Registering handguns in NC

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Im not sure but its an idea your friend could say he bought it in a private sale but he may have to produce a bill of sale if ever it was used in a questionable form. But then idk from there. I am not liable for any of the crap i put on here.

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Why would saying it was a private sale help any? It was a gift. The pistol is not suitable for carry, and barely works well enough for plinking. So I doubt any 'questionable' use would ever come up.

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gacritical wrote:

*snip*
Wow, that is pretty good. The last time I applied for a purchase permit, it took five days before I got it. Is this something new, the way it works in your county, or because of the gun show?

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It MAY have been the fact that it was at the gun show, but while I was at the Sheriff's Office doing my CHP paperwork, I seem to remember a guy that came in, did the paperwork for a purchase permit, and was gone with it before I left. Maybe it's just the county? I'm in Craven..

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Justto let you know our sheriff and his officeare misinformed. They told a friend of mine that in order to opencarry he needed to register his M&P .40, and gave him a nice little this handgun belongs to card (laminated). Because of this I have spent many hours reading these forums and searching for any sign of Hertford Countys law being different but have found none as of yet.

Good luck on your future purchase otherwise though.

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Gee. The further along this thread goes the more confused I get.

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The reason why saying it would be a private sale is because 1 If it was gifted in NC that is a class 1 Misdomenor because a Pistol purchase permit or CHP needs to be used in all transactions of handguns. so i would get my pistol purchase permit and make it a legal transaction.
mbs357 wrote:

Why would saying it was a private sale help any? It was a gift. The pistol is not suitable for carry, and barely works well enough for plinking. So I doubt any 'questionable' use would ever come up.

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mbs357 wrote:

Gee. The further along this thread goes the more confused I get.

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This is the answer to your question:

If you want to recieve the pistol from your friend all you must have is a pistol purchase permit. If you are scared of the handgun being illegal/stolen, I would go through an FFL to pretty much register the firearm federally and check on it's legality. For an FFL transfer the fee is usually around thirty dollars and can be performed at any gunstore or person that has an FFL.

On the legality of your sheriff registering firearms:

There is no power granted to your sheriff that allows him to register handguns. The only way that he could have any is ifHertford Countywas specifically granted the power byaNorth Carolina General Statuteto create a Handgun Registration Database, whichit was not. Then Hertford County would have to pass an ordinance that allowed the sheriff to actually register the handguns. That would be in your county ordinances which I cannot find on the internet, but I'm sure it's not in there because the county was not granted the power by the state legislature. If your county does have a required Handgun Registration Database it is an unconsitutional/unauthorized law and can be struck down in court. The sheriff cannot just make up laws, he has to enforce the ones that are on the books even if he would like to make up his own. That's why he is part of the executive branch of the government and not the legislative branch.

Anybody have anything else to add?

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So basically, he needs to get a pistol purchase permit, pay the original owner some unimportant sum of money, get a bill of sale, and that's it?

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yep you got it and the guy he buys it from must take and possess the pistol purchase permit after the transaction has taken place. He must hold on to this permit for ever. Its pretty much a bs law.

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mbs357 wrote:

So basically, he needs to get a pistol purchase permit, pay the original owner some unimportant sum of money, get a bill of sale, and that's it?

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Officially, yes. He could also simply travel to a state (like VA) where a private sale/transfer is legal, then re-enter NC in possession of his new (to him) handgun. There is no legal requirement to maintain a "bill of sale", or anything similar. If anyone ever questioned how you came into possession of the handgun, you would simply need to state that you acquired it in a legal, private transaction outside of NC.

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Haha that is what i suggested and u told me not to suggest breaking the law or going around it to do something possibly illegal haha. But i totally agree with you dreqo. go to another state if it suits you better. Cause its what i would do. coulda bought it at a gun show. But i doubt you will ever be questioned

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burninsteeda04 wrote:

Haha that is what i suggested and u told me not to suggest breaking the law or going around it to do something possibly illegal haha. But i totally agree with you dreqo. go to another state if it suits you better. Cause its what i would do. coulda bought it at a gun show. But i doubt you will ever be questioned

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Re-read my post, I said nothing about breaking the law.

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WELL. Wish I had thought of this earlier, but he actually moved to Virginia a few years ago. :|

But what you're basically saying is if I drove up there to see him and he gave it to me, and I came back with it, that'd be 100% legal?

Oh but wait, it was given to him in NC before he moved. So we'd still either have to do the permit and bill of sale or they'd have to go up to VA together and exchange it?

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mbs357 wrote:

WELL. Wish I had thought of this earlier, but he actually moved to Virginia a few years ago. :|

But what you're basically saying is if I drove up there to see him and he gave it to me, and I came back with it, that'd be 100% legal?

Oh but wait, it was given to him in NC before he moved. So we'd still either have to do the permit and bill of sale or they'd have to go up to VA together and exchange it?

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Officially, yes. When all is said and done, no proof of transfer or sale is required. You stating that the handgun was legally transfered from one person to another, outside of NC, is all that is required.

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DreQo wrote:

Officially, yes. When all is said and done, no proof of transfer or sale is required. You stating that the handgun was legally transfered from one person to another, outside of NC, is all that is required.

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We've been beating around the bush all this time mbs357, but that is all it comes down to. I'm glad I don't live in a state with a legal registry of private firearms. With the exception of Pistol Purchase Permits or a CHP and a lot of restrictions on places that you can carry, NC Laws are about as good as you're gonna get (not according to "The Brady Center to Prevent Handgun Violence" (we're only 13th out of 50 states, but I wouldn't mind being 50th)).I'm glad NC is not Illinois with FOID Cards and no Concealed Carry, that would almost seen unconstitutional, as unconstitutional as our laws already are.

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The only record that must be maintained is the purchase/ aquisition permit. The individual from whichthe handgunwas transfered (sold or given)must keep it in his/her files.

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USNRCorpsman wrote:

The only record that must be maintained is the purchase/ aquisition permit. The individual from whichthe handgunwas transfered (sold or given)must keep it in his/her files.

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No records must be maintainedof purchase/aquisitionpermit either, as long as you "had a legal transfer from one person to another outside of North Carolina" in a private sale.

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Quoting from North Carolina Firearms Laws published by the State Attorney General's Office,

" The permit should be given to and retained by the seller or the donor of the handgun."

This is from the section regarding transfers and explaining that state law has been interpreted to require a purchase permit for inheriting a handgun. It goes on to say that in the case of inheritance,

"...the permit should be given to the executor or receiver of the estate..."

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USNRCorpsman wrote:

Quoting from North Carolina Firearms Laws published by the State Attorney General's Office,

" The permit should be given to and retained by the seller or the donor of the handgun."

This is from the section regarding transfers and explaining that state law has been interpreted to require a purchase permit for inheriting a handgun. It goes on to say that in the case of inheritance,

"...the permit should be given to the executor or receiver of the estate..."

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We're not arguing with you, sparky. What you just posted is in reference to transfers IN NORTH CAROLINA. If you travel outside of NC, like to VA, a private sale/transfer does not require any sort of permit or proof of sale.

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Well I think we've finally figured it out. Thanks guys, I learned a lot.