FTF Handgun Sales in NC

[ryanl]

I have sold and bought quite a few handguns. However, all transactions have been ffl-ffl through the mail. So heres my question, In NC i know to sell a handgun to another individual they have to possess a purchase permit or CCW for the state of NC. But since North Carolina does not require any paperwork or records to be kept in these transactions would i have to collect the purchase permit from the individual? Or just see it and check it with the name and address on their ID? Only reason I ask is that im not much into keeping records on other gun owners, and if i dont have to take their purchase permit i would rather not. I know in my county the sheriff will only usually issue 3 a year.

 

[NetJunkie]

Taken from here:

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


H. IF I BUY A HANDGUN FROM AN INDIVIDUAL WHOM I HAVE KNOWN FOR A NUMBER
OF YEARS AND WHO DOES NOT HAVE A CRIMINAL RECORD, DO I STILL NEED A
PERMIT?
ANSWER: Yes. North Carolina General Statute § 14-402 does not
make any exception for the receipt or purchase of a
handgun from a private individual as opposed to a
firearms dealer. Therefore, a pistol purchase or North
Carolina concealed carry permit is necessary before the
transfer of any handgun can take place.

They don't specify how long you are to retain the information as a non-dealer. This is the only mention in the statutes:

§ 14‑406. Dealer to keep record of sales.

Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State. (1919, c. 197, s. 5; C.S., s. 5110; 1987, c. 115, s. 1.)

 

[EvilAerosolCan]

You're supposed to keep a copy of the permit. I haven't seen anything about how long you're supposed to keep it for. However, it is the only paperwork needed for a private sell. As a seller you will have the only copy, unless the buyer keeps a copy for himself (but he doesn't need to).

Edit:NetJunkie beat me to it.

 

[NetJunkie]

Double.

 

[ryanl]

(B16) What record-keeping procedures should be followed when two private individuals want to engage in a firearms transaction? [Back]

When a transaction takes place between private (unlicensed) persons who reside in the same State, the Gun Control Act (GCA) does not require any record keeping. A private person may sell a firearm to another private individual in his or her State of residence and, similarly, a private individual may buy a firearm from another private person who resides in the same State. It is not necessary under Federal law for a Federal firearms licensee (FFL) to assist in the sale or transfer when the buyer and seller are "same-State" residents. Of course, the transferor/seller may not knowingly transfer a firearm to someone who falls within any of the categories of prohibited persons contained in the GCA. See 18 U.S. C. §§ 922(g) and (n). However, as stated above, there are no GCA-required records to be completed by either party to the transfer.


This is taken from the ATF website. I understand one must have a purchase permit to recieve a handgun even from an individual. But me keeping it would be "keeping a record of the transaction" am i wrong?

 

[EvilAerosolCan]

As far as the feds are concerned you don't need to keep records. NC state law says the seller needs to keep a copy of the permit. That means you won't get in trouble with the feds, but you can get in trouble with the state for not keeping the permit.