My father passed away 2 years ago from a motorcycle accident and he had a few guns registered in his name and I was wondering what I needed to do in order to get the guns put in my name.
I am from Elkin, NC which is in surry county and my father didn’t have any active will when he died so everything went to my mom. She was able to get things of his put in her name such as his truck but we were not sure what the status of his handguns would be. I turned 22 a few days ago and I’ve been wanting to get a concealed carry permit and use one of his guns rather than buying one so I figured I needed to put the guns in my name first before I start carrying them.welcome and with the standard caveats...i'm not a lawyer...but...
a question: i presume you are of age, < 21 handguns; > 18 long guns & NAF equipment; nor not considered a prohibited person, e.g. DV convicted, habitual substance user, felon? if not read on...
1. were your late father's possessions disposed of per his instructions thru his will ~ to you?
a. if so, you are now the legal owner!
b. if not, you need to discuss obtaining ownership with the new owner!
2. since you didn't state where you are in NC nor type of firearms, e.g. handguns/longguns/fully auto, a bit of history...
a. at one time in the recent past, several NC cities had "registration" mandates on their communities's citizens, but the state legislature overturned any registration criteria across the state for "normal" hand/long guns.
b. now there is no mandated registration for "normal" hand/long firearms so if entitled to them no biggie!
c. that stated, if your father had obtained automatic or any firearms qualified as NAF by the ATF, [see below] and didn't have them in a 'trust' you need an attorney. if your father had you listed as a trustee on his NAF firearm i still recommend you consult with an attorney to update your NAF trust.
bottom line, with the exception of NAF categories, there is no firearm registration mandates in the TARHEEL state.
now once you have possession, assure they are unloaded then take them to a gunsmith to assure they are servicable
hopes this helps but send a pm if you need further clarification...
Which firearms are regulated under the NFA?
(1) a shotgun having a barrel or barrels of less than 18 inches in length;
(2) a weapon made from a shotgun if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 18 inches in length;
(3) a rifle having a barrel or barrels of less than 16 inches in length;
(4) a weapon made from a rifle if such weapon as modified has an overall length of less than 26 inches or a barrel or barrels of less than 16 inches in length;
(5) any other weapon, as defined in subsection (e);
(6) a machinegun;
(7) any silencer (as defined in section 921 of title 18, United States Code); and
(8) a destructive device.
[26 U.S.C. 5845; 27 CFR 479.11]
The guns by law go to your mom. She is free to gift them to you. Son, here, I love you so much I giving you these guns. Perfectly legal under state and federal law. Those guns are yours. Now to be on the safe side have your mom give you a letter listing the guns she gave you. Put the letter in a safe place.I am from Elkin, NC which is in surry county and my father didn’t have any active will when he died so everything went to my mom. She was able to get things of his put in her name such as his truck but we were not sure what the status of his handguns would be. I turned 22 a few days ago and I’ve been wanting to get a concealed carry permit and use one of his guns rather than buying one so I figured I needed to put the guns in my name first before I start carrying them.
The folks above almost got it right. For you to get possession (lawfully) of handguns, you must first obtain the Pistol Purchase Permit. Present that to your mom, and she presents you with the guns. Done. see NCGS 14-402 (a)
The PPP allows one handgun per permit. see NCGS 14-403. The single transfer was added in 2015. Permits are shall issue, cost $5 each, good for 5 yrs. I don't know about Surry county, but my county allows 5 PPPs to be obtained at one time. Sheriff's website www.surrysheriff.org/pistol_permit.php
You do not need to 'own' a firearm to carry (OC or CC ) or to use it. NC has not yet gone down the universal background check path. There is no provision in our laws for any LEO to demand proof of ownership.
Quite possibly due to the 4 years between the revision of one and the other. And not making the connection with the phrase of purchasing one handgun.i'm sorry kwbrown297, i meant for you to have your mother loan you one of her handguns for your use.
Intent noted and appreciated.
btw bc.cruiser, where does the NC statutes state the private person selling, giving away, or transferring a handgun mandates this individual receives from and keeps from the receiver their PPP or even a copy of the NC privilege card ~ CHP?
Nowhere. Nothing I posted made this assertion.
further, bc.crusier, not to quibble, but 14-403 unequivocally states the sheriff's issued PPP must read, quote
Therefore, a permit is issued to ________ to purchase one pistol from any person, firm or corporation authorized to dispose of the same. unquote https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_14/Article_52A.html
Nice catch. Maybe we should sue. We are required to have a PPP to obtain a handgun, yet the wording requires us to pay for the gun.
humm, seems there is a confusion on the spirit and intent between 14-402 & 14-403...huh!
I think that's what has been pointed above. I'm glad to see someone from a blue state could even figure it out.I may be a little dense here but since 14-402/14-403 refer to the purchase of a handgun, wouldn't his mother gifting them to him make these 2 statutes moot?
I may be a little dense here but since 14-402/14-403 refer to the purchase of a handgun, wouldn't his mother gifting them to him make these 2 statutes moot?