Can a FL ccw holder, reciprocity in N.C., buy a handgun there?

Discussion in 'Legal' started by becket, Oct 26, 2021.

  1. becket

    becket Member

    Joined:
    Dec 25, 2006
    Messages:
    201
    Visiting NC from FL and wondering if I can buy a handgun from an FFL here for transport back to FL via car? Or can I buy and ship FFL to ffl? My ccw shares reciprocity if that matters.
     
  2. heyjoe

    heyjoe Member

    Joined:
    Nov 17, 2007
    Messages:
    395
    Location:
    New York
    you can buy a handgun in NC but it would have to be shipped to an FFL in Florida, which is your state of residence.
     
    AirForceShooter likes this.
  3. unclenunzie
    • Contributing Member

    unclenunzie Contributing Member

    Joined:
    Sep 6, 2009
    Messages:
    705
    Location:
    Texas.
    Right, handguns must be transferred in the transferee's state of residence. Your carry license has no bearing on this.
     
  4. becket

    becket Member

    Joined:
    Dec 25, 2006
    Messages:
    201
    Cool thx
     
  5. Frank Ettin

    Frank Ettin Moderator Staff Member

    Joined:
    Apr 29, 2006
    Messages:
    12,471
    Location:
    California - San Francisco Bay Area
    And that gives me a good opportunity to remind everyone about federal law on interstate transfers of firearms.

    1. Under federal law, any transfer of a gun (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. And a handgun must be transferred through an FFL in the transferee's State of residence. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.). There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

    2. In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.

    3. In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence. In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.

    4. There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.

    5. The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).

    6. Here's what the statutes say:
    7. Violation of these federal laws is punishable by up to five years in federal prison and/or a fine. It also results in a lifetime loss of gun rights.

    It doesn't.
     
    hso and danez71 like this.
  6. herrwalther

    herrwalther Member

    Joined:
    May 1, 2013
    Messages:
    6,827
    You can buy a handgun anywhere. But cannot take possession of said handgun outside your state of residence. If you had residency documentation for NC that would be a different story. Websites like Gallery of Guns, Gunbroker, Sportsman's guide can give you a list of FFL holders and about how much they charge for a transfer fee. Call a receiving FFL in Florida before buying to double check price and if they will do the transfer. That can save you from some headaches when getting it legally transferred to your home state.
     
    danez71 likes this.
  7. Craig_VA
    • Contributing Member

    Craig_VA Contributing Member

    Joined:
    Aug 18, 2007
    Messages:
    946
    Location:
    Arkansas
    Frank Ettin gave the long version. The short version is that the FFL you are buying from must ship it to an FFL in your home state. You cannot take possession in NC and ship it to an FFL in FL yourself.
     
  8. Tirod

    Tirod Member

    Joined:
    May 24, 2008
    Messages:
    5,292
    Location:
    SW MO
    Further, at some gun shows its questionable that you can transfer that gun from the local FFL to another FFL at the table next to him who is from your state, and then take the gun from him on the spot. I wouldn't even try.

    On the other hand - a tool discounter in a Branson mall picked up their FFL. They got a LOT of questions about it, and of course, every time stated that the handgun had to be shipped to an FFL in the visitors home state. In contrast, the customer could buy a Mossberg Shockwave out of the same display case and take it with them. The customers were obviously befuddled how they couldn't take the handgun but could take a "sawed off Shotgun" they considered barely legal. Much confusion ensued trying to explain that firearms law didn't make sense, it is what it is.

    The Shockwave then was less than $400 and I wish I had negotiated a deal with the spouse at the time. Oh well. Not in stock now anywhere.

    This question is once again of interest to many as there are now 16 million new gun owners in the last two years. And most are not "shooters" nor well versed in much of this at all. We need to keep patient as this isn't going away, and we have many allies to help educate.
     
    DoubleMag likes this.
  9. MedWheeler

    MedWheeler Member

    Joined:
    Jun 14, 2008
    Messages:
    7,981
    Location:
    SouthEastern FL
    Tirod writes:

    It appears you could...

    ...but..

    So, yes, it does appear that the visiting FFL (in this scenario) could transfer a firearm to a recipient who resides in the same state from which the FFL is but, in the case of a handgun, there is no legal provision for the recipient to bring it back to his home state without the use of a FFL.
     
  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice