nc pistol purchasing permit

Discussion in 'Legal' started by paintballdude902, Aug 6, 2009.

Thread Status:
Not open for further replies.
  1. paintballdude902

    paintballdude902 Member

    Joined:
    Jun 30, 2007
    Messages:
    2,872
    alright ive been trying to talk to my local sherriff on this

    here in nc you need a pistol purchasing permit to do any pistol transfer its legal to be gifted a pistol at 18 but you have to get a permit for this. in my research i have found that no where in nc law it says you must be 21 to obtain a permit or to purchase a pistol but federal law requires you to be 21 to purchase a pistol from an FFL.


    whats the deal?
    so far the sherrif has just told me that he will look into it and get back to me on the subject. his lead investigator listened to what i had to say and just told me that i would have a good case if i had to go to court over it but thats it
     
  2. ChristopherG

    ChristopherG Member

    Joined:
    Jan 7, 2003
    Messages:
    1,933
    Location:
    Central WA
    Title I of the Federal Gun Control Act of 1968 says it's illegal for someone less than 18 to possess a rifle or shotgun, and someone less than 21 to possess a handgun. It's Federal law; no gettin' around it.

    (PS: the way I learned this was by googling "federal law 21 pistol" and reading for about 2 minutes)
     
  3. paintballdude902

    paintballdude902 Member

    Joined:
    Jun 30, 2007
    Messages:
    2,872
    but all the laws ive read for nc say that its legal for a minor to posses a firearm for a lawfull purpose
     
  4. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    Really ChristopherG? How about if you post the actual Federal Law that you are referring to. Could it be this one:

    18 USC 922 (x):
    http://www.law.cornell.edu/uscode/18/usc_sec_18_00000922----000-.html

     
    Last edited: Aug 7, 2009
  5. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    Now, let's look at North Carolina law, shall we?

    http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-315.html

    And

    http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-269.7.html

     
  6. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
  7. paintballdude902

    paintballdude902 Member

    Joined:
    Jun 30, 2007
    Messages:
    2,872
    thank you lt but what you say leaves me in the same place

    ive read tons of nc laws and tons of federal laws on it and all i can find is that it is legal for me to be in possesion of a pistol but i cant buy one from a dealer and if i can get a permit and i can get a person that is willing to sell to me i am legal

    but i must get the sherriff to issue me the permit
     
  8. AWorthyOpponent

    AWorthyOpponent Member

    Joined:
    May 15, 2009
    Messages:
    421
    Location:
    Florida, USA
    NavyLT:

    +1

    That is correct.

    FFL:
    handgun: 21
    rifle: 18

    Gift/Private Sale
    handgun:18
    rifle:18

    Minors (under 18) can posses a firearm for practice and competition, if under the supervision of an adult. This is how it applies to NC as well. I hope the local sheriff KNOWS this, as it is one of the first gun laws that you learn as a deputy....
     
  9. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    BTW,
    http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-315.1.html

     
  10. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    paintballdude902,

    All you can do is apply to the sheriff for the permit. If he denies you, he has to give you a reason, and then you will have to appeal that reason in court.

    This NC law was written to allow sheriff's to deny the rights of certain minorities to have the ability to arm themselves.

    I am sorry that you live in a state with such messed up laws.
     
  11. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    And don't do this in North Carolina either:

    § 14‑184. Fornication and adultery.

    If any man and woman, not being married to each other, shall lewdly and lasciviously associate, bed and cohabit together, they shall be guilty of a Class 2 misdemeanor: Provided, that the admissions or confessions of one shall not be received in evidence against the other.

    OR

    § 14‑186. Opposite sexes occupying same bedroom at hotel for immoral purposes; falsely registering as husband and wife.

    Any man and woman found occupying the same bedroom in any hotel, public inn or boardinghouse for any immoral purpose, or any man and woman falsely registering as, or otherwise representing themselves to be, husband and wife in any hotel, public inn or boardinghouse, shall be deemed guilty of a Class 2 misdemeanor.

    No offense, but I certainly hope I never have to step foot in North Carolina.
     
  12. paintballdude902

    paintballdude902 Member

    Joined:
    Jun 30, 2007
    Messages:
    2,872
    yeah well the old permit laws are pretty much jim crowe laws

    there has been recent action to rid of the permits

    honestly i ahve a pistol that i take hunting and if i wasnt leaving in a week i would be pushing this alot harder but i really just want a solid answer from the sheriff and i will not persue it in court if he agrees to issue it to me heck im just gonna keep it pay the 5 bucks for it


    this should be a fun way to kill my last week in town lol whose up for a rousing game of phone tag?


    hey one nice thing we have is its legal for use to take our wives to the court house steps on sunday and beat them
     
  13. c5_nc

    c5_nc Member

    Joined:
    Dec 11, 2008
    Messages:
    296
    Information posted in thread is correct, most 18-20yr olds who have access to handguns in NC are given them by their parents, bought face to face, or "loaned" to them by their parents. Just apply for the permit and see what happens, most the sheriffs in eastern NC are very gun friendly.
     
  14. cane

    cane Member

    Joined:
    May 29, 2004
    Messages:
    743
    Location:
    Colorado
    Except for "Big Ed" Brown in Onslow County, home of Camp Lejeune.
     
  15. newgunmike

    newgunmike Member

    Joined:
    May 21, 2009
    Messages:
    52
  16. paintballdude902

    paintballdude902 Member

    Joined:
    Jun 30, 2007
    Messages:
    2,872
    yup thats it
     
  17. 1858rem

    1858rem Member

    Joined:
    Aug 19, 2008
    Messages:
    1,235
    Location:
    in the sticks of nc
    i have a situation involving the stupid nc system also.... i bought a pistol private party, they didnt ask for a permit or anything,....... i had seen them buy it from the dealer a week earlier, they decided 45 was not there thing, i bought it practically NIB.......

    is there anything i need to do to be inline with the laws? i guess its probably still registered in there name but i dont know if that matters..... im 19 and want to get all this straight before i ever go shoot at a range other than my own back yard.
     
  18. newgunmike

    newgunmike Member

    Joined:
    May 21, 2009
    Messages:
    52
    1858rem you need a permit, i just spent the last 2 hours trying to figure out the laws here and you have to get a permit no matter what.(fact)

    edit: bad advice sorry

    edit: also wrong

    so how can i get a handgun legally if the sheriff wont give me a permit due to me not being 21.
    both me and my dad live in nc and he would buy from a FFL dealer and ive been searching for the last 3 hours and cant get a clear answer.without going to court but if its my only choice ill do it)

    also sorry for the thread jack.

    i personally dont use the phrase "gun show loop hole" because its a buch of bull but i saw some thing like that phrased on another forum stating that i could do go to a state with the "gslh". if i had it my way gun laws would allow 18yr. old to buy a pistol from a FFL dealer and conceal carry at 18, but i can only hope and vote and look up all state and federal laws but its just to many to bet familiarized in a few hours.
     
    Last edited: Aug 11, 2009
  19. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    It is ILLEGAL to transfer ANY firearms between residents of two different states! "Gun show loopholes" and family gifts don't matter, if it is between residents of two different states, it is still against Federal law. "Contiguous states" don't matter either. The person receiving the gun commits a felony against 18 USC 922 (a)(3) and the person selling/gifting the gun commits a felony against 18 USC 922 (a)(5).

    Transfer of ANY firearm between residents of two different states MUST go through an FFL.

    Newgunmike,

    Before giving advice such as going to a state with a "gun show loop hole" or going out of state to purchase a gun from your dad, you really should be familiar with the Gun Control Act of 1968.

    BTW, there is no such thing as a "gun show loop hole". That is a myth made up by the anti-gun folks attempting to use propaganda to get people spun up - any person who believes in the American right to own firearms and protect themselves by carrying firearms should refrain from using that term.
     
  20. 1858rem

    1858rem Member

    Joined:
    Aug 19, 2008
    Messages:
    1,235
    Location:
    in the sticks of nc
    well my issue was a same state deal, not outta state.

    so do i need to get a pistol purchase permit for a pistol even though i already purchased the pistol privately without knowing i needed the permit?

    this will be a pain.:(
     
  21. novaDAK

    novaDAK Member

    Joined:
    Apr 16, 2006
    Messages:
    1,030
    This is incorrect. Federal law prohibits persons under age 18 from possessing handguns, and there is no minimum age for rifles and shotguns. The ages you posted only apply to purchasing those firearms from an FFL.

    Google "Youth Handgun Safety Act"...local gun shops have pamphlets from the ATF on the counter that have this Act in print...specifically says:

    (3) Federal law prohibits, except in certain limited circumstances, anyone under 18 years of age from knowingly possessing a handgun, or any person from selling, delivering, or otherwise transferring a handgun to a person under 18.


    (4) A knowing violation of the prohibition against selling, delivering, or otherwise transferring a handgun to a person under the age of 18 is, under certain circumstances, punishable by up to 10 years in prison.
     
  22. NavyLCDR

    NavyLCDR member

    Joined:
    Dec 14, 2005
    Messages:
    7,691
    Location:
    Stanwood, WA
    ChristopherG was corrected on that when he posted. He just won't come back and say that he was wrong.
     
Thread Status:
Not open for further replies.
  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