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Thread: Inheritance question

  1. #1
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    Hi folks on the forum! I am a new member here, but have read the forum before. I figured it was time to join this fine forum since there are so many knowledgeable people.

    I have a question and there are a couple of variables in the background that might make this difficult to answer, but I'll carry on and ask it.

    I inherited a rifle and handgun from my father while a resident in Florida. There is no paperwork on these items. I also bought a shotgun while there in a private transaction. At the time, I understood the law in Florida was that shotguns didn't need to be 'registered' like handguns do.

    However, now I'm a resident of North Carolina and not trying to intentionally break any NC gun laws so I want to know if I am required to register any of these or not? On one hand I'd rather not, because I don't like the idea of the government keeping track of the guns of law abiding citizens ( maybe because they can't get to the guns the gangs in East LA have LOL ). At the same time, I need to be able to move these items in my car occasionally and I want to know from some of you what will typically occur if I'm stopped and my guns found in my car. ( I usually carry them in the trunk, in their cases ), if I'm driving from Point x to Point y.

    Do they take your guns or does your having inherited them make any difference?
    Also, since I inherited guns that have no papers, can they even be registered at all in that case?

    The two guns I have inherited are very important to me because my father gave them to me, and they have high sentimental value because of that. And as for my shotgun, I've been told that no one needs any kind of special permit to carry a shotgun anywhere. You see them racked inside truck cabs on the back window periodically around here ( I'm in Harnett cty ).

    Any opinions, even better 'facts', you guys may have to offer would be greatly
    appcreiated and I look forward to interacting with you on the forum.



  2. #2
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    If you were in possession legally of these firearms when you became a NC resident, there is nothing more you need to do.

    You do need to be careful about transporting "sporting arms" in your vehicle. If I remember correctly, you can't transport hunting-type long guns loaded.

    NC does not require registration of firearms (with the exception of Class III firearms like machine guns or short-barrel shotguns).

    You CAN register your firearms with you rlocal Sheriff, but many Sheriffs discourage this because they don't really have any sort of state-wide system for this info, and it's sort of an administrative pain in the butt for them to deal with...

    As far as the transfer that occurred in FL, I don't know FL law well enough to comment on that. If these firearms are sol old that there is no paperwork left from when your relatives originally purchased them, then you might want to contact a lawyer in FL (did your father have an executor, or some sort of legal council to administer his estate?)...

    Good luck, and welcome to NC! OC and CC is MUCH simpler here than FL in many ways. We don't have those silly "printing" laws they have in FL, for starters.
    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 aggression—and this is hogwash."
    --Barry Goldwater, 1964

  3. #3
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    Dreamer, thank you for taking the time to respond.

    My relative had no estate but I am the only inheritor. Probably because an estate is not required in Fl. I think that's why so many people retire to Fl and Texas because they can pass everything on without a lot of legal stuff about it nor the inheritors getting strapped with certain debt issues. Leastways, that's what I heard last.

    However, most people generally create a will and that happened with only myself named. I have no idea if there ever was paperwork on these. My last recollection is they were purchased privately way back in the 70's, and I'm not sure in what state. I'm still going through stuff, so I MIGHT find something but just wanted to ask in case that papertrail has gone cold due to loss of it or something. I do not think these guns were acquired in Florida, but I could be wrong about that. I don't know NC laws very well yet, but in Florida I think it's legal to transport a shotgun so long as it's not loaded. I don't know about short barreled shotguns. I think anything less than 18" is a no-no, though I could be wrong about that of course.

    Off topic; while I disagree with many gun laws that might be considered slightly ludicrous and politically driven, ( verus logically driven ), I have zero interest in breaking the law purposefully. I really appreciate your help in navigating this stuff and thank you for the welcome

  4. #4
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    If you acquired the guns while a Florida resident and moved up here you are good to go as long as you can legally posses them. I think I am reading that right.

    As far as transport you have 2 options.

    1- Keep them in plain site. Leaning on the front seat is really the only option for this with a long gun. Handguns need to be in the passenger seat or on the dash with nothing covering them.

    2- Locked in a trunk or otherwise in a portion of the vehicle not accessible to the occupants. Trunks are great. The very back of a van works. In my truck I put them in a case and behind my seat. There is no way to get them out without myself getting out of the truck. If you want to be extra careful you can lock the case too.

    As far as transportation, NC makes no exception for loaded v unloaded with one exception. If you are hunting on NC gamelands they prefer it to be unloaded in the vehicle. Can't find the regulation for it, but I've always been told that. I could be mistaken.

    2 good resources. Pg 18 of the firearms PDF discusses transportation.

    http://www.handgunlaw.us/states/northcarolina.pdf

    http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

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