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Selling a firearm, issues

chris829

Regular Member
Joined
Sep 18, 2011
Messages
65
Location
north carolina
A guy wants to buy my M&P shield, but says he lost his licence at a football game. He still has his chp and is willing to let me photograph it and his passport, should I go ahead with the sale?
 

OC for ME

Regular Member
Joined
Jan 6, 2010
Messages
11,898
Location
White Oak Plantation
Pass port likely does not measure up...no address home listed on a passport...could be wrong...
This publication is designed to assemble and present the basic firearms and weapons laws of North Carolina in an effort to educate and emphasize for the public, the responsibilities and duties pertaining to the possession and use of firearms and related weapons in North Carolina.

...As always, any other transfer between private individuals is also governed by North Carolina's pistol permit laws. - page 5 - ...

https://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx
Here ya go. If this interwebz posted document is in error I'm confident corrections will be supplied.
 

Firearms Iinstuctor

Regular Member
Joined
Jul 12, 2011
Messages
3,125
Location
northern wis
Does he look like a scum bag.

If some one wants to show me Id I look at if they just want to show me 100 dollar bills the trans action is made.

Free market guns are the safety valve against confiscation.
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,739
Location
here nc
A guy wants to buy my M&P shield, but says he lost his licence at a football game. He still has his chp and is willing to let me photograph it and his passport, should I go ahead with the sale?
Chris, per NC AG: quote:
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).

per https://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-402.html

§ 14-402. Sale of certain weapons without permit forbidden.


(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (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.


It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14-403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

Chris, the item in the statute of being a 'resident' and w/o a DL is concerning as you didn't delineate if the guy is a close friend you know, or a bloke off the street! Therefore the following is quoted in passing:
E. Soliciting Unlawful Purchase
Any person who knowingly solicits, persuades, encourages, or entices a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances that the person knows would violate the laws of this State or the United States is guilty of a Class F felony.


Any person who provides to a licensed dealer or private seller of firearms or ammunition information that the person knows to be materially false information with the intent to deceive the dealer or seller about the legality of a transfer of a firearm or ammunition is guilty of a Class F felony.


Any person who willfully procures another to engage in conduct prohibited by this section shall be held accountable as a principal to the crime.


This section does not apply to a law enforcement officer acting in his/her official capacity or to a person acting at the direction of the law enforcement officer. N.C. Gen. Stat. § 14-408.1.

Further, why haven't they gotten a replacement DL as i believe it is the 'formal' valid identification a NC citizen must show along with their CHP during LE stops?
 

color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,607
Location
Cincinnati, Ohio, USA
NORTH CAROLINA STATE CONSTITUTION
Article I, Sec. 30. Militia and the right to bear arms.
A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.
I'm a little confused. Where in the constitution does the state have the authority to regulate the private sale of any private property to another private party and making that sale a crime if not licensed by the state to make such sale?

The state only has power to make it a crime the conceal carry. That's it. Where am I wrong.
 

chris829

Regular Member
Joined
Sep 18, 2011
Messages
65
Location
north carolina
It's a guy from Armslist. He says he has his passport and concealed carry permit both that I can photograph. Just not his DL
 

solus

Regular Member
Joined
Aug 22, 2013
Messages
7,739
Location
here nc
NORTH CAROLINA STATE CONSTITUTION


I'm a little confused. Where in the constitution does the state have the authority to regulate the private sale of any private property to another private party and making that sale a crime if not licensed by the state to make such sale?

The state only has power to make it a crime the conceal carry. That's it. Where am I wrong.
CoL, while not as wisen as you in judicial matters, the NC Constitutional section you referenced while isn’t a commerce clause per se, but rather the standard constitutional militia rhetoric clause; so might i point you to:
ARTICLE II
LEGISLATIVESection 24, Limitations on local, private, and special legislation,
(4) General laws.The General Assembly may enact general laws regulating the matters set out in this Section.

AND

ARTICLE XIV
MISCELLANEOUSSec. 3. General laws defined.

Therefore, the NC legislative section has passed ‘statutory’ mandates on sale of firearms, handguns in particular which are overseen by the local sheriff.




 
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color of law

Accomplished Advocate
Joined
Oct 7, 2007
Messages
4,607
Location
Cincinnati, Ohio, USA
CoL, while not as wisen as you in judicial matters, the NC Constitutional section you referenced while isn’t a commerce clause per se, but rather the standard constitutional militia rhetoric clause; so might i point you to:
ARTICLE II
LEGISLATIVESection 24, Limitations on local, private, and special legislation,
(4) General laws.The General Assembly may enact general laws regulating the matters set out in this Section.

AND

ARTICLE XIV
MISCELLANEOUSSec. 3. General laws defined.

Therefore, the NC legislative section has passed ‘statutory’ mandates on sale of firearms, handguns in particular which are overseen by the local sheriff.




There is nothing in Article II section 24 that addresses firearms/weapons.

Article XIV section 3 states: "Whenever the General Assembly is directed or authorized by this Constitution to enact general laws,". The general assembly only has authority to regulate the concealing of firearms. That is it.

Where am I wrong.
 
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