wrote:
Yeah, I know, I'm trying to figure that out as well. Have you tried contacting your county's sheriff's department and ask? Normally I wouldn't suggest asking LEO's about gun laws, but since they issue the purchase permits, they may know something.
All I know for sure is that in NC,the only law that restricts firearm ownership by age refers only to those under 18. I was also wondering if one needs to be a resident of VA in order to purchase a firearm in VA, or if, as a NC resident, you must follow NC rules even though you're out outside of the state.
Why don't we all do some more searching and share what we come up with?
Jones_Jon wrote:
Yeah, I know, I'm trying to figure that out as well. Have you tried contacting your county's sheriff's department and ask? Normally I wouldn't suggest asking LEO's about gun laws, but since they issue the purchase permits, they may know something.
All I know for sure is that in NC,the only law that restricts firearm ownership by age refers only to those under 18. I was also wondering if one needs to be a resident of VA in order to purchase a firearm in VA, or if, as a NC resident, you must follow NC rules even though you're out outside of the state.
Why don't we all do some more searching and share what we come up with?
timf343
Campaign Veteran
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From the Virginia State Police web site:
What is the legal age to purchase or possess a firearm?
A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun from a licensed firearms dealer, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.
And of course, it cites federal law which does set the nationwide minimum age limits for purchase.
So, take advantage of the gun show "loophole" and purchase a handgun at one of the many gun shows in Virginia from a private party. This is neither a violation of state law (18 to possess) nor federal law (21 to purchase from a LICENSED FIREARMS DEALER).
From the Virginia State Police web site:
What is the legal age to purchase or possess a firearm?
A person must be at least 18 years of age to purchase a rifle or shotgun. To purchase a handgun from a licensed firearms dealer, you must be at least 21 years of age, pursuant to federal law. For statutory regulations concerning underage persons possessing firearms, refer to Virginia Code §18.2-308.7, possession or transportation of certain firearms by persons under the age of eighteen.
And of course, it cites federal law which does set the nationwide minimum age limits for purchase.
So, take advantage of the gun show "loophole" and purchase a handgun at one of the many gun shows in Virginia from a private party. This is neither a violation of state law (18 to possess) nor federal law (21 to purchase from a LICENSED FIREARMS DEALER).
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timf343 wrote:
timf343 wrote:
Well lets say I have purchased a handgun from a FFL dealer here in NC, so it is registered to me. Then I head up to VA on vacation, and run into someone interested in purchasing my firearm through a private sale. Now, they just happen to be a resident of NC. Does this private sale fall under VA law since that's the state we're in, or NC law since that's where we reside?
timf343
Campaign Veteran
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Interesting question. IANAL nor a resident of either state, so it I can't give any kind of good answer to this.
But my knee-jerk is that this would fall under interstate commerce (I am free to conduct business with any citizen anywhere in the country, even if it's my neighbor and we're 1000 miles from home).
On the other hand, fraud comes to mind if you and I both agree to leave the state solely to conduct said transaction to avoid complying with some law by trying to hide it. But for this, you'd need to talk to a lawyer.
People come here to Las Vegas just to get married, because of more lenient laws -- no blood tests, waiting periods, etc. And for the same reason, come here for uncontested divorces (quicker, cheaper, more easily granted). This of course violates no law, despite the fact that those people left their home state to conduct a transaction under different laws than they would be subject to at home.
Tim
Interesting question. IANAL nor a resident of either state, so it I can't give any kind of good answer to this.
But my knee-jerk is that this would fall under interstate commerce (I am free to conduct business with any citizen anywhere in the country, even if it's my neighbor and we're 1000 miles from home).
On the other hand, fraud comes to mind if you and I both agree to leave the state solely to conduct said transaction to avoid complying with some law by trying to hide it. But for this, you'd need to talk to a lawyer.
People come here to Las Vegas just to get married, because of more lenient laws -- no blood tests, waiting periods, etc. And for the same reason, come here for uncontested divorces (quicker, cheaper, more easily granted). This of course violates no law, despite the fact that those people left their home state to conduct a transaction under different laws than they would be subject to at home.
Tim
burninsteeda04
Regular Member
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Jones_Jon wrote:
It would seem that this would be legal (private sales are legal in Ohio according to the OCDO map),like with the earlier example that heading to Las Vegas to get married is legal.
I'm going to give the Sheriff's office a call right now and try to clear some of these things up. I'll post what I find out.
burninsteeda04 wrote:
Jones_Jon wrote:
It would seem that this would be legal (private sales are legal in Ohio according to the OCDO map),like with the earlier example that heading to Las Vegas to get married is legal.
I'm going to give the Sheriff's office a call right now and try to clear some of these things up. I'll post what I find out.
burninsteeda04 wrote:
This answer was useless. It wasn't even an answer. :?
burninsteeda04
Regular Member
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Was not useless it was vague lol. What im saying is I would locate the state statutes of ohio. If private sales are legal do it. And also I would contact the ATF although sometimes they are very slow. I would also ask the ohio chapter on this website they may know better.
Was not useless it was vague lol. What im saying is I would locate the state statutes of ohio. If private sales are legal do it. And also I would contact the ATF although sometimes they are very slow. I would also ask the ohio chapter on this website they may know better.
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Ok, here is the word from the Craven County Sheriff's office. The pistol purchase permit requirement applies only to transactions that occur within the State of North Carolina. If you were to travel to a different State, only the laws of that State would apply, regardless of where you reside. Also, you can not purchase a handgun in North Carolina if you are under 21, period (since you cannot get a purchase permit). They did clarify, however, that you must only be over 18 to possess.
Example 1: Jon is 23 years old, a resident of North Carolina,and legally able to purchase and possess ahandgun under federal law. He travels to Ohio, where private sales between individualsare legal. He can buy a handgun under Ohio law. When he comes back to North Carolina, he is simply under the possession of a handgun, and North Carolina's laws of possession take effect.
Example 2: Sarah is 19 years old, a resident of North Carolina, and can legally possess a handgun under federal law. Sarah cannot purchase a handgun in North Carolina, since she is not 21 or older. So, Sarah travels to Virginia, where private sales between individuals over 18 are legal. She can buy a handgun under Virginia State law. When she comes back to North Carolina, she is simply under the possession of a handgun, which is legal under North Carolina State law.
So there ya go. Keep in mind, I am not a lawyer. This is simply my unprofessionalinterpretation of the law, including what I was told by the Sheriff's office.
Ok, here is the word from the Craven County Sheriff's office. The pistol purchase permit requirement applies only to transactions that occur within the State of North Carolina. If you were to travel to a different State, only the laws of that State would apply, regardless of where you reside. Also, you can not purchase a handgun in North Carolina if you are under 21, period (since you cannot get a purchase permit). They did clarify, however, that you must only be over 18 to possess.
Example 1: Jon is 23 years old, a resident of North Carolina,and legally able to purchase and possess ahandgun under federal law. He travels to Ohio, where private sales between individualsare legal. He can buy a handgun under Ohio law. When he comes back to North Carolina, he is simply under the possession of a handgun, and North Carolina's laws of possession take effect.
Example 2: Sarah is 19 years old, a resident of North Carolina, and can legally possess a handgun under federal law. Sarah cannot purchase a handgun in North Carolina, since she is not 21 or older. So, Sarah travels to Virginia, where private sales between individuals over 18 are legal. She can buy a handgun under Virginia State law. When she comes back to North Carolina, she is simply under the possession of a handgun, which is legal under North Carolina State law.
So there ya go. Keep in mind, I am not a lawyer. This is simply my unprofessionalinterpretation of the law, including what I was told by the Sheriff's office.