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Thread: Pistol Purchasing Permit (clearing the air)

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    I have been on the forum for about 6 months or so just getting information and boy did i get some. One of the big topics around here is the PPP that you have to apply for before buying a handgun. I am only 19 ears old and thought this was going to be a task and a half but i found a leupold! If you know a cop you can have him sign off on it then all that you have to do is take it back to the station and they give you your permit. just thoughti would share this bit of indo with you all and i hope it is helpful!



    Dalton

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    If you are purchasing a firearm then you can't legally get a permit until 21, even if you are issued one by the sheriff. If you are receiving the firearm as as gift you must have a permit and in that case you might be able to get a permit and be under 21. You absolutely cannot legally purchase a handgun in NC if you are under 21, even if you have a permit. I suspect that most gun dealers would not sell the weapon to you, regardless of permit.

    I'd like to add that Dreamer's post below is probably more accurate than mine. We don't seem to have any specific restriction for private sales.


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    xdDALTON45 wrote:
    I am only 19 ears old and thought this was going to be a task and a half but i found a leupold!
    Funny... I didn't realize you needed a PPP to purchase a scope...

    I think you meant "loophole"...

    Words are very powerful, but delicate things.
    Handle them with care, and PLEASE don't abuse them...

    But technically, you didn't find a loophole. You found a way to use the system, as it stands, in your favor to do something that is legal anyway.

    Being under 21, you CAN use your PPP to purchase a handgun from an individual, because under NC law, handgun sales between individuals may occur if the purchaser is 18 or over and the seller lives in the same state.

    But you still CAN'T buy a handgun from a dealer, because Federal law prevents a FFL dealer from selling you a handgun if you are under 21, even if you DO have a NC PPP. For businesses, the rules are different, because the Feds can claim jurisdiction under the Interstate Commerce Clause...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    Thast exactly right dreamer. My dad is actually gifting me a pistol, so in the exchange i have to give him my PPP and he has to keep it forever. I plan on OCing with it so is there anything else i have to do? I have a pretty good knowledge of my laws and have always been a supporter of my 2A rights (i grew up in the south as you may expect:celebrate). and yes, Dreamer, i meant LOOPHOLE. lol, im a Criminal Justice major not an English major! haha

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    Here's what you need to know, the law front and back. Especially if you LOOK young. I would expect to get more attention than, say us guys approaching middle age. I would keep copies of some of the laws in your car. Particularly the possession by a minor statute. I keep a copy of State v Kerner as well as the NC Constitution. Just have some answers ready. The way you respond to folks may settle their minds that you know what you are doing. And good luck. OC is a unique experience. And congrats, your one of a small handful of folks to get a PPP under 21.

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    Definately. I do want to work in the criminal justice field so is there any chance of me being wrongly charged of say Going Armed to the Terror of the Public that may ruin my chances of working in law enforcment? I am undoubtedly going to be safe and courteous when carrying my weapon, but is there anything they might be able to stick me with that will affect my future??

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    chiefjason wrote:
    I would keep copies of some of the laws in your car. Particularly the possession by a minor statute. I keep a copy of State v Kerner as well as the NC Constitution.

    I have copies of the state laws in my car with the important parts hi-lighted. I always thought it was a good idea.

    And to the OP, thanks for posting this, I was wondering if this could be done. I'll be going to talk to the sheriff this week. :celebrate

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    no problem seniordep2010 just thought it would be some useful information especially for people like myself who are under 21 and are trying to get a PPP.

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    xdDALTON45 wrote:
    Definately. I do want to work in the criminal justice field so is there any chance of me being wrongly charged of say Going Armed to the Terror of the Public that may ruin my chances of working in law enforcment? I am undoubtedly going to be safe and courteous when carrying my weapon, but is there anything they might be able to stick me with that will affect my future??
    There's always the chance you can be charged. You might beat the charge but not the ride. But there is supporting case law that says carrying an handgun is not GATTTOTP. State v Huntley, thanks Dreamer!. It's not something I worry a great deal about, but people have a habit of bringing it up. Usually a call to a supervisor will straighten most LEO's out on GATTTOTP. Not trying to be overly dramatic or talk you out of anything. Just understand it may be something that comes up with the public or LEO's.

    STATE v. ROBERT S. HUNTLEY.
    [Cite as State v. Huntley, 25 N.C. (3 Ired.) 418, 40 Am. Dec. 416 (1843).]


    1. The offence of riding or going armed with unusual or dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State.

    2. A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.

    3. The declarations of the defendant are admissible in evidence, on the part of the prosecution, as accompanying, explaining, and characterizing the acts charged.

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    chiefjason wrote:
    xdDALTON45 wrote:
    Definately. I do want to work in the criminal justice field so is there any chance of me being wrongly charged of say Going Armed to the Terror of the Public that may ruin my chances of working in law enforcment? I am undoubtedly going to be safe and courteous when carrying my weapon, but is there anything they might be able to stick me with that will affect my future??
    There's always the chance you can be charged. You might beat the charge but not the ride. But there is supporting case law that says carrying an handgun is not GATTTOTP. State v Huntley, thanks Dreamer!. It's not something I worry a great deal about, but people have a habit of bringing it up. Usually a call to a supervisor will straighten most LEO's out on GATTTOTP. Not trying to be overly dramatic or talk you out of anything. Just understand it may be something that comes up with the public or LEO's.

    STATE v. ROBERT S. HUNTLEY.
    [Cite as State v. Huntley, 25 N.C. (3 Ired.) 418, 40 Am. Dec. 416 (1843).]


    1. The offence of riding or going armed with unusual or dangerous weapons, to the terror of the people, is an offence at common law, and is indictable in this State.

    2. A man may carry a gun for any lawful purpose of business or amusement, but he cannot go about with that or any other dangerous weapon, to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.

    3. The declarations of the defendant are admissible in evidence, on the part of the prosecution, as accompanying, explaining, and characterizing the acts charged.
    Something I would love to see, and I think Dreamer has stated he has some of this, is case from all over the state where this common law has been used.

    I have been told about situations where no person was intentionally trying to terrify anyone and their manner of carrying was cause for the charge (two single action 45 LC's, western style holsters and gunbelt with bullets in the bullet loops). This person was in a bank and I wan to say this happened at least with in the last several years, perhaps longer, but in modern times. I was told the charges stuck but got no information on how the court case came out.


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    My dad is actually gifting me a pistol, so in the exchange i have to give him my PPP and he has to keep it forever.
    No, you have to exhibit the permit, the statute says nothing about giving it to a private seller.

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    mekender wrote:
    My dad is actually gifting me a pistol, so in the exchange i have to give him my PPP and he has to keep it forever.
    No, you have to exhibit the permit, the statute says nothing about giving it to a private seller.
    You have to have a PPP for EACH weapon you buy, and give the permit to the seller of the weapon. Then the seller of the weapon has to keep that permit in his posession for forever. Will cite when i get home this computer is :celebrateed up

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    xdDALTON45 wrote:
    mekender wrote:
    My dad is actually gifting me a pistol, so in the exchange i have to give him my PPP and he has to keep it forever.
    No, you have to exhibit the permit, the statute says nothing about giving it to a private seller.
    You have to have a PPP for EACH weapon you buy, and give the permit to the seller of the weapon. Then the seller of the weapon has to keep that permit in his posession for forever. Will cite when i get home this computer is :celebrateed up
    No you do not, there are no storage requirements for anyone that receives a pistol permit as a seller, nor are there any guidelines as to how long they must be kept or when they must be available for inspections. State law only says that:

    http://www.ncga.state.nc.us/EnactedL...ticle_52A.html

    § 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.

    It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403.

    Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
    (b) This section does not apply to an antique firearm or an historic edged weapon.
    (c) The following definitions apply in this section:
    (1) Antique firearm. – Defined in G.S. 14‑409.11.
    (2) Bolt. – A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.
    (3) Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand‑held stock. This device is mechanically held at full or partial draw and released by a trigger or similar mechanism that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.
    (4) Historic edged weapon. – Defined in G.S. 14‑409.12. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1.)
    Dealers ARE required to keep records.

    § 14‑406. Dealer to keep record of sales.

    Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State. (1919, c. 197, s. 5; C.S., s. 5110; 1987, c. 115, s. 1.)
    Most people believe as you do because of this:
    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
    But if you READ the opening line:
    Information contained in this publication should not be relied upon as legal advise in a particular scenario. This information is designed as a reference guide only.
    The pdf is the OPINION of the Attorney General and NOT state law.
    It does say:

    North Carolina's pistol permitting and concealed carry permit laws qualify as an alternative to the requirements of the Brady Law. Therefore, when a person desires to purchase a handgun from a federally-licensed dealer, the person needs to comply solely with North Carolina's pistol permit laws, and present a valid permit to purchase a handgun or valid North Carolina-issued concealed carry permit. (Please note: Even if a NICS inquiry by a federally-licensed dealer was done in this circumstance, it does not do away with the necessity for a pistol purchase permit.) As always, any other transfer between private individuals is also governed by North Carolina's pistol permit laws.

    Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)

    In addition, this State law has been interpreted to require that a pistol permit be obtained by the receiver of a handgun when such person inherits a pistol as a result of the death of another person. The permit should be given to and retained by the seller or donor of the handgun. In such a case, the permit should be given to the executor or receiver of the estate of the deceased person. If the purchaser or receiver uses a North Carolina- issued concealed carry permit for the transfer, the seller should reference such permit on a bill of sale.

    Further, it is unlawful for any person to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, or railroad agent or employee, within the State of North Carolina, any pistol without having in his or her possession, such a pistol purchase permit or North Carolina concealed carry permit.
    The ONLY cases that mentions are those of retail sale or of inheritance. There are no other requirements other than the person receiving the gun HAVE a permit in his possession. State law does say "exhibit" in reference to inheritances, but the AG's opinion differs there.


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    tekshogun wrote:
    Something I would love to see, and I think Dreamer has stated he has some of this, is case from all over the state where this common law has been used.
    I'm looking and looking, and almost EVERY single case I can find in NC where a GttTotP actually stuck in court was when the accused had ALSO done something else stupid or illegal, like committing assault, or being on "restricted" property, or was intoxicated, or some other such violation.

    And even the tiny number of GttTotP charged which stuck but DIDN'T involve serious concurrent violations ALL seem to involve questionable judgement or inappropriate (but lawful) behavior on the part of the accused...

    What I'm NOT finding is any GAttTotP charges that went to trial and got thrown out. I think this is because so many of the GAttTotP charges that are bogus simply get sumarily tossed by the DA and they never even attempt to bring the case, and so these charged simply don't create a paper trail.

    Citations that are dismissed do NOT generate a public-records paper trail, and so it is going to be VERY difficult to build a case against GAttTotP based on the fact that the vast majority of these charges are invalid and get thrown out LONG before going to trial.

    When we can't prove to the Legislature that the caseload created by this law produces an unacceptable waste of resources (staff and fiscal) for the Judiciary, is frequently used to attempt to legitimize "color of law" civil rights violations committed by LEO's, is unconstitutionally vague, and leaves the state open to Federal Rights lawsuits from it's easy-to-affect abuse, because there are scores of cases each year that never make it far enough into the process to create a paper trail (but they still gobble up legal resources and funds in the Judicial system)...

    It's too late to get a bill in this Spring's session of the General Assembly, I believe, but perhaps we need to try and draft a Bill for next session that would:

    1) formally abolish and invalidate the Common Law violation of GAttTotP, and
    2) replace it with a formally-defined statutory prohibition against "Brandishing". The Virginia statute on "brandishing" is pretty well-defined and sensible. It might be a good place to start:
    Virginia Code §18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
    However, the USSG guidelines and definitions has a much more concise and to-the-point definition of "brandishing":
    “‘Brandished’ with reference to a dangerous weapon (including a firearm) means that the weapon was pointed or waved about, or displayed in a threatening manner.” USSG §1B1.1, commentary (n.1(c)).
    Personally, I'd opt for the shorter version, but ANY tightly defined statute for this violation would be better than the vague, common law mumbo-jumbo we currently have...
    It is our cause to dispel the foggy thinking which avoids hard decisions in the delusion that a world of conflict will somehow mysteriously resolve itself into a world of harmony, if we just don't rock the boat or irritate the forces of aggressionand this is hogwash."
    --Barry Goldwater, 1964

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    Your exactly right mekender. It never specifically addresses the seller's duties when receiving the permit. So do i still have to give it to him? Do i just show it to him? I need this cleared up so i can make sure im doing the right thing.

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    Dreamer wrote:
    tekshogun wrote:


    Virginia Code §18.2-282. Pointing, holding, or brandishing firearm, air or gas operated weapon or object similar in appearance; penalty.

    A. It shall be unlawful for any person to point, hold or brandish any firearm or any air or gas operated weapon or any object similar in appearance, whether capable of being fired or not, in such manner as to reasonably induce fear in the mind of another or hold a firearm or any air or gas operated weapon in a public place in such a manner as to reasonably induce fear in the mind of another of being shot or injured. However, this section shall not apply to any person engaged in excusable or justifiable self-defense. Persons violating the provisions of this section shall be guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private or religious elementary, middle or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he shall be guilty of a Class 6 felony.

    B. Any police officer in the performance of his duty, in making an arrest under the provisions of this section, shall not be civilly liable in damages for injuries or death resulting to the person being arrested if he had reason to believe that the person being arrested was pointing, holding, or brandishing such firearm or air or gas operated weapon, or object that was similar in appearance, with intent to induce fear in the mind of another.

    C. For purposes of this section, the word "firearm" means any weapon that will or is designed to or may readily be converted to expel single or multiple projectiles by the action of an explosion of a combustible material. The word "ammunition," as used herein, shall mean a cartridge, pellet, ball, missile or projectile adapted for use in a firearm.
    However, the USSG guidelines and definitions has a much more concise and to-the-point definition of "brandishing":
    “‘Brandished’ with reference to a dangerous weapon (including a firearm) means that the weapon was pointed or waved about, or displayed in a threatening manner.” USSG §1B1.1, commentary (n.1(c)).
    i think that would be a GREAT start to a mew ill in place of the GattToP law that is thrown around so much. It would be hard for LEOs to throw this one around because it points to a specific action that is illegal and is not so broad.This would be great for our cause. We need to get something togethor for sure. I think i would like to OC in some of the site's local events before going off on my own so i will need to get up with you guys about putting one togethor.

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    Some sellers just want to see it, and some want to keep it.

    I believe this is a grey area in the law personally.

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    I agree.. it never really specifies what to do with the PPP once the transfer is done. Well the seller is actually my dad, so i dont think he will be too picky about what he wants me to do with it. lol Well this DEFINATELY wouldnt be the first grey area in our laws!

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    JDriver1.8t wrote:
    Some sellers just want to see it, and some want to keep it.

    I believe this is a grey area in the law personally.
    Like most other NC laws, there is a lot of ambiguity. Most sellers will want to keep it, there is nothing requiring they do so though. It is up to you if you are willing to play ball with the seller.

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    mekender wrote:
    No you do not, there are no storage requirements for anyone that receives a pistol permit as a seller, nor are there any guidelines as to how long they must be kept or when they must be available for inspections. State law only says that:

    http://www.ncga.state.nc.us/EnactedL...ticle_52A.html

    § 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.

    It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403.

    Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
    (b) This section does not apply to an antique firearm or an historic edged weapon.
    (c) The following definitions apply in this section:
    (1) Antique firearm. – Defined in G.S. 14‑409.11.
    (2) Bolt. – A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.
    (3) Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand‑held stock. This device is mechanically held at full or partial draw and released by a trigger or similar mechanism that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.
    (4) Historic edged weapon. – Defined in G.S. 14‑409.12. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1.)
    Dealers ARE required to keep records.

    § 14‑406. Dealer to keep record of sales.

    Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State. (1919, c. 197, s. 5; C.S., s. 5110; 1987, c. 115, s. 1.)
    Most people believe as you do because of this:
    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
    But if you READ the opening line:
    Information contained in this publication should not be relied upon as legal advise in a particular scenario. This information is designed as a reference guide only.
    The pdf is the OPINION of the Attorney General and NOT state law.
    It does say:

    North Carolina's pistol permitting and concealed carry permit laws qualify as an alternative to the requirements of the Brady Law. Therefore, when a person desires to purchase a handgun from a federally-licensed dealer, the person needs to comply solely with North Carolina's pistol permit laws, and present a valid permit to purchase a handgun or valid North Carolina-issued concealed carry permit. (Please note: Even if a NICS inquiry by a federally-licensed dealer was done in this circumstance, it does not do away with the necessity for a pistol purchase permit.) As always, any other transfer between private individuals is also governed by North Carolina's pistol permit laws.

    Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)

    In addition, this State law has been interpreted to require that a pistol permit be obtained by the receiver of a handgun when such person inherits a pistol as a result of the death of another person. The permit should be given to and retained by the seller or donor of the handgun. In such a case, the permit should be given to the executor or receiver of the estate of the deceased person. If the purchaser or receiver uses a North Carolina- issued concealed carry permit for the transfer, the seller should reference such permit on a bill of sale.

    Further, it is unlawful for any person to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, or railroad agent or employee, within the State of North Carolina, any pistol without having in his or her possession, such a pistol purchase permit or North Carolina concealed carry permit.
    The ONLY cases that mentions are those of retail sale or of inheritance. There are no other requirements other than the person receiving the gun HAVE a permit in his possession. State law does say "exhibit" in reference to inheritances, but the AG's opinion differs there.
    However, I will say if you are selling to someone you don't know, it is a good idea to have the permit with gun model, serial number, date of sale, etc in a safe place.

    I agree that you only legally have to see it, but if they come knocking on your door because they found your gun at a crime scene, I would rather have that information then to say "I sold it to some guy 5 years ago, he had a permit"

    Just what I would do to protect myself.........

  21. #21
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    oOoOoO officer.. its ok.... the guys on OC.com said it was cool!!

  22. #22
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    xdDALTON45 wrote:
    oOoOoO officer.. its ok.... the guys on OC.com said it was cool!!
    Want clarification, call the state attorney general.

    But you don't have to be sarcastic about it

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    I notice that the Wake County Sheriff's Office website declares it to be "a misdemeanor to sell or otherwise dispose of a handgun without first obtaining a pistol permit from the recipient of the pistol." Not to say they are correct. Like it or not, the requirement to obtain a transfer permit is to satisfy the both the " Brady bill" and the Gun control act of 1968 and is a form of gun control. Logic would dictate that if you are limited to 5 permits per application then the purpose is to limit the number of handguns that can be obtained.

    Whether or not there is atrue requirement, at this time the State Attorney Generalsays there is which carries alot of weight. To be sure,if I were selling to someone that I didn't know I would take the paper because, some gung-ho department might tryasting operation and wouldlikely hold mein violation. I know I don't have enough money just laying around to getsomething like thatstaightened out.


    I'm still looking for any case law that might have infuenced the AG in his stance.

    Again I suggest that we err on the side of caution.



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    Whether or not there is a true requirement, at this time the State Attorney General says there is which carries alot of weight.
    Please show us where the AG says this? It does not appear in the state statutes or in the .pdf file from his office.

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    USNRCorpsman wrote:
    Not to say they are correct. Like it or not, the requirement to obtain a transfer permit is to satisfy the both the " Brady bill" and the Gun control act of 1968 and is a form of gun control. Logic would dictate that if you are limited to 5 permits per application then the purpose is to limit the number of handguns that can be obtained.
    Unfortunatley, the purchase permit for handguns came out of laws passed under aJim Crow-era south. Here in North Carolina, it was about controlling who could acquire pistolsby giving Sheriffs the ability to choose how to issue permits. This made, as we all know is the case,acquisition of a handgunoutside of having the proper paperwork is an unlawful act.

    Requirements for purchase permits need to be done away with. Even having a law defining concealed carry processes is unconstitutional.

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