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Registering handguns in NC

dubccat51

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I just found a little problem with the whole out of state purchase deal:

§ 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.
 

DreQo

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I don't see a problem there? That just says that if you are physically in North Carolina, you're required to have a purchase permit or CHP to transfer a handgun. Nothing more.
 

dubccat51

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Sorry, I didn't read it very closely, I didn't see the "at anyplacewithin this state from any other place within or without this state" part. So pretty much if you are out of North Carolina, even if you are a resident, the only laws that govern a pistol sale are the laws of the state that you are in. This law only applies if the pistol is shipped to you from somewhere out of North Carolina and you recieve it inside the borders of North Carolina. So technicallywe are allowed to recieve a pistol in any other state as long as the state firearms laws allow it but we can only buy rifles and shotguns in states that are contiguous to North Carolina because of:
§ 14‑409.10. Purchase of rifles and shotguns out of State.

It shall be lawful for citizens of this State to purchase rifles and shotguns and ammunition therefor in states contiguous to this State. (1969, c. 101, s. 1.)

Not even this law sayes it is illegal to buy a rifle or shotgun out of a state that was contiguous to NC and I could not find another reference to one that did. Maybe in some of the laws in Ch. 14 that were repealed it was illegal to buy a firearm out of North Carolina. The legislature has a lot of cleaning up of the laws to do.
 

DreQo

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dubccat51 wrote:
Sorry, I didn't read it very closely, I didn't see the "at anyplacewithin this state from any other place within or without this state" part. So pretty much if you are out of North Carolina, even if you are a resident, the only laws that govern a pistol sale are the laws of the state that you are in. This law only applies if the pistol is shipped to you from somewhere out of North Carolina and you recieve it inside the borders of North Carolina.
Exactly. If you're not within the state boundaries, their laws don't apply.
 

Bum454ss

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Be sure and let us know how defensible that is in court if it ever come around to bite you.
 

DreQo

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Bum454ss wrote:
Be sure and let us know how defensible that is in court if it ever come around to bite you.
It will never go to court. Private transactions that occur outside of this state are none of this state's business. I'm not sure why you're implying otherwise...
 

yonder

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About registration, I believe the city of Durham still has gun registration laws on the books that have not been overridden by the state. If you live in Durham you may want to double check this. It was even mentioned by the instructors in my Wake County CHP class last month.
 

DreQo

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GGOLD7211 wrote:
Durham county is the only county requiring registration.
Cite please. Everyone keeps talking about this Durham registration, but I have yet to see proof.
 

GGOLD7211

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[align=center]North Carolina Rifle & Pistol Association [/align]
[align=center] Established 1938. Affiliated with NRA and CMP[/align]
[align=left][/align]



[font="Trebuchet MS, Arial, Helvetica"]


[align=center]
[/align]
[align=center] [/align][/font]

[font="Trebuchet MS, Arial, Helvetica"]
[font="Verdana, Arial, Helvetica"]Frequently Asked Questions About Gun Ownership in North Carolina[/font]
Note: This information is provided as a courtesy to the general public. It represents data available to us, and is to the best of our knowledge correct. This is NOT legal advice, and we expressly disclaim any liability for the accuracy of this information. Use at your own risk. NCRPA recommends that you consult a qualified NC attorney if you have questions or concerns.

For Questions about Concealed Carry in North Carolina, see our Concealed Carry FAQ page.

Q: I have just moved to NC from another State. Do I have to register my guns with the Sheriff or the NC State Government?

A: There is no NC state law that requires you to register your firearms, or notify any public official. One county in NC requires its residents to register handguns - Durham County. This power was granted to Durham County by the State Legislature. No other counties or localities are permitted to require registration.

With the sole exception of Durham County, if you are a law-abiding citizen who lives in North Carolina you are entitled to possess the firearms you currently own without any hassle or red tape. Some county sheriffs, inundated with inquiries from people who move to NC from more restrictive areas where registration or ownership permits are required by law, have instituted voluntary notification procedures. In other words, if you have a burning desire to tell a public official about your private possessions, in some counties they will take your information and store it in a computer database. NCRPA recommends that you refrain from doing this - it's none of their business
[/font]
 

DreQo

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Ok GGold7211, I can see where you're coming from. My concern is that not even that website cites the actual law, which leaves me wondering if it even exists. Has anyone actually been able to find legal proof, a.k.a. a current statute or ordinance in the books?
 

Weak 9mm

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Out of curiosity, is it possible to legally transfer a firearm (From NC) to an individual who does not have and has never been issued a pistol permit (Also in NC)?

This is in relation to the thread about Orange County pistol permits. My friend has asked again and it is certain that nobody has read anything wrong. The sheriff is actually requiring any new pistol permit purchaser to write the name of an LEO they know on the form. If they do not know an LEO, they are not eligible to receive a pistol purchase permit. It is ridiculous but apparently NC law allows for the sheriff to issue permits "at his discretion."

Therefore I am wondering if he can legally purchase a used handgun without a purchase permit.
 

xdfan

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He could borrow a pistol to practice, and get a *shall-issue* CHP - which also will let him buy a pistol. May seem backwards but shall-issue is the key.

In Orange cty. my wife and I went straight for the CHP and had got 'em quickly and easily (after the required class, of course). At the time, to get a handgun *purchase* permit, the sheriff was asking for at least three character reference letters.
 

Weak 9mm

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That recently changed to an LEO reference and he has gone through all of the motions to get a CC permit. He was denied the permit due to a misdemeanor charge of tresspassing that occured when he was 16, about 10 or more years ago. At this point in time from my understanding it shouldn't even be on his record anymore, but the sheriff found the charge and denied him the permit based on that. Then he went to get the purchase permit but it seriously says DO NOT bother to apply if you don't know an LEO, I read it.

But I'm still wondering if it is illegal to purchase a pistol privately without a purchase permit in NC.
 

DreQo

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Weak 9mm wrote:
But I'm still wondering if it is illegal to purchase a pistol privately without a purchase permit in NC.

Yes, it is illegal. If you live in NC, and want to acquire a pistol without a pistol purchase permit, you must travel outside of NC to a state where privatetransfers w/o a purchase permit are legal (VA, for instance). Note that I said acquire, not just purchase. It is illegal to come into possession of a handgun in NC without a purchase permit, whether by purchase, loan, gift, inheritance, or any wayelse you can think of.

Does that answer your question?
 

Weak 9mm

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Indeed, he was asking me so now this will answer the question for certain. Basically he would have to illegally acquire one if he wanted to "own" a pistol. Thanks.
 

DreQo

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Weak 9mm wrote:
Indeed, he was asking me so now this will answer the question for certain. Basically he would have to illegally acquire one if he wanted to "own" a pistol. Thanks.

Illegally acquire one, OR just go across the border to Virginia and get one, which is perfectly legal. You wouldn't be required to show any proof of purchase or anything like that. If he was ever questioned (which he shouldn't be) he'd simply have to say that he got it in Virginia, end of discussion.

Make sense?
 

Weak 9mm

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Yes, that is probably the best option for him then. I didn't realize that it would in fact be legal to acquire it via private transfer in VA and then come back down here with it.
 

DreQo

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Weak 9mm wrote:
Yes, that is probably the best option for him then. I didn't realize that it would in fact be legal to acquire it via private transfer in VA and then come back down here with it.

Mm hmm, perfectly legal. You can travel into the state and be in possession of a handgun, no problem. You just can't come into possession of one while in the state unless you have a permit.

Just remember, there is no proof required to show that the gun was acquired out of state...
 
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