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NC Pistol Permit Question

Discussion in 'Legal' started by jcs77, Nov 28, 2006.

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  1. jcs77

    jcs77 Member

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    I was looking at the requirements for getting a pistol permit on the mecklenburg county sheriff's office and it said that there is a minimum age of 21. I sure hope this is a mistake. After checking the NC firearms laws, I confirmed my belief that the age for legal possession of a handgun in nc is 18. So I can legally buy a handgun from an individual by state law, but I can't own it legally in my county?

    I'm 19 and and after shooting rifles and shotguns for the past 7 years, I would like to get a handgun. Is there anyone that can weigh in on this?
    I'll call the sheriff's office to bring this up tommorrow.
     
  2. tubeshooter

    tubeshooter Member

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    I am in NC. It's 21 for handguns, I'm 99% sure, but feel free to check like you were going to anyway.
     
  3. SamTuckerMTNMAN

    SamTuckerMTNMAN Member

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    ditto

    my understanding is 18 rifle, ammo, 21 handgun...

    st

    ps - ever up in the mountains give me a shout we can shoot or hang out in the woods...
     
  4. jcs77

    jcs77 Member

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    It is my understanding that it is 21 to buy a handgun from an FFL licensed dealer, but 18 to buy from an individual. Here's a quote from the NC Firearms Laws:

    "North Carolina law does not currently address specific age requirements for the
    purchase of weapons. Rather, they look to the federal standards for such restrictions. Under federal law, at 18 U.S.C. § 922(b)(1), federally licensed gun dealers are prohibited from selling handguns to persons under the age of 21. Further, all other purchasers of shotguns and rifles are required to be at least 18 years old. North Carolina General Statute § 14-269.7 provides that it is a misdemeanor for any person under the age of 18 to possess or carry a handgun."

    Also:

    "This statute further provides that it is a Class H felony for a person to sell, offer for
    sale, give, or in any way transfer to a person less than 18 years of age any handgun as
    defined in G.S. § 14-269.7."

    Is my interpretation correct?
     
    Last edited: Nov 28, 2006
  5. Waitone

    Waitone Member

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    I've never heard of anyone purchasing a handgun who was less than 21. NC gun laws are in a class by themselves. Don't assume you can read the law and come to the correct conclusion. Call a gunshop and ask what they think. Mecklenburg County Sheriff has his act put together and is highly regarded throughout the state and nation. I would trust his office to give you the straight skinny.
     
  6. fletcher

    fletcher Member

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    It is 21 to purchase from an individual or dealer in NC. Individual transfers require a pistol purchase permit or CCW permit, both of which require the individual to be 21.

    However, you can possess a handgun at 18, as long as it's not yours. The pistol must be purchased by someone else, and is "on loan" for your use, which could be a couple years.
     
  7. jcs77

    jcs77 Member

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    Thanks for the replies. It looks like I'll have to get my handguns for the next couple of years as gifts. I feel like I'm being treated as a second class citizen, if you know what I mean.:fire:

    Just found this on the Department of Justice website:
    "Young people between the ages of 18 and 21 may still buy handguns from non-licensed sellers in the secondary market, and there are no age restrictions on the transfer of rifles and shotguns by non-licensed sellers."
     
    Last edited: Nov 29, 2006
  8. jcs77

    jcs77 Member

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    I just talked to the Mecklenburg County Sheriff's Office. I told the lady that answered that someone would like to give me a gift of a handgun. I asked her if I would need a handgun purchase permit to receive the gift, she said yes. When asked the age to get the permit, she answered 21 and it was a NC law.

    I have searched through every NC law pertaining to firearms that I could find and nowhere did I find a minimum age requirement of 21. Anybody have this statute somewhere? I have found a couple of places saying that the legal age of possession is 18, but nowhere stating that to get a purchase permit, you have to be 21.


    From the NC DOJ website:

    "North Carolina law does not currently address specific age requirements for the
    purchase of weapons. Rather, they look to the federal standards for such restrictions.
    Under federal law, at 18 U.S.C. § 922(b)(1), federally licensed gun dealers are prohibited
    from selling handguns to persons under the age of 21. Further, all other purchasers of
    shotguns and rifles are required to be at least 18 years old.
    North Carolina General Statute § 14-269.7 provides that it is a misdemeanor for any
    person under the age of 18 to possess or carry a handgun.

    Am I right in believing that the sheriff is infringing on my rights? In NC, I have to have a handgun permit for any handgun in my possession, which I can possess legally at the age of 18. But, my sheriff says that to get a permit, I have to be 21.

    What's up with that!?
     
    Last edited: Nov 29, 2006
  9. Waitone

    Waitone Member

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    The sharpest bunch I've found in CLT on gun law is Firepower in Matthews. They're good people and they know their stuff.
     
  10. jcs77

    jcs77 Member

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    Thanks for the tip. I'll go see them this week.
     
  11. 'Card

    'Card Member

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    Your problem here is that in order to purchase or receive a handgun in North Carolina, you have to get a pistol permit from the county sheriff of the county you live in. The county sheriff gets to set pretty much whatever requirements he wants before issuing you the permit.

    So in this case, even though North Carolina says you have to be 18 before you can own a handgun, if the Mecklenburg sheriff says he won't give you a permit for one until you're 21, then you can't legally own a handgun until you're 21. In this matter, county law supercedes state law.

    I ramble about it whenever this subject comes up, but the county permit requirement in an otherwise gun-friendly state really ticks me off. See, those laws are holdovers from the Jim Crow days, and were designed to give white sheriffs a legal way to keep blacks from owning a handgun. In many counties, the sheriff doesn't even have to give you a reason if they deny you - in Johnston county for example, the requirement is that you be of "good moral character".

    During the Jim Crow era, it wasn't uncommon for the county sheriff to double as the local Grand Poobah of the Klan, so you can see why they'd have an interest in keeping blacks from owning guns. Lynching parties are a hell of a lot less fun when your intended victim blows a few holes in Luther and Cletus before you get him strung up.
     
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