nc pistol purchasing permit

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paintballdude902

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alright ive been trying to talk to my local sherriff on this

here in nc you need a pistol purchasing permit to do any pistol transfer its legal to be gifted a pistol at 18 but you have to get a permit for this. in my research i have found that no where in nc law it says you must be 21 to obtain a permit or to purchase a pistol but federal law requires you to be 21 to purchase a pistol from an FFL.


whats the deal?
so far the sherrif has just told me that he will look into it and get back to me on the subject. his lead investigator listened to what i had to say and just told me that i would have a good case if i had to go to court over it but thats it
 
Title I of the Federal Gun Control Act of 1968 says it's illegal for someone less than 18 to possess a rifle or shotgun, and someone less than 21 to possess a handgun. It's Federal law; no gettin' around it.

(PS: the way I learned this was by googling "federal law 21 pistol" and reading for about 2 minutes)
 
but all the laws ive read for nc say that its legal for a minor to posses a firearm for a lawfull purpose
 
ChristopherG said:
Title I of the Federal Gun Control Act of 1968 says it's illegal for someone less than 18 to possess a rifle or shotgun, and someone less than 21 to possess a handgun. It's Federal law; no gettin' around it.
Click to expand...

Really ChristopherG? How about if you post the actual Federal Law that you are referring to. Could it be this one:

18 USC 922 (x):
http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

(x)
(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun.
(2) It shall be unlawful for any person who is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use only in a handgun. [/QUOTE

OH, BUT WAIT!!!!!! There's more......

also 18 USC 922 (x)
(5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.
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Possession of a handgun, ChristopherG, is generally prohibited (with exceptions) for juveniles under the age of 18 years, not 21.

Federal law prohibits a minor, less than 21 years of age, from buying a handgun or ammunition for use in a handgun ONLY from FFLs. Federal law prohibits all other transfers and sales of handguns or ammunition for use in a handgun (with exceptions) to juveniles, those under 18 years of age.

SO, an 18 to 20 year old may receive a handgun as a gift (from anyone), AND an 18 to 20 year old may purchase a handgun in a private sale, AND an 18 to 20 year old may possess handguns - all in accordance with state laws. For instance, in Washington state an 18 to 20 year old may POSSESS a handgun, but they may not CARRY a handgun in public, as in for self defense.
Click to expand...
 
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Now, let's look at North Carolina law, shall we?

http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-315.html

§ 14‑315. Selling or giving weapons to minors.

(a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.

(a1) Sale of Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:

(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3) The handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:

(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.

(2) The person reasonably believed that the minor was not a minor.

(3) The person either:

a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or

b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age.
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And

http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.7.html

§ 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.
Click to expand...
 
thank you lt but what you say leaves me in the same place

ive read tons of nc laws and tons of federal laws on it and all i can find is that it is legal for me to be in possesion of a pistol but i cant buy one from a dealer and if i can get a permit and i can get a person that is willing to sell to me i am legal

but i must get the sherriff to issue me the permit
 
NavyLT:

+1

That is correct.

FFL:
handgun: 21
rifle: 18

Gift/Private Sale
handgun:18
rifle:18

Minors (under 18) can posses a firearm for practice and competition, if under the supervision of an adult. This is how it applies to NC as well. I hope the local sheriff KNOWS this, as it is one of the first gun laws that you learn as a deputy....
 
BTW,
http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-315.1.html

§ 14‑315.1. Storage of firearms to protect minors.

(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

(1) Possesses it in violation of G.S. 14‑269.2(b);

(2) Exhibits it in a public place in a careless, angry, or threatening manner;

(3) Causes personal injury or death with it not in self defense; or

(4) Uses it in the commission of a crime.

(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.

(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.

(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated.
Click to expand...
 
paintballdude902,

All you can do is apply to the sheriff for the permit. If he denies you, he has to give you a reason, and then you will have to appeal that reason in court.

This NC law was written to allow sheriff's to deny the rights of certain minorities to have the ability to arm themselves.

I am sorry that you live in a state with such messed up laws.
 
And don't do this in North Carolina either:

§ 14‑184. Fornication and adultery.

If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other.

OR

§ 14‑186. Opposite sexes occupying same bedroom at hotel for immoral purposes; falsely registering as husband and wife.

Any man and woman found occupying the same bedroom in any hotel, public inn or boardinghouse for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boardinghouse, shall be deemed guilty of a Class 2 misdemeanor.

No offense, but I certainly hope I never have to step foot in North Carolina.
 
yeah well the old permit laws are pretty much jim crowe laws

there has been recent action to rid of the permits

honestly i ahve a pistol that i take hunting and if i wasnt leaving in a week i would be pushing this alot harder but i really just want a solid answer from the sheriff and i will not persue it in court if he agrees to issue it to me heck im just gonna keep it pay the 5 bucks for it


this should be a fun way to kill my last week in town lol whose up for a rousing game of phone tag?


hey one nice thing we have is its legal for use to take our wives to the court house steps on sunday and beat them
 
Information posted in thread is correct, most 18-20yr olds who have access to handguns in NC are given them by their parents, bought face to face, or "loaned" to them by their parents. Just apply for the permit and see what happens, most the sheriffs in eastern NC are very gun friendly.
 
i have a situation involving the stupid nc system also.... i bought a pistol private party, they didnt ask for a permit or anything,....... i had seen them buy it from the dealer a week earlier, they decided 45 was not there thing, i bought it practically NIB.......

is there anything i need to do to be inline with the laws? i guess its probably still registered in there name but i dont know if that matters..... im 19 and want to get all this straight before i ever go shoot at a range other than my own back yard.
 
1858rem you need a permit, i just spent the last 2 hours trying to figure out the laws here and you have to get a permit no matter what.(fact)

edit: bad advice sorry

edit: also wrong

so how can i get a handgun legally if the sheriff wont give me a permit due to me not being 21.
both me and my dad live in nc and he would buy from a FFL dealer and ive been searching for the last 3 hours and cant get a clear answer.without going to court but if its my only choice ill do it)

also sorry for the thread jack.

i personally dont use the phrase "gun show loop hole" because its a buch of bull but i saw some thing like that phrased on another forum stating that i could do go to a state with the "gslh". if i had it my way gun laws would allow 18yr. old to buy a pistol from a FFL dealer and conceal carry at 18, but i can only hope and vote and look up all state and federal laws but its just to many to bet familiarized in a few hours.
 
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It is ILLEGAL to transfer ANY firearms between residents of two different states! "Gun show loopholes" and family gifts don't matter, if it is between residents of two different states, it is still against Federal law. "Contiguous states" don't matter either. The person receiving the gun commits a felony against 18 USC 922 (a)(3) and the person selling/gifting the gun commits a felony against 18 USC 922 (a)(5).

Transfer of ANY firearm between residents of two different states MUST go through an FFL.

Newgunmike,

Before giving advice such as going to a state with a "gun show loop hole" or going out of state to purchase a gun from your dad, you really should be familiar with the Gun Control Act of 1968.

BTW, there is no such thing as a "gun show loop hole". That is a myth made up by the anti-gun folks attempting to use propaganda to get people spun up - any person who believes in the American right to own firearms and protect themselves by carrying firearms should refrain from using that term.
 
well my issue was a same state deal, not outta state.

so do i need to get a pistol purchase permit for a pistol even though i already purchased the pistol privately without knowing i needed the permit?

this will be a pain.:(
 
Title I of the Federal Gun Control Act of 1968 says it's illegal for someone less than 18 to possess a rifle or shotgun, and someone less than 21 to possess a handgun. It's Federal law; no gettin' around it.

(PS: the way I learned this was by googling "federal law 21 pistol" and reading for about 2 minutes)
Click to expand...

This is incorrect. Federal law prohibits persons under age 18 from possessing handguns, and there is no minimum age for rifles and shotguns. The ages you posted only apply to purchasing those firearms from an FFL.

Google "Youth Handgun Safety Act"...local gun shops have pamphlets from the ATF on the counter that have this Act in print...specifically says:

(3) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18.


(4) A knowing violation of the prohibition against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is, under certain circumstances, punishable by up to 10 years in prison.
 
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