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Thread: Min Age To Open Carry 18?

  1. #1
    bgreene89
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    Hey I have a question me and my dad have a gun shop here in North Carolina. A guy came in and traded his smith and wesson sigma 9mm in for a new 40 cal. sigma. Me and my dad contacted A.T.F. they sayed no permit was required if he wanted to take the gun out for his personal use but to log it out in his federal firearms books. I am 20 years old can I open carry this gun? if no why not? I have heard mixed stories on the age limit on carrying a handgun around here. I have heard 21 and 18 which one is correct? And if all possible what law says the age limit for handgun in north carolina? And federal?

  2. #2
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    NC prohibition for minors

    14‑269.7. Prohibitions on handguns for minors.
    (a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.
    (b) This section does not apply:
    (1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.
    (2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.
    (3) To an emancipated minor who possesses such handgun inside his or her residence.
    (4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.
    (c) The following definitions apply in this section:
    (1) Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
    (2) Minor. – Any person under 18 years of age. (1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg. Sess., 1994), c. 597, s. 1.)

    FWIW, this means a minor is anyone under 18. There is no law prohibiting an 18-21 yr old from possessing a handgun, ie, OC.

    Permit law here. No mention of age. But you DO need a permit to transfer, I hope the guy had a CCP at least.

    http://www.ncga.state.nc.us/EnactedL...GS_14-402.html

    Federal purchase requirement, age only.

    Provided that federal law and the laws of both the dealer`s and purchaser`s states and localities are complied with:

    An individual 21 years of age or older may acquire a handgun from a dealer federally licensed to sell firearms in the individual`s state of residence
    An individual 18 years of age or older may purchase a rifle or shotgun from a federally licensed dealer in any state

    http://www.nraila.org/gunlaws/federal/read.aspx?id=60

    Basically you can possess the gun. If you want to purchase it you have to talk the sheriff into letting you get a permit under 21 and buy it from an individual, not an FFL.

    Take a long look at the GS codes. If you work in a gun shop please read and know them. Some of the worst gun info on laws I have ever received came from gun shops. I hate that. If you go to the source you know what the law says, not what someone says it says. It's a peeve of mine.

    Oh, and I am not a lawyer, IANAL. Just my thoughts on the question.

  3. #3
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    It seems to me if your father can use the weapon for personal use that would include loaning it to you. As long as you are not a felon or crazy it should be ok.

    18 year olds can legally own firearms sold or given from friends and family as long as they have a purchase permit. This would require your father taking you and explaining to the sheriff he wanted you to own his gun. The sheriff can still say no though.

    IANAL!

    Edited to add the following

    You may also want to ask the ATF specifically. They might have meant to say "Only the store owner can use it if he logs it out."

  4. #4
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    NC Attorney General says the Sheriff cannot keep 18-21 from being permitted due to age. Call them, they'll get you straight on the NC Laws... I did.

  5. #5
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    Sam wrote:
    It seems to me if your father can use the weapon for personal use that would include loaning it to you. As long as you are not a felon or crazy it should be ok.

    18 year olds can legally own firearms sold or given from friends and family as long as they have a purchase permit. This would require your father taking you and explaining to the sheriff he wanted you to own his gun. The sheriff can still say no though.

    IANAL!

    Edited to add the following

    You may also want to ask the ATF specifically.
    ATF has nothing to do with it - this is a North carolina law question - does North carolina allow folks to 'loan" handguns to others? I have no idea, but ATF's opinion is irrelevant.

  6. #6
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    The OP mentioned calling the ATF and asking. I have no idea what the legalities are concerning the ATF and Gun Shops. But they went to the ATF with a question, I just suggested they get a clear answer. Whether or not they are asking the right person is beyond me. LOL! XD

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