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Pistol Purchasing Permit (clearing the air)

USNRCorpsman

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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.
 

mekender

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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.
 

tekshogun

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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.
 

USNRCorpsman

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mekender wrote:
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.





[align=left]In addition, this State law has been interpreted to require that a pistol permit be
[/align]



[align=left]obtained by the receiver of a handgun when such person inherits a pistol as a result of the[/align]




[align=left]death of another person. The permit should be given to and retained by the seller or donor[/align]




[align=left]of the handgun. In such a case, the permit should be given to the executor or receiver of[/align]




[align=left]the estate of the deceased person. If the purchaser or receiver uses a North Carolina- issued[/align]




[align=left]concealed carry permit for the transfer, the seller should reference such permit on a bill of[/align]

sale.

Page 4 of North Carolina Firearms Laws (revision dated December 2007)







Sorry about the strange format that is what I got when I copied and pasted.

Also germane to the topic of the thread is a note positioned at the top of the same page.












[align=left]NOTE: North Carolina law allows for the purchase of a single handgun with a single[/align]




[align=left]valid purchase permit. Multiple long guns may be purchased with a single pistol purchase[/align]

permit, however, they must be purchased in a single transaction.





This also suggeststhat the permit would need to be retained at the time of transfer.
 

mekender

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The section you just quoted applies to estates, auctions and inheritance, not to private sales... I quoted it earlier.
 

USNRCorpsman

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mekender wrote:
The section you just quoted applies to estates, auctions and inheritance, not to private sales... I quoted it earlier.
That is correct and the point if the post (I as well as othershave also quoted it a few times in earlier posts and thus forgot to include the citation earlier in the thread for which I apologise.)
A bequest is a special type ofgift in which an executor actsby proxy to give away the property of the deceased as directed in his or her ownwill. The receiver (of a handgun) is directed to surrender the permit to the executor in the stead of theowner for obvious reasons and the executor is required to retain the copy.


If the agent executing the bequest on behalf of the deceasedis required to receive and retain the permit, then the same, by logic,would be required ofa living person makingthe same gift.

To bolster the argument that a transferor is to retain the copy, I also quoted the note from a previous section of the document not related to inheritance per sethat states that North Carolina law allowsthe transfer of onlyone handgun (or crossbow) with eachpermit.

Now, let us reason among ourselves. I decide to give my friend a pistol for his or her birthday ( obviouslythey would haveto be a verygood friend!).They get theirpermit from SheriffBarnes and bring it to the party and I present them with the handgun. If I do not retain the permit, then there is nothingkeeping them from running by Gander Mountain on their way home and buying a Desert Eagle ( a much nicer gun than my gift would be,by the way) with the self same permit.

While law is a very exact thing, it is above all a very logical thing (that is why one of the prime pre-law majors at university is Philosophy), and there is no logic to not retaining the permit upon transfer.
 

xdDALTON45

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So the conclusion is is that there are no real specifications on the transaction process, and that each PPP can only purchase one firearm. You can skip the whole sheriff step and acquire a PPP if you know a cop that will sign the application.



Correct?



Any additions?? It is good to get this out there so everybody is aware.
 

tekshogun

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xdDALTON45 wrote:
So the conclusion is is that there are no real specifications on the transaction process, and that each PPP can only purchase one firearm. You can skip the whole sheriff step and acquire a PPP if you know a cop that will sign the application.

 

Correct?

 

Any additions??  It is good to get this out there so everybody is aware.

I don't know if I am misreading your post as a facetious statement, but only a Sheriff's office can take and approve applications and then issue PPP (with appropriate seal and signatures).
 

tekshogun

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xdDALTON45 wrote:
No, im not being facetious, alls i am saying is that you can get a cop you know to sign the permit and take it to the sheriff's office and get your permit that same day.

Oh Really?

o_rly.jpg


WOULD YOU LIKE TO KNOW MORE?

Yes, yes I would.
 

Dreamer

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The whole PPP issue is just another GREAT reason to get your CHP. If you hav a NC CHP, you don't need to get a PPP to purchase or transfer firearms. A valid NC CHP exempts you from this requirement altogether...

Plus it makes vehicle carry a LOT easier, and makes it easier to carry when the weather gets chilly and you have to wear a coat...
 

xdDALTON45

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Dreamer wrote:
The whole PPP issue is just another GREAT reason to get your CHP. If you hav a NC CHP, you don't need to get a PPP to purchase or transfer firearms. A valid NC CHP exempts you from this requirement altogether...

Plus it makes vehicle carry a LOT easier, and makes it easier to carry when the weather gets chilly and you have to wear a coat...

That is exactly right... This was just to inform all my other fellow OCers that are under 21 that they might want to take this path..



BTW the sheriff of Cumberland County was at my workplace the other day and we got on the subject of OCing. To make a long story short he was a great guy and aGREATGREATsupporter of our 2A rights and he said he will be making a call to Terry Johnson (Alamance County Sheriff) about the complications i had with him over the phone. :celebrate
 

Adam H

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Going back to the original topic, I just want to say that while that may have been the case for Alamance County, the other 99 counties in this state may be different.

Since, I'm a resident of Cabarrus County, and until today was under 21, I'll tell y'all my story. I met Brad Riley, at a friends of NRA dinner last year. I was looking at buying a pistol in a private transfer and I wanted to get a permit to be legal. I asked him at the dinner and he said he thought you had to be 21 period. He told me he would check and to email him. I emailed him and he first said the you had to be 21. I replied back and politely asked him to provide me with the Statute that supported that. He replied back and said that he was mistaken and that I could get a permit at 18 but that I couldn't buy from a dealer until I was 21. I went down to the Sheriff's Office and applied. I had to give three references, one that lived with me, and since I was under 21, one that was over 21. They also notified my dad( my reference) that it was ready instead of me. Two weeks later, I had 4 permits.

For a Democrat, he ain't so bad when it comes to guns.
 

USNRCorpsman

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Adam H wrote:
Going back to the original topic, I just want to say that while that may have been the case for Alamance County, the other 99 counties in this state may be different.

Since, I'm a resident of Cabarrus County, and until today was under 21, I'll tell y'all my story. I met Brad Riley, at a friends of NRA dinner last year. I was looking at buying a pistol in a private transfer and I wanted to get a permit to be legal. I asked him at the dinner and he said he thought you had to be 21 period. He told me he would check and to email him. I emailed him and he first said the you had to be 21. I replied back and politely asked him to provide me with the Statute that supported that. He replied back and said that he was mistaken and that I could get a permit at 18 but that I couldn't buy from a dealer until I was 21. I went down to the Sheriff's Office and applied. I had to give three references, one that lived with me, and since I was under 21, one that was over 21. They also notified my dad( my reference) that it was ready instead of me. Two weeks later, I had 4 permits.

For a Democrat, he ain't so bad when it comes to guns.
You have to give him credit for listening to you and being willing to actually doing some research.Happy birthday BTW.
 
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