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Thread: Had a few questions I need help on about NC OC laws

  1. #1
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    I just moved from IL to NC. And I just had some questions about NC OC laws and gun laws in general. I am not yet a resident, haven't changed over my liscense or anything. First, I was told from various sources that I did not need to switch my liscense for OC as long as I abided by NC laws, is this true? Also, I am purchasing a handgun from my friend who lives in MD, he does not need the gun and wants to sell it to me. Now I heard that NC does not allow person to person sales of handguns. Is there any away around this or would it be alright since I am still considered an IL resident? How would we go about this legally? I am buying it soon and I want to make sure everything is legitimate, I am not trying to cause any problems. Also, I hear a lot of law enforcement around here does not like OC or is un-iformed of it, is there somewhere that I can read up on my rights so if I do have an encounter I am well prepared to make my case and state my rights? Thanks and I am new to the forums, so nice to meet everyone!

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    Welcome to the State and the forum. As far as are you legal to OC on your IL license, the answer is yes. You are completely legal to OC as N.C. does not require any type of permit to carry openly. Most of the stories that you hear about law enforcement is to show how uninformed some officers are when it comes to the rights of N.C. citizens and their rights to carry firearms.

    Now, as far as the purchase of the firearm from your friend, I will let others respond to that as I do not follow that aspect of the law as closely.

  3. #3
    Regular Member SPRINGFIELD_45_ACP's Avatar
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    I can't say about the sale or transfer fromMaryland to NC How ever if the sale is in the the Great State of NC...You collect the handgun permit or make a photo copy of CHP permit..If i am wrong please guide the blind in the right direction

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    You will need to have your friend ship the firearm to a local FFL dealer.
    Then you pay the fees (usually $40) and you can pick it up. You will need a purchase permit from your local sheriffs office, which can be had for $5.

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    Federal law prohibits the private sale of a handgun across state lines without going through an ffl...this is federal law and applies to all states. So, you can buy the gun from your friend in Maryland, but he has to ship it to an ffl in your state of residence and then that ffl actually transfers the firearm to you. If NC were/is your state of residence, then before the ffl can transfer the handgun to you, you must present either a pistol purchase permit issued by your local Sheriff or a NC CCW permit. Yes, it would be illegal for you to drive to Maryland and do a ftf purchase.

  6. #6
    State Researcher lockman's Avatar
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    Can you go to MD conditionally agree to buy it, take it on loan back to NC, change residency, get a purchase certificate, take it to a local FFL and have it transferred to you, then pay for it?

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    New to the group and I am still learning about NC laws. I have a KS CCP and when I visited by the Lenoir County Sheriff's office a couple months ago on a visit there I asking about getting a handgun purchase permit and they said I had to have 6 months residency in NC before they would issue me a permit to purchase. I am still a resident of KS at this point but in a month or so that will probably change. I lose my right to CC and my right to buy a gun for 6 months from the date I establish residency (have a NC Drivers license) is what they told me.

  8. #8
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    I have done quite a bit of research lately, including sit downs with 3 Sheriff's (and those sit downs included a Beretta strapped to my thigh). While Open Carry is frowned upon, it is perfectly legal. A number of cops will "harass" you as to your need to carry, but anything more than that could lead to an unlawful arrest.

    The only concern by all three Sheriff's was my use of a drop-leg holster. My question is the legality of using a drop-leg holster in place of a standard paddle or belt holster. Any ideas?

  9. #9
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    There is no legal issues around a drop-leg holster. No where does it say anything about what type of holster you must have. The issue comes to your ability to maintain possession of the firearm in case of a struggle or "snatch" attempt.

    Now, as far as Clydes question, have not looked completely into it, but I believe you are correct. However it gives you 6 months to get brushed up on the concealed carry firearm laws here and all firearm laws in general. Also, in the 6 months you are waiting, you can always OC. It will be getting warm here soon, and most of us OC anyway, and some of us has not bothered to get a CC permit yet.

    There has been time when the Sheriff's dept waived the 6 month period due to an emergency need, but those are rare.

  10. #10
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    Hi DC

    As previously stated by NavyLT, you must have residency and a permit to be able to purchase a handgun legally.

    Here is what you need to do:

    1] Get a North Carolina driver's license so that you are a registered resident here.

    2] Go to the Sheriff's Office in the county that your address is in, and apply for a pistol purchase permit. If approved, you will be required to have your North Carolina driver's license to pick your pistol purchase permit up. Also, you must be a resident of North Carolina for at least 30 days before you can be approved.

    3] Have your friend co-ordinate the sale with a licensed FFL dealer, where you can pick up. This is when you will need to have a pistol purchase permit.

    Also, is he offering you some incredible deal on this handgun? Or if this is a longtime buddy and you just want to help him out by buying it, then I understand. But if not, you might want to check your options at local gun shops around your area, and shop prices. Remember that using an FFL dealer for a person-to-person transfer will cost you $30-$40.

    Have a nice day!




  11. #11
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    The Bill Proposal has been posted.

    Go to: http://opencarry.mywowbb.com/forum41/21971.htmlfor the discussion.

    Go to: http://www.ncopc.org/site/2009/campaigns.htmlfor the Bill Proposal.

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