Buying in another state 101

[neoncowboy]

I'm a Georgia resident.

I've found a decent deal on a used Kimber in NC and offered to come up and meet the seller to purchase it face to face. The seller is telling me:
' The only thing is that if I hand over the gun to
you, it remains registered in my name. In North Carolina, we must first obtain a gun permit from the Sheriff of the county in which we reside.
This gun was purchased from a respected gun shop through the permit process.
That means that it is "registered" to me federally. You do not have to have a North Carolina Handgun permit to purchase the gun from me. However, for the gun to legally be transferred, I must "check in" the gun to my FFL dealer then send via overnight carrier the gun to your FFL dealer. At that point, the gun is then "checked out" to you.'

Is that true?

I had no idea there was a federal registration or that NC residents had to have a permit to purchase handguns.

 

[carpettbaggerr]

The process is correct, but reasons are wrong. There's no federal registration [unless you want to argue about 4473's ], but you can't buy a handgun in another state.

The handgun has to be transferred to you via a FFL, though the seller could send the handgun himself. A FFL is required on the purchaser's end, but it's optional on the senders, however, many FFL's won't accept shipments from individuals.

And NC does requires a permit to buy handguns, but not to possess them.

 

[Hkmp5sd]

And it applies to ALL firearms (excluding black powder)...

You cannot buy a firearm directly from a non-licensee living in another state. At the minimum under federal law, it must go through a FFL in the buyer's state of residence.

 

[neoncowboy]

Good grief! Does that seem sort of overly restrictive to anyone else?

OK...so would it be sufficient to visit his friendly neighborhood FFL in Charlotte and pay the FFL to 'facilitate' the transaction?

 

[Nickotym]

no my friend, you must receive the gun from a FFL in your home state of GA. Crazy isn't it?

 

[junyor]

Related Thread?

Is this a related thread? I think the best way is to have him send to an FFL near you. You will need to talk to the FFL holder before you have the gun sent to make sure that they will accept shipment from an individual. Most gun stores do the transfer for around 20-30 bucks.

 

[neoncowboy]

Most gun stores do the transfer for around 20-30 bucks.

Which, when added to the cost of shipping, rasises the price enough that I might as well just buy one here in Georgia...I'm not saving any money after all that.

Sorry I'm new to this...but just sort of disappointed that it works this way. I didn't realize they had so many hoops we had to jump through to buy/own/sell guns.

Thanks for all your help.

Anyone got a CDP Pro for sell in Georgia?

 

[R.H. Lee]

In NC before you can purchase a handgun, you have to get a permission slip from the county sheriff???? Do I understand that correctly? What if he doesn't want to give you one??

 

[Doug Add]

NC Handgun purchase permit

Most sheriff's departments are not difficult to deal with (Mecklenburg I hear is an exception). However, a recently passed law states that a North Carolina concealed handgun permit suffices. No need to go through the local sheriff any longer. I used my CHP last purchase I made, and I still have a few purchase permits in my wallet.

 

[JohnMc]

The sheriff can't refuse to give you one a permit, if you're an upstanding citizen, but they can limit how many you can receive per year (minimum of 5 if you ask, mandated by the legislature, IIRC) and how many you can receive at a time.

The current Durham county sheriff limits it to two permits per application and five total per year, requiring 3 applications. His application also requires two notarized signatures of people that'll say you're upstanding. He also asks why you want to purchase a handgun on the form.

I've heard in either Orange county or the one west of it the sheriff publishes a list of handgun purchase permit recipients (name & address) in the local fish wrapper. This is brilliant, because it tells the unsavory where to steal from.

There is no registration of handguns in NC, except Durham county. It's a law that was enacted back in 1934, because the legislators in Raleigh feared that the black people in Durham, 20 or so miles from Raleigh, would run riot or some such nonsense. Durham is majority black, FYI. It's probably an unconstitutional law because it's racist and because it treats some NC residents differently (unequal protection) but it ain't going away.

JohnMc

 

[Shootcraps]

I never would have suspected North Carolina of being so much like the PRK. I thought southern states were much more conservative. I work with a resident of NC and the stories he was telling me of the entrapment that the police practice on the highways is appalling.

I've just added it to the list of states that I would not live in because of their draconian laws:

California
New Jersey
New York
Illinois
Maryland
Massaschusetts
North Carolina

 

[R.H. Lee]

That's even more restrictive than California, where we're limited to 'one handgun per month'.

 

[RoyG]

Depends on the County... In my county you can get 5 permits at a time. Use them up and go back and get 5 more. With the purchase permit the FFL just has you fill out the pretty yellow sheet, takes your money and ask if you need any ammo. The purchase permit takes the place of the NICs check since the Sheriff has already done it.

Don't want to get a handgun purcahse permit? Get you NC CHP. Takes the place of the purcahse permit and the NICs check. Fill out that pretty yellow sheet again, hand the nice man your money and leave with your gun. Nobody but you, him and the BATFE inspectors know you have a gun.

 

[BozemanMT]

edited to remove the post because i was flat wrong.

 

[Hkmp5sd]

Long guns (shot guns, rifles) are handled by the state and every state is different and you can buy them face to face depending on both state's laws.

Absolutely NOT.

§ 922. Unlawful acts

(a) It shall be unlawful --

(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph (A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State, (B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;

<snip>

(b)(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph (A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and (B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;

http://www.atf.gov/pub/fire-explo_pub/complete.htm

Non-licensees MUST use a FFL across state lines.

 

[BozemanMT]

You're right, I mis-read it. You can buy long guns from a dealer!!!! out of state.