question about C&R and NC

[Piedmont Plinker]

In NC you have to apply to the sherriff to get a handgun permit, if you want to buy a handgun. Now (I think) if you have a CHL, you can use that instead, atleast at gun shows. If you have a C&R, does that allow you to purchase handguns of 50+years/list without said permit? Does it take he place of a handgun permit? Can you purchase unlimited amounts of handguns on it? Thanks in advance.

 

[Billy Sparks]

You can only purchase handguns that are on the C&R list. Realize that a gun being a 50 year old gun does not automatically put it on the C&R list.

 

[Piedmont Plinker]

But you can purchase C&R guns without the pistol permit?

 

[DMK]

If you have a C&R, does that allow you to purchase handguns of 50+years/list without said permit? Does it take he place of a handgun permit?

Technically, no. NC requires a pistol permit, approved by your local sheriff, for every pistol transfer. The law makes no distinction between buying from a dealer, a face to face private transfer, or a transfer to a C&R. But who are you going to give the permit to? The seller won't care or even know what it is unless they are in NC.

If you are concerned about it, get a CCL. A concealed carry licence holder does not need a permit to buy a pistol.

http://www.ncleg.net/EnactedLegislation/Statutes/HTML/BySection/Chapter_14/GS_14-402.html

§ 14‑402. Sale of certain weapons without permit forbidden.

(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol or crossbow unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

(b) This section does not apply to an antique firearm or an historic edged weapon.

(c) The following definitions apply in this section:

(1) Antique firearm. – Defined in G.S. 14‑409.11.

(2) Bolt. – A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.

(3) Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand‑held stock. This device is mechanically held at full or partial draw and released by a trigger or similar mechanism that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.

(4) Historic edged weapon. – Defined in G.S. 14‑409.12. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1.)

 

[DMK]

You can only purchase handguns that are on the C&R list. Realize that a gun being a 50 year old gun does not automatically put it on the C&R list.

I disagree with that. It has to be 50 years old or on the list. Otherwise, what is the reason for the 50 year old rule?

(Notice below the ATF does not say it has to be "on a list".)

http://www.atf.gov/firearms/curios/faq.htm

What is a firearm curio or relic?

Firearm curios or relics include firearms which have special value to collectors because they possess some qualities not ordinarily associated with firearms intended for sporting use or as offensive or defensive weapons. To be recognized as curios or relics, firearms must fall within one of the following categories:

1.) Have been manufactured at least 50 years prior to the current date, but not including replicas thereof; or
2.) Be certified by the curator of a municipal, state or Federal museum which exhibits firearms to be curios or relics of museum interest; or
3.) Derive a substantial part of their monetary value from the fact that they are novel, rare, bizarre, or from the fact of their association with some historical figure, period, or event.

[27 CFR 178.11]

Besides, even for newer than 50 year old firearms, the list is not all inclusive. There are many C&R guns that are not on the list. Take the CZ-82 for instance.

 

[boing]

How do type 01 FFL's take possesion of handguns from their distributors for their retail inventory? I've looked at the statutes for a 'dealer exemption' to the handgun permit requirement, but never found one.

 

[ulflyer]

I've bought old guns in N.C. with only a C&R. Guess neither of us knew that a permit was also required.

 

[retting]

"How do type 01 FFL's take possesion of handguns from their distributors for their retail inventory? I've looked at the statutes for a 'dealer exemption' to the handgun permit requirement, but never found one."

Permit not required for C&R transfer in NC....just as the above post states....01 and 03 FFL are exempt.....permit is just a background check....if BATF gives you the 03 FFL you passed the background check...same theory as purchasing handgun on CCW permit...background check, only done once every four years.

 

[DMK]

Permit not required for C&R transfer in NC....just as the above post states....01 and 03 FFL are exempt.....permit is just a background check....if BATF gives you the 03 FFL you passed the background check...same theory as purchasing handgun on CCW permit...background check, only done once every four years.

You're using logic for your argument. While it is logical that a redundant background check should not be necessary, the law does not indicate that. Logic and law often do not agree with each other.

The law was only recently amended to exclude CCL owners from needing a permit. Previous to that, a permit was required, CCL or not.

 

[DMK]

How do type 01 FFL's take possesion of handguns from their distributors for their retail inventory? I've looked at the statutes for a 'dealer exemption' to the handgun permit requirement, but never found one.

I've looked in vain for that exception as well. Obviously 01 FFLs (and Pawn shops)do not get permits for every handgun they purchase. I'd love to see the legal reason why it's not necessary. Perhaps it's an out for the 03 FFL as well.

 

[Lone_Gunman]

Realize that a gun being a 50 year old gun does not automatically put it on the C&R list.

As someone already pointed out, that is not correct. But this question keeps being raised time and time again. A gun has to be 50 yrs old, OR on the list.

 

[arjppj]

you can probably do it, i'm sure that the seller doesn't know NC law. Did you know that in NC you are not supposed to have a knive over 12 inches long shipped in from out of state....but how many bayonets for my C&R rifles have i had shipped to me?