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Question About Receiving a Pistol As Gift From My Father In Pennsylvania.......

87astro

Newbie
Joined
Jul 2, 2017
Messages
3
Location
North Carolina
Good afternoon,

I am trying to figure out what I need to do in order to take possession of a pistol from my father who lives in Pennsylvania.

I live in North Carolina and have a pistol purchase permit. My father wants to give me the pistol as a gift for my birthday.

Do I bring the pistol back home with me and then go to the sheriffs office or a gun shop along with the purchase permit to do the paperwork to take ownership of it?

Any help in this matter is greatly appreciated, thank you all,

Steve
 

FBrinson

Regular Member
Joined
Jan 10, 2013
Messages
298
Location
Henrico, VA
Good afternoon,

I am trying to figure out what I need to do in order to take possession of a pistol from my father who lives in Pennsylvania.

I live in North Carolina and have a pistol purchase permit. My father wants to give me the pistol as a gift for my birthday.

Do I bring the pistol back home with me and then go to the sheriffs office or a gun shop along with the purchase permit to do the paperwork to take ownership of it?

Any help in this matter is greatly appreciated, thank you all,

Steve
I don't think I have ever heard of a pistol purchase permit. Why not just take it home and enjoy?
 

FBrinson

Regular Member
Joined
Jan 10, 2013
Messages
298
Location
Henrico, VA
I believe it's related to the joys of wanting to be a gun owner in NC...



"Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give
away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or
receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county
where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North
Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer
of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but
also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-
402(a).
In addition, this State law has been interpreted to require that a pistol permit be obtained by
the receiver of a handgun when such person inherits a pistol as a result of the death of another
person. The permit should be given to and retained by the seller or donor of the handgun. In such
a case, the permit should be given to the executor or receiver of the estate of the deceased person.
If the purchaser or receiver uses a North Carolina-issued concealed carry permit for the transfer,
the seller should reference such permit on a bill of sale. " - Source http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

The part in bold seems to indicate that if you obtain the firearm outside of NC, PA in this case, then you are not 'at any place in the State' of NC and a permit would not be required. Smarter people than me will be along to fix whatever I'm breaking, however..
 
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Fallschirjmäger

Active member
Joined
Aug 4, 2007
Messages
3,823
Location
Cumming, Georgia, USA
"Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give
away, transfer, purchase, or receive, at any place in the State, any pistol,... " - Source http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

The part in bold seems to indicate that if you obtain the firearm outside of NC, PA in this case, then you are not 'at any place in the State' of NC and a permit would not be required. Smarter people than me will be along to fix whatever I'm breaking, however..

If I recall, there are a few federal rules in place regarding the interstate transfer of handguns, something about interstate transfers/sales being required to go through a federally firearms licensed dealer. Quick online search says it's [18 U.S.C 922(a)(3) and 922(b)(3); 27 CFR 478.29] but it's Sunday and I don't have the gumption to go read federalease.
 
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wabbit

Regular Member
Joined
Jan 19, 2011
Messages
153
Location
briar patch, NM
seems a tad bit of OP's info might be missing, isn't there, OP's age? or why the OP is in NC, military?

federally...ATF 5300.4 - Q&A, page 198,
(B13) May a parent or guardian purchase firearms or ammunition as a gift for a juvenile (less than 18 years of age)?

Yes. However, persons less than 18 years of age may only receive and possess handguns with the written permission of a parent or guardian for limited purposes, e.g., employment, ranching, farming, target practice or hunt. [18 U.S.C. 922(x)]

as for NC statues, seems the word 'gifted' from a parent or guardian is lacking.

and interesting, rereading OP's post i miss that the OP's parent or guardian had passed and therefore the OP was inheriting...so not sure about your post FB...

only problem i see is buying ammo for a handgun as it violates federal mandates if the OP is under 21.

last i read on this forum's pages over 18 can OC throughout the state...
 

87astro

Newbie
Joined
Jul 2, 2017
Messages
3
Location
North Carolina
I am 38 years old, I am not and never have been in the military.

In North Carolina yes you have to obtain a permit just to purchase or receive a handgun.

I live in North Carolina originally from Pennsylvania.

I will be driving back from PA to NC and I just wanted to make sure this was something I could do.

My parents (Father is giving me the handgun as a gift that he legally owns) are both still alive and kicking. :)
 
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F350

Regular Member
Joined
Mar 22, 2012
Messages
941
Location
The High Plains of Wyoming
I believe the legal method would be to have the pistol shipped to an FFL, then you go to the FFL and do the paperwork. Option "A"

I lived in Missouri which also had the "mommy may I please" handgun requirement at the time when my father wanted to give me his guns, he was in S Carolina; I went down for a visit and took option "B".
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
5,948
Location
Cincinnati, Ohio, USA
Good afternoon,

I am trying to figure out what I need to do in order to take possession of a pistol from my father who lives in Pennsylvania.

I live in North Carolina and have a pistol purchase permit. My father wants to give me the pistol as a gift for my birthday.

Do I bring the pistol back home with me and then go to the sheriffs office or a gun shop along with the purchase permit to do the paperwork to take ownership of it?

Any help in this matter is greatly appreciated, thank you all,

Steve
SO, let me get this straight. Your father wants to return YOUR pistol that you lent him for training purposes in PA. long before you moved to NC. Is that my CORRECT understanding?
 

bc.cruiser

Regular Member
Joined
Apr 2, 2011
Messages
786
Location
Fayetteville NC
SO, let me get this straight. Your father wants to return YOUR pistol that you lent him for training purposes in PA. long before you moved to NC. Is that my CORRECT understanding?

Yessir, that is my story.:cool:

But, OP, if that is not your story, here's what you have to do (2 options):

1. Have your father bring it to NC. Go to a FFL and do the transfer paperwork. Done.
2. Have your father take it to a PA FFL and ship it to your FFL here in NC. When it gets here, go do the transfer, pay the FFL's fee, and you're done.

Your father could ship it via contract carrier such as UPS or FedEx next day air, but the cost will be higher than having an FFL do it. As a non-FFL, he absolutely cannot use USPS for a handgun. You would also have to find a FFL that will accept from an individual, and is willing to provide a copy of their FFL to include with the package.

USPS regs: https://pe.usps.com/text/pub52/pub52c4_009.htm
 
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