imported post
Let me start off with a little civics lesson, and explain how th elaw works here in the USA.
Our legal system is based on "proscriptive law", meaning you start from a point where EVERYTHING is legal, and then laws are made that ONLY describe what is PROHIBITED. If something isn't specifically prohibited under law or statute--in our legal system in the USA--then it is, de facto, legal and lawful.
In other words, if something is legal, you won't find a law that says so. Laws are only there to tell you what you CAN'T do. The legal system starts from a point assuming that possessing and carrying ANY firearm is legal for ALL people. Then, laws and statutes are enacted that PROSCRIBE what you can NOT do--sell a gun to a felon, possess a handgun if you have a restraining order against you, own a machine gun if you don't meet specific qualifications, etc...
That is why there is no statute to point to that makes Open Carry legal in NC (and many other states).
OK, here is how the "under 21 pistol sale" thing works:
This is what the "Anti's" call the "Gun Show Loophole" but really what it is, is a legal situation that allows individuals to engage in private commerce without undue intervention or regulation by the Federal Government.
Under Federal law, you must be 21 to purchase a handgun from an FFL dealer. There are no federal regulations that regulate private sales, other than you're not supposed to sell a handgun to someone who is a "prohibited person" like a felon, or a drug addict, or someone from another state, or someone with a restraining order on them. The Feds seem to view private sales as something that does not fall under Federal perview, unless it involved interstate commerce. Under Federal law, you must be 18 or older to POSSESS a handgun.
NC law is similar to Federal law with regards to handgun sale, purchase, and possession. Under NC Statutes, you must be 21 to purchase a handgun from an
FFL dealer. There are no State regulations that regulate private sales, other than you're not supposed to sell a handgun to someone who is a "prohibited person" lie a felon, or from another state, or a drug addict, or someone with a restraining order on them, and the requirement that ALL handgun transactions require a Handgun Purchase Permit. Under NC Statutes, you must be 18 or older to POSSESS a handgun, but there is no age specified for the issuance of HPP's.
So, here's how the logic works:
Since there are no age limits on PRIVATE transactions in NC, other than the "prohibited persons" regulations, and the requirement that a person must be 18 or older to
possess a handgun (Fed and NC laws), it is a logical (and legal) extension that someone who is between 18 and 21 may only come into possession of a handgun through 2 methods: it is loaned to them by an over-21 adult who is a legal owner (in which case it is only in your temporary possession, and not actually your "property"), or you must BUY it in a
private transaction (which are not limited by the 21-year-old age restriction that FFL dealer transactions are). The only thing holding you back from completing a private transaction of a handgun in NC if you are under 21, is obtaining an HPP.
Since there is no age stipulation under NC law for possession or non-FFL sales for handguns, it is legal--IF you can legally obtain a HPP.
Despite the fact that there is nothing in NC Statutes that regulate age limits on private transactions of firearms (other than the part where you must be 18 to possess), many Sheriffs state that you must be 21 for them to issue you a HPP. Sheriffs seem to be able to get away with this restriction because if you don't like it, you have no real recourse--the Sheriff is the "Prime Law Enforcement Official" of any local jurisdiction. And since you have to get your HPP from the Sheriff in the same county as your residence, you have no option or recourse if your Sheriff isn't following the letter of the law. And taking your Sheriff to court over an administrative violation of NC Statutes (or a Constitutional violation, under the NC State Constitution) is certainly NOT going to win you any "brownie points" with the Sheriff, OR the Court system...
Often, though, if it's a father-son transaction (such as an inheritance or a gift) many Sheriffs will issue the HPP, even if their "policy" is to only issue to people 21 and over. And if your family is known as being law-abiding folk, then your chances are even better.
That's how it goes, at least to my understanding.
But remember,
IANAL (I Am Not A Lawyer), and my advice is worth EXACTLY what you pay for it...
I suggest you download a copy of the PDF that the NC Attorney General has on their website concerning NC Firearms Law.
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
Study it, Learn it, Live it...
