buying handgun under 21

[1858rem]

i read elsewhere on this site that in some states you can buy a handgun legally secondhand.... this was only hinted at, and i was wondering if anybody knew anymore about this, being legal anyhow... and if it is true for north Carolina?

 

[NonConformist]

Not sure for NC, check your laws.

In Florida its illegal for anyone under 21 to buy a Handgun from an FFL, however, there is no law, state or federal, prohibiting you from buying a handgun in a FTF transaction as long as your are 18.

Your state may have a different law, but here its only illegal to transfer a gun to a minor(less than 18)

 

[Duke Junior]

i read elsewhere on this site that in some states you can buy a handgun legally secondhand.... this was only hinted at, and i was wondering if anybody knew anymore about this, being legal anyhow... and if it is true for north Carolina?

The Brady Bunch is helpful sometimes.

http://www.bradycampaign.org/legislation/state/viewstate.php?st=nc#juvsale

JUVENILE SALE
Is it illegal to sell handguns to anyone under 21 years of age? No

State law does not restrict selling handguns to juveniles under the age of 21 by unlicensed sellers. Under federal law, only federally licensed dealers are prohibited from selling or delivering handguns or ammunition for handguns to any person under the age of 21. A strong state law is needed to stop unlicensed persons from selling handguns to those under the age of 21.

Now go out and buy your gun!

 

[1858rem]

ill check up on it before i do this for sure.... but are you saying as long as im 18 i could buy a handgun, as long as it is not from the store/manufacture? private party right?

 

[Duke Junior]

ill check up on it before i do this for sure.... but are you saying as long as im 18 i could buy a handgun, as long as it is not from the store/manufacture? private party right?

Right!
Make the Brady's and VPC types more miserable and go out and get your gun.
Congratulations and stay safe.

 

[1858rem]

cool thanks!

 

[Duke Junior]

cool thanks!

You're welcome.And because I know you want to be 100% sure, here is the relevant North Carolina Statute:

§ 14‑269.7. Prohibitions on handguns for minors.

(a) Any minor who possesses or carries a handgun is guilty of a Class 2 misdemeanor.

(b) This section does not apply:

(1) To officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.

(2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.

(3) To an emancipated minor who possesses such handgun inside his or her residence.

(4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.

(c) The following definitions apply in this section:

(1) Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.

(2) Minor. – Any person under 18 years of age. (1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg. Sess., 1994), c. 597, s. 1.)

 

[NonConformist]

Looks like you're good! Now go and do your duty and make a liberal cry

I recommend an HK or SIG is you can afford it! A USP was my first and its still running strong!

 

[22-rimfire]

Yes to 18 years old or over as long as you are a resident of the same state as the seller.

 

[VARifleman]

There are only 2 things you have to worry about under 21 in NC when doing a private party pistol purchase.

1. You STILL need a pistol purchase permit, so if your sheriff says no, you're out of luck.

And the one that affects everyone everywhere...

2. You need to find a pistol that you want, from someone knowledgeable enough in the gun laws to understand that it's legal. It took me until I was almost 21 to get past this one, and I didn't have to worry about #1 because I live in VA.

 

[NonConformist]

You have to have that crap in NC too!

*** has this antion gone....I know about the 'normal suspects' Kali, NY/J Maryland etc, but NC???

 

[VARifleman]

1919 jim crow law is at fault. Still on the books and heralded by certain...politicians.

 

[Duke Junior]

1. You STILL need a pistol purchase permit, so if your sheriff says no, you're out of luck.

Good point Rifleman,but because NC State law allows 18 year old's to buy FTF private or by being gifted,very few Sheriffs in this State will deny,IMO.
But.....a valid point to bring up.
My money's on 1858rem getting his gun.
1858,please let us know how you made out.
NonConformist,NC is sometimes called the Mass.of the South.
We have far too many off limits areas and strange rules and as a result the Brady's think we are 13 from the top.
So we have a lot of work to do here.

 

[VARifleman]

Here in Wake County it has been reported to occur.

 

[Duke Junior]

Here in Wake County it has been reported to occur.

Well,Wake is pretty close to being Mass. so I can see that being a possibility!

 

[mnrivrat]

1. You STILL need a pistol purchase permit, so if your sheriff says no, you're out of luck.

To clarify :

Are you saying that a permit to purchase a handgun is required for person to person (non-FFL) sales in NC ?

 

[Duke Junior]

To clarify :

Are you saying that a permit to purchase a handgun is required for person to person (non-FFL) sales in NC ?

This unfortunately appears to be the case.See this Statute:

http://www.grnc.org/firearms.htm#requirements

B. North Carolina Requirements - (back to top) -

As previously stated, effective December 1, 1995, North Carolina's pistol permitting laws qualify as an alternative to the requirements of the Brady law. Therefore, when a person desires to purchase a handgun from a federally licensed dealer the person need comply solely with North Carolina's pistol permit laws and present a valid permit to purchase a handgun. As always, any other transfer between private individuals is also governed by North Carolina's Pistol permit laws.

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. 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.

 

[VARifleman]

Any handgun sale to a person who does not have an NC CCW.

 

[Duke Junior]

Any handgun sale to a person who does not have an NC CCW.

And in NC the minimum age for CCW is 21.
See why the Brady's have us ranked in their "top 13"?

 

[VARifleman]

You hadn't posted yet when I started to post that. I have gotten into heated arguments here in NC when I say that the laws here are worse than in VA. I still hold that it's true.

 

[Duke Junior]

You hadn't posted yet when I started to post that. I have gotten into heated arguments here in NC when I say that the laws here are worse than in VA. I still hold that it's true.

I beat you by 5 seconds!
No question,Virginia wins hands down.A few quirks but fewer off limits,more acceptable to OC,banks are OK,restaurants with alcohol OC'ing (quirky) are OK,no purchase permit needed and more.
Virginia is miles ahead.
No argument,my friend.

 

[mnrivrat]

Thanks Duke --- Wow , I didn't think state law there was that restrictive .

Then in order to be a legal owner of a handgun you would need to be not only 18, but would have to have a permit as well. That's not the case in most states that I'm aware of, and of course goes beyond federal law requirements. Good to know.

 

[VARifleman]

You need a permit to transfer a handgun, not to own and possess.

 

[Duke Junior]

Then in order to be a legal owner of a handgun you would need to be not only 18, but would have to have a permit as well. That's not the case in most states that I'm aware of, and of course goes beyond federal law requirements. Good to know.

mnrivrat quote

You need a permit to transfer a handgun, not to own and possess.

VARifleman quote

Right.min,read that last paragraph carefully:

"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. 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."

See the Catch-22 for the OP who at this moment in time neither owns or possesses a handgun?

 

[Judicator]

I got a funny story about minors and handguns: There was this kid I used to work with, name is withheld to protect the guilty, he was 19 or 20 at the time, and another guy sold him a .22 magnum derringer and a Taurus .357 magnum snubnose.

Well, within a couple months, this kid gets pulled over by a local cop for running a red light. The cop talks to him and somehow notices one of the handguns on the seat, I don't remember exactly how the story went on that point, it might have been in a carrying case or something.

Anyway, this cop finds both the handguns in the cab of this kid's pickup. And, of course, the kid has no CCW permit, because he's only 20. Cop goes into arrest mode, frisks him, slaps on the cuffs, etc. Interestingly enough, the cop's main concern was that the kid had the handguns and he was under 21, not so much that he was carrying concealed weapons in his car.

The kid knew Oregon law enough that he managed to convince the cop to check the regulations, and after some discussion, the cop realizes that the kid is correct. He decides to give him a brief lesson/lecture on how to correctly carry handguns so that it is not illegal, i.e., outside of the passenger area of the vehicle, and then lets him go.

The cop took the kids word for it that the handguns belonged to him, even though he had no bill of sale or receipt from the person he bought them from, and he most certainly did not get them from a gun shop. The cop also missed the ounce of pot the kid had in his hip pocket during the frisk. Kid drove away with a warning.