j.clay507
New member
How do you handle a private sale for a handgun when dealing with someone who is under 21? I know you have to get a pistol purchase permit but after you get one how would you handle the sale?
You must be reasonably sure the person is allowed to own/possess a handgun. Check ID that the person is a state resident and has a PPP. As a private seller you are not required to maintain any record of the transaction. Depending on the legal definition of "present" (buyer must present a PPP) you are not required to take the PPP from the buyer.
If the buyer is from Forsyth county, the sheriff will not issue a PPP to someone under 21 (I have this in writing from them).
Outside the PPP, nothing. If it was I, would check the PPP against a ID. If a buyer make sure to get a bill of sale, just in case the gun ever comes up stolen.
Sheriffs depts do a check for a PPP, and ATF has accepted those as a background check for dealers. So a person knows the buyer at least at the time of the PPP is legal. PPP's are good for five years, so ya might want to look at the date, though as long as not over the limit the seller is not responsible if the buyer has done something since that time.
My biggest fear with buying from an unknown individual is even with a BOS if the gun comes up stolen, kiss it goodbye. I have a friend whose chain saw was stolen last year, he found it in a pawn shop and called the cops. The pawn shop is out the money they gave the thief for the saw. Legal owner got his saw back.
I am 20 and I am buying from a friend who is a LEO. But he has never dealt with
a private sale with someone who is under 21
I am 20 and I am buying from a friend who is a LEO. But he has never dealt with
a private sale with someone who is under 21
Be very careful here, if he is buying the gun for you from a FFL you are both committing felonies, LEO or not.
He is NOT buying one for me. Its a pistol that he has had for years that I am buying from him. Just wondering how to do it so we handle it the right way
btw...there is no mandate prohibiting private sales from or to out of state individuals. for example, if an individual has a valid PPP from 2 years ago while they maintained residence in NC and in the interim moved out of state to SC, the former NC can return to NC and purchase from a private NC seller and only is required to provide their still valid PPP IAW 14.402.
food for thought!!
ipse
14.402 is the NC statute covering the selling of a firearm in this state. http://www.ncga.state.nc.us/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_52A.pdf
you have been given excellent advice by both forum members, especially WW regarding stolen property since i perceive, based on your previous postings, you are the individual <21 purchasing the firearm from another individual. therefore, to your own satisfaction, do due diligence and try to determine where the seller, e.g., 'Joe shady character' or your very best friend Ray, got the firearm, thus saving you grief in the future.
One small point of contention to mention at this stage, if very best friend's caregiver, (or anybody > 21 for that matter) is going to go to an FFL and purchase the firearm for you (you provide the money before or after the sale)...that could be considered, by ATF's perception, a strawman purchase and as you can imagine is a violation of federal law.
the other concept is if your caregiver has purchased the firearm and 'gifting' it to you, which at this time you, theoretically, you do not need a PPP.
private sale or purchase from private individual is easy but has it's worries at times, which is why i was curious of the particulars.
one final thought...if you are the seller, keep their PPP and issue a BOS and if the buyer get a BOS and make a copy of your PPP and insist the seller keep it, just to protect your arse.
hopefully, this provides insight for your upcoming sale or purchase of a firearm.
ipse
14-402 (snipped) (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.
My consumption of this food is that the person must be a resident at the time of purchase, which you have stated. If he does not present proof of such residency, no sale/transfer will occur between he and I.
I am sorry you are still confused by my post as you have now stated something i did not say.
let's be clear...while i am not an attorney, my reading of the statutes in question, leads me to believe, you do not have to be a current resident of this state to purchase a firearm from a private seller if they use < 5 yo PPPs previously purchased in accordance with statute while you were a NC resident.
further there is no salutatory requirement for a private seller to proffer a NC DL as your previous statement posted on this thread stated. This could lead reader(s) to believe citizens in NC are mandated to present a driver's license to consummate a private firearm sale.
now you state your comment about requiring a NC DL was personal opinion and without any kind of merit.
ipse.
nice solid advice for the OP and future membership trying to understand how to accomplish a private sale.
I don't think I took the 'advice' line out of context.while normally the smart arse
Unless I have missed it, there are no requirements for the seller of a firearm spelled out, only what it is illegal for a buyer to do. Which means the seller does not have to do anything, as long as the buyer has no information that buyer has disabilities. If I have missed the statute where a seller must obtain information from the buyer hopefully somebody will step up and cite it.I am sorry you are still confused by my post as you have now stated something i did not say.
let's be clear...while i am not an attorney, my reading of the statutes in question, leads me to believe, you do not have to be a current resident of this state to purchase a firearm from a private seller if they use < 5 yo PPPs previously purchased in accordance with statute while you were a NC resident.
further there is no salutatory requirement for a private seller to proffer a NC DL as your previous statement posted on this thread stated. This could lead reader(s) to believe citizens in NC are mandated to present a driver's license to consummate a private firearm sale.
now you state your comment about requiring a NC DL was personal opinion and without any kind of merit. nice solid advice for the OP and future membership trying to understand how to accomplish a private sale.
ipse.
Unless I have missed it, there are no requirements for the seller of a firearm spelled out, only what it is illegal for a buyer to do. Which means the seller does not have to do anything, as long as the buyer has no information that buyer has disabilities. If I have missed the statute where a seller must obtain information from the buyer hopefully somebody will step up and cite it.
You must be reasonably sure the person is allowed to own/possess a handgun. Check ID that the person is a state resident and has a PPP. snip