Going through an FFL for local sale (plus question about permits)

Discussion in 'Legal' started by Snowdog, Mar 24, 2021.

  1. Snowdog

    Snowdog Member

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    A buddy of mine as agreed to trade my DWM Luger and RIA 1911 for his low-miles Suzuki C50 Boulevard.
    We both work for the same employer that require annual background checks as a condition of employment, so I'm quite certain there's nothing preventing him from owning a firearm (and he already owns several).

    However, I'm also aware I can't simply hand him the pistols without us both jumping through a few hoops.

    I believe North Carolina (in which we are both residents of) requires a pistol permit even for private sales not involving an FFL, so I will require this for certain as a condition for the trade.

    Here are my 3 questions regarding this trade:

    1) Is there any real benefit of going through an FFL? There's a local pawn shop that I use frequently and I'm sure they would assist with a transfer from me to them and from them to my coworker provided I shell out the $20 transfer fees for both.

    2) I haven't obtained a handgun permit since 1997 when I obtained my CCW after turning 21 and renewed since then. I believe back then there was a 1 to 2 week turn-around time, a $5 fee and the permit allowed for the purchase of 1 handgun within 6 months.
    From what I'm seeing online, it appears the above conditions have changed.
    Will he still require 2 permits, one each for the 1911 and Luger or will one permit allow for the purchase of both?

    3) In addition, I have a C&R FFL and the Luger has been registered into my log book (and I indeed used my C&R to purchase it). I doubt this makes a difference other than requiring me to obtain my FFLs information for the disposition section. However, if we decided to not include an FFL for the transfer, will the pistol permit obtained from the Sheriff department suffice for the transfer of the C&R Luger (with the coworker's information listed in the disposition section)?

    Thanks in advance for any advice, information and suggestions concerning this trade!
     
  2. DocRock

    DocRock Member

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    My understanding of NC law is that al! Transfers must be completed through an FFL and that a unique Pistol Purchase Permit must be presented by the buyer for each handgun that that buyer intends to purchase. It may be negotiated between buyer and seller the extent to which each party bears the cost of an FFL transfer, but the FFL collects from the buyer.

    https://www.nraila.org/gun-laws/state-gun-laws/north-carolina/
     
  3. Snowdog

    Snowdog Member

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    See, this is why I ask these questions. I was under the impression the requirement of going through an FFL was only if were not residents of North Carolina.
     
  4. Rule3

    Rule3 Member

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    https://www.usconcealedcarry.com/resources/ccw_reciprocity_map/nc-gun-laws/#permit_app

    In order to buy a handgun from a private individual or dealer, the buyer will need either a pistol purchase permit or a concealed handgun permit. Purchase permit applications include a question regarding the reason for acquiring the permit, such as protection or collecting and may take up to 30 days to process. There is no firearms registry in the state. Only residents are allowed to purchase handguns.

    Then read the process of getting a permit (for the buyer)
     
  5. DMK

    DMK Member

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    OP, I live in NC and have made many face to face purchases (pretty sure I bought a gun from you once). There is no requirement to go through an FFL if both buyer and seller are NC residents (Oh no, gun show loophole!!! :barf:). With NC's pistol permit requirement, there isn't even any benefit.

    If the buyer has a valid concealed handgun permit, that will suffice for the pistol permit background check requirement. If not, the buyer will need to go to the sheriff's office and purchase one. The SO will do a background check and that will verify that the buyer is not a felon or otherwise prohibited person.

    Keep in mind that either way the buyer will need a pistol permit for each gun purchased (unless they have a valid CHP). They give them to either you for a face to face sale or the dealer FFL if you do a transfer.

    You should be able to get more than one permit at a time. I've gotten three at once.

    The timeframe and process for a pistol purchase permit varies from county to county. What my process would be for getting one may not be the same as yours. Some doing very quickly, some take considerably longer. It is not a fair system and an anti-gun sheriff may definitely be a factor.

    Contact your sheriff's office for details on obtaining the pistol permits.

    https://ncdoj.gov/download/98/concealed-carry-handgun/16346/firearms-publication-november-2018

    Regarding the C&R bound book entry, since it is a face-to-face transfer, just enter the buyers name and address. A copy of their driver's license for your records would be a good idea. I always got one if they didn't have an FFL. If you do transfer through a dealer FFL, then use the FFLs info, including their FFL#. You do not enter the buyer's info, the dealer FFL does.
     
    Last edited: Mar 24, 2021
  6. Snowdog

    Snowdog Member

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    Good memory being that was nearly 20 years ago. A Norinco SKS model M was it?

    That's what I was looking for folks, thanks!
     
  7. DMK

    DMK Member

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    Yes, that's right. I still have it in fact. :)

    Good luck with your trade.
     
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