Register Gun?

[airwolf09]

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I use to have my LTC license from MA as I lived there and purchased my gun in MA before I moved down here.
When I moved to NC, I took the gun with me via car instead of transfer via FFL. Can some one tell me whether or not I need to register my gun with NC as I purchased my gun in MA? I am assuming NO but just want to check.

 

[chiefjason]

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We don't need no stinking registration! Unless you are in Durham, but noone seems to know how to do it anyway. If you're legal to possess it your good to go.

 

[airwolf09]

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ah, that is good. I'm live in Raleigh so that make one less thing to worry.

 

[Rugerp345]

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http://www.piedmontandeasterncarolinarailroad.com/NCPage1.pdf

http://www.piedmontandeasterncarolinarailroad.com/NCpage2.pdf

 

[CarryOpen]

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l still don't think you need to register in Durham. I can find no such law on their books. If I were moving to that area I would dig deeper.

 

[chiefjason]

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CarryOpen wrote:

l still don't think you need to register in Durham.  I can find no such law on their books.  If I were moving to that area I would dig deeper.

It was grandfathered in, so the preemption does not effect it. It's an old law and was basically ignored for a long time. Whether it even exists or is in effect is questionable to the point that no one can seem to get a straight answer from the city or state. A guy on CSF got the the bill #, etc from the Attny Gen's office. But it's so old it is not online. It was passed in 1935. If anyone has access to old General statute info he was told it was "House Bill 556, passed in 1935, Chapter 157".

Regardless, Durham is notoriously a lousy place to be a gun owner.

 

[elenaidan]

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Hey I'm the guy from durham referenced in someone else's comment. Here is what I've discovered.

Yes it is a legal requirement to register any handgun ( this rule does not apply to long guns unless they are machine guns) within Durham. The original law was written into House Bill 566 in 1935, Chapter 157. The rule seemed a little vague as to whether it requires you be a resident or just have possession to be affected by the statue. You must register within 10 days of your purchase or taking ownership. If you sell the item the new buyer is required to register in their name. Failure to do so is considered a misdemeanor.

On the idea that if you open carry do you need the permit with you. It depends on whether you would like to let local Law Enforcement hold your firearm for 10 days until you appear before them with the registration. The law allows them to confiscate your firearm if you have no proof of registration for a period of ten days, after which they "shall destroy the same within the year" if you can not produce proof of registration.

The Clerk can "in writing" require that you present your firearm for registration ( The clerk of the superior court may in his discretion require that the pistol.........be presented to him for registration")
DO NOT SHOW UP AT THE COURTHOUSE WITH YOUR FIREARM. IF THEY WANT TO SEE IT THEY WILL SEND YOU A REQUEST IN WRITING!

With regards to the law being struck down or invalid I have found no proof of that. The "Shephard's North Carolina Citations" show no records of case law regarding this statute. Therefore I assume that it has not been tested in a court of law.

With regards to the 14-409.40 Uniformity Laws it is clearly stated that "Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution or other enactment, shall regulate in any manner the possession, ownership storage, transfer, sale purchase licensing or registration of firearms, firearms ammunition, components of firearms, dealers in firearms or dealers in handgun components or parts.".

Durham has been given the authority to require registration per the 1935 HB 566 Chapter 157. For clarification I spoke with John J. Aldridge III (Special Deputy Attorney General) last week and he assured me that this is still a valid law. Attorney General Roy Coopers document "North Carolina Firearms Laws" revised December 2007 also states on page 34 clearly that this is the Attorney Generals understanding.

Sorry it's so long, but maybe it will help anyone thinking of moving to Durham.

 

[CarryOpen]

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In your research, did you find out how this would apply to firearms already owned? Since one is not purchasing or transferring them, I wonder if the law still applies.

 

[elenaidan]

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As the bill is written it required anyone owning or possessing the firearm to register it within 60 days of the passage of the bill and ten days thereafter for anyone owning or possessing the firearm. It does not specifically address those who may relocate to the area, however the possession element in itself is a compelling word to register the firearm.

Let me be clear that I disagree with the registration of personal firearms for sporting or self defense purposes on the grounds that I feel it is an intrusion upon the second amendment. I personally feel that registration of firearms owned by law abiding and peaceful citizens has an ill effect on freedoms as a whole. I have spoken to no less than 10 police or sheriffs deputies in the past year regarding this law and civilians possessing firearms. On the first part, in general they do not register their own private firearms with the clerks office. On the second part, in general they also realize they cannot be everywhere all the time and understand the individuals desire to be armed. They expressed concern however that unsecured firearms in cars or homes provide easy access to criminals for ill deeds. After getting to know many officers I have since acquired what is needed to insure that nothing can be accessed by those who wish to do harm in our society. I never want anyone harmed by a firearm, but I do not think that registering them is, in any way, a deterrent to criminals.

Do I agree with the law.... No. Do I obey the law.... Yes.