Inherited handguns


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presspuller
August 28, 2007, 02:05 PM
What is the law concerning inherited handguns?
The ones in question would be old enough they were probably bought at the local hardware store before federal paper work became the norm.

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flashman70
August 28, 2007, 02:10 PM
As long as the inheritor is legally entitled to own a handgun, I can't imagine there's any problem. You can give a handgun away, sell it in a private transaction or will it to someone.

trueblue1776
August 28, 2007, 02:13 PM
No problems, you inherit firearms as you inherit other property. (As long as you can legally own them)

Ghost Tracker
August 28, 2007, 02:13 PM
Unless North Carolina has some sort of strange handgun laws, you need to do ABSOLUTELY NOTHING! If these guns had been bought last month & you had inherited them last week, you need to do ABSOLUTELY NOTHING. As long as the ownership of these firearms is legal (meaning no fully-automatic, no sawed-off shotgun pistols, no silencers, etc.) and you're not a felon or have ever had any domestic violence charges, you are required (by Federal Law) to do ABSOLUTELY NOTHING. So...get to it! And enjoy doing ABSOLUTELY NOTHING.

Now, to the important part. What'd ya' GET?!?

presspuller
August 28, 2007, 02:36 PM
Now, to the important part. What'd ya' GET?!?

Thanks for the info guys. I was pretty certain that I was correct, just wanted to make certain.

The sad part is its not me that got the inherited the pistols, just a friend here at work and she was asking me.

Ghost Tracker
August 28, 2007, 02:39 PM
No Problem...WHAT'D SHE GET?!?

wdlsguy
August 28, 2007, 03:00 PM
What state are the handguns coming from? Does North Carolina require any paperwork before taking possession of a handgun?

presspuller
August 28, 2007, 03:26 PM
If you do a personal sale you are suppose to go to a FFL holder and have them do the transfer.

LAR-15
August 28, 2007, 04:27 PM
You need a sheriffs permit in NC for a pistol but I suspect most folks ignore that.

Ghost Tracker
August 28, 2007, 05:31 PM
Does that "Sheriff's Permit" Requirement mean pistol ownership or carry? I didn't know North Carolina had such a requirement, SORRY presspuller. Isn't it interesting that North Carolina reciprocates CCW Permits with 30 other States? I'll bet none of them require a Sheriff's Permission at home.

np15cgg
August 28, 2007, 05:56 PM
A sheriff's permit (or CHL) is required to take legal possession of a handgun.

BlisteringSilence
August 28, 2007, 06:33 PM
missouri does. arkansas does not. require a sheriff's permission (or chief of police) to acquire a handgun.

I know that when my dad got his new sig (missouri), it took him all of 10 minutes to get the ticket he needed. way less than the 50 minute roundtrip drive from his house to the county courthouse.

presspuller
August 28, 2007, 07:14 PM
In NC you have to have a permit signed by the sherriff to purchase a handgun. You also have to have a background check and his approval for a CCP.
If you have the CCP then you do not have to get a permit from him to purchase a handgun.

TehK1w1
August 28, 2007, 11:30 PM
And what if is not a purchase? An inherited gun is not being bought.

Ghost Tracker
August 29, 2007, 11:41 AM
Good Gaud I HATE to say these words...but we need a North Carolina Lawyer! Does the Sheriff's Permission allow you to buy or own/possess a handgun? It almost HAS to be buy or my Kentucky CDWL would be in question without one while visiting NC.

wdlsguy
August 29, 2007, 12:24 PM
...
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.

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.
...
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

ED21
August 29, 2007, 12:44 PM
wdlsguy 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.

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.
...
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf


I find it hard to believe, although commendable, that someone from Texas had to answer a question on North Carolina laws. I just saw this post or I would have been able to assist. wdlsguy is absolutely correct. It does not matter how the pistol is obtained, a permit from the Sheriff is required before receiving them.

Ghost Tracker
August 29, 2007, 01:12 PM
That means I was COMPLETELY WRONG with my answer in Post #4. I apologise for my uninformed & unintentional mistake. Good thing I began my response with the "strange handgun law" disclaimer. Because that surely IS one. But I suppose it's strange only to someone who's never had to obey it.

Elm Creek Smith
September 1, 2007, 02:20 AM
Missouri now does not require a sheriff's permit to purchase a concealable handgun. (Covered elsewhere on the board.)

ECS

macmuffy
September 1, 2007, 07:41 AM
So if a permit is required before you get a pistol, this means that the state knows just how many and what kind of pistols you have.
Is a permit tied to a specific gun or is it good for ,say, 5 pistols?:confused:



.

robsc
September 1, 2007, 10:16 AM
inheritated revolvers, auto pistols , rifles and shotguns---possession is 99% - 100% of the law. you may register the guns in your name through a dealer, but this is optional and possibly risky. the risk being, that if you don`t pass the background check the dealer becomes the owner of the guns and you lose them. source: BATFE

BlisteringSilence
September 1, 2007, 07:42 PM
inheritated revolvers, auto pistols , rifles and shotguns---possession is 99% - 100% of the law. you may register the guns in your name through a dealer, but this is optional and possibly risky. the risk being, that if you don`t pass the background check the dealer becomes the owner of the guns and you lose them. source: BATFE

Can you cite that?

robsc
September 2, 2007, 10:07 PM
I called local ATF office and asked the same question. I quoted in my post what I was told over the phone.

Jim K
September 2, 2007, 10:20 PM
A good point to remember. Some of us when asked a question on legality tend to think only of Federal law. But there are some weird state and even local laws out there (Chicago, Washington, D.C., and Morton Grove, IL come to mind) so we can't think just in terms of Federal or even state law.

And when talking to BATFE, remember that their reply will be in terms of the Federal law, which they enforce and in which they are (supposedly) experts. They don't know all the state and local stuff and will generally not even mention those laws in a reply.

Jim

Dick1911
September 3, 2007, 07:50 AM
So if a permit is required before you get a pistol, this means that the state knows just how many and what kind of pistols you have.
Is a permit tied to a specific gun or is it good for ,say, 5 pistols?

While I'm fairly new to gun ownership, I can answer this one (although the inheritance aspect surprised me). One purchase permit per one handgun and there is nothing in the application concerning the type of handgun you want to purchase. You don't have to register the handgun (at least not in Wake County).

The permit is good for quite some time - 5 years - and you can get up to 5 permits per application so many people max out the number of permits when they apply to hold for later. I don't think there's a limit on how frequently you can apply. The state doesn't necessarily know how many handguns you actually have or the kind, only how many permits you applied for. You don't need a permit to sell, but if you sell you need to obtain the purchase permit from the buyer and keep it forever.

Here's a link to the Wake County Sheriff's info on a permit: http://rtpnet.org/~wcso/pistol.html

ArchAngelCD
September 3, 2007, 08:28 AM
IMO, she is out of her mind to tell anyone in the government she has those guns. I like the statement from BATFE and would run with that...

deadin
September 3, 2007, 09:14 AM
that if you don`t pass the background check the dealer becomes the owner of the guns and you lose them.

I don't think this is quite correct and would like to see it in writing. Not just some "quote" from a phone call. (Too easy for someone to misunderstand the question and just toss off an answer that doesn't fit.)

If your gun is logged into a dealers book and you don't pass the background check, he can't release it to you, but he doesn't become the "owner". (He can' just sell it for his own profit.) The law is concerned with possession, not ownership.
We had a local situation where the owner had pawned a 99 Savage in another state somewhere. He paid off the pawn and had the gun shipped to a local FFL. In the meantime he committed some sort of a felony so that he was no longer eligible for firearm possession. As explained to me by the dealer, he couldn't sell the gun without the owners permission and the owner didn't want to sell as he thought he could get his conviction reversed. The gun was "in limbo" for over a year.
As I remember, the dealer finally started charging "storage" on it and the owner decided to let it go.

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