Gun rights victory at NC General Assembly - Mar 15

beamernc said:
Law enforcement officers are not lawyers and often do not know actual laws. Watch out where you get "legal advice".
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You're always better off reading the laws yourself rather than asking the sheriff. They weren't elected for their reading ability.
 
Freedom777 said:
Well, I have been wrong before and I was wrong again. Thanks for the correction. It's irrelevant now and I'm glad it is. Thanks for the KIND kick in the butt. I appreciate it.
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Between this response and what NC just accomplished, I think it's going to be a good day.

#twoenthusiasticthumbsup
 
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With this new law, what is the process for a private sale? I have been looking into this but have not found any info on it.
 
AlWie said:
With this new law, what is the process for a private sale? I have been looking into this but have not found any info on it.
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For a private sale there is no longer a requirement for the buyer to have a Concealed Permit or a Pistol Purchase Permit prior to obtaining a handgun. Seller can not knowingly sell to a prohibited person the same way rifle and shotgun private sales have been in NC.
 
AlWie said:
With this new law, what is the process for a private sale? I have been looking into this but have not found any info on it.
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Have you ever done a private sale on a firearm that wasn’t a pistol? That’s exactly how pistols are now handled.

- the minimum age of 21 is for FFLs only, so anybody 18+ can buy handgun or long gun
- pistols can only be bought in your state of residence, whereas a long gun can be bought in any state…but since any firearm transaction that crosses state lines must go through an FFL, the PPP repeal doesn’t impact that situation
 
BigWaylon said:
Have you ever done a private sale on a firearm that wasn’t a pistol? That’s exactly how pistols are now handled.

- the minimum age of 21 is for FFLs only, so anybody 18+ can buy handgun or long gun
- pistols can only be bought in your state of residence, whereas a long gun can be bought in any state…but since any firearm transaction that crosses state lines must go through an FFL, the PPP repeal doesn’t impact that situation
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only sold pistols before, never a rifle in NC
 
AlWie said:
only sold pistols before, never a rifle in NC
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The buyer has to be 18, be a resident of NC, and not be a prohibited person for any reason.

The only law you as the seller has to follow is you can’t knowingly sell to a prohibited person. You may choose to ask for ID, but it’s not required. You could simply ask them if they’re legally allowed to take possession of the handgun in question. That puts it on them to be legal, in regards to age, residency, and any of the prohibited yes/no questions on a 4473.
 
As an FFL holder received the BATFE robo call this morning explaining the impact of the repeal of PPP on selling pistols. It was somewhere discussed if some folks would still ask to see a PPP as a method for determining good guy bad guy. Being that many dont expire for 5 years. As an FFL the answer is NO. The PPP is now worthless paper and doesnt mean a thing. In fact using one as a method of thinking your dealing with an eligible person is a no no. Use the same reasonable methods you would for determining good guy bad guy when you sell a rifle. Seeing a valid Conceal Carry permit is OK since the PPP repeal has nothing to do with CCP. Those may fall too but not yet. For commercial sales the 4473 now covers rifle and pistol the same according to BATFE
 
so how does this affect folks like me, who are unable to buy one because of a federal background check? are private sales still an option or does this only affect folks who would normally be able to purchase from an FFL?
 
kcult said:
What does this mean?
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i've made a post about it previously. in a nutshell i was a suicidal teen and was commited before the age of 18. thus i will not pass a federal background check even though it is nearly 30 years later. does this mean that i am allowed to buy a firearm from a private sale, or am i still just SOL
 
Bunker said:
so how does this affect folks like me, who are unable to buy one because of a federal background check? are private sales still an option or does this only affect folks who would normally be able to purchase from an FFL?
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IE: Going to fail a 4473 check??
I would think private sales are also out.
 
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Bunker said:
i've made a post about it previously. in a nutshell i was a suicidal teen and was commited before the age of 18. thus i will not pass a federal background check even though it is nearly 30 years later. does this mean that i am allowed to buy a firearm from a private sale, or am i still just SOL
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Were you able to get a PPP or CHP?
 
Bunker said:
in the past i've been able to get a PPP but i am no longer able to do so. I own one firearm i've purchased with a permit, but i'm not sure if i can get a CHP or not.
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I don’t know how it would have been possible to get a PPP if you could not pass a federal background check, since they are supposed to run a check as part of the application process. Something doesn’t smell right about this.

So, how were you able to buy your AR?
 
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Toprudder said:
I don’t know how it would have been possible to get a PPP if you could not pass a federal background check, since they are supposed to run a check as part of the application process. Something doesn’t smell right about this.

So, how were you able to buy your AR?
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Okay, the first time i applied for a PPP was before sandy hook. for some reason it passed and i assumed i was able to buy a firearm. so i went ahead and purchased my EAA witness. my AR was purchased in a private sale not long afterwards. Sandy hook happened and i didn't think anything about it, but the next time i went to purchase a pistol permit it came back as a negative, stating mental health reasons. the only place i've had a commitment that wasn't voluntary was in new jersey back in the 90's, while i was still a teen.
To be straight, i'm not trying to circumvent any laws, just wanting to know if things have changed for me recently.
 
Bunker said:
Okay, the first time i applied for a PPP was before sandy hook. for some reason it passed and i assumed i was able to buy a firearm. so i went ahead and purchased my EAA witness. my AR was purchased in a private sale not long afterwards. Sandy hook happened and i didn't think anything about it, but the next time i went to purchase a pistol permit it came back as a negative, stating mental health reasons. the only place i've had a commitment that wasn't voluntary was in new jersey back in the 90's, while i was still a teen.
To be straight, i'm not trying to circumvent any laws, just wanting to know if things have changed for me recently.
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No idea of the time or monetary effort it would take, I would hope a simple call to the right department would suffice. Yet bureaucracy is involved...

So you should at least be able to find legal counsel and seek to have that restriction expunged as it was so long ago with no issues since. I expect you've been "lost in the abyss" of government so effort is required (what bs that is but no surprise) to legally enjoy the hobby of shooting sports
 
You can contest a denial for a CHP, seems like a mental health check from a licensed professional would fix it.

Or have the information expunged but that takes quite a while. Coworker just did it for a pre 18 crime in NC. Took about 7 months from start to finish. He was born in 1960 and has had a clean record since 17, courts were happy to expunge a very old crime for an army veteran ymmv.
 
Let's muddy the water some more lol...

A PPP could previously be used to purchase both pistols and long guns from individuals and FFLs as it had been determined to meet the requirements set by the Brady Bill.

So would a previously issued non expired PPP still be valid to purchase with? Not saying it should be required or anything like that just that one could still be used to meet the requirement of the Brady Bill....yes I know any FFL is still going to ask for the 4473 to be filled out.

I don't see how the BATFE could say a non expired/ revoked PPP doesn't meet the requirements....but alas they do seem to make up law as they go so.....
 
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Mike79 said:
Let's muddy the water some more lol...

A PPP could previously be used to purchase both pistols and long guns from individuals and FFLs as it had been determined to meet the requirements set by the Brady Bill.

So would a previously issued non expired PPP still be valid to purchase with? Not saying it should be required or anything like that just that one could still be used to meet the requirement of the Brady Bill....yes I know any FFL is still going to ask for the 4473 to be filled out.

I don't see how the BATFE could say a non expired/ revoked PPP doesn't meet the requirements....but alas they do seem to make up law as they go so.....
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As I understand it all PPP are now VOID. Laws were repealed so it’s like they never existed. They can no longer be used in place of a NICS check. There was something posted here (I believe the text was from the atf) stating such.
 
Bunker said:
Okay, the first time i applied for a PPP was before sandy hook. for some reason it passed and i assumed i was able to buy a firearm. so i went ahead and purchased my EAA witness. my AR was purchased in a private sale not long afterwards. Sandy hook happened and i didn't think anything about it, but the next time i went to purchase a pistol permit it came back as a negative, stating mental health reasons. the only place i've had a commitment that wasn't voluntary was in new jersey back in the 90's, while i was still a teen.
To be straight, i'm not trying to circumvent any laws, just wanting to know if things have changed for me recently.
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I had a good friend get his record expunged after serving several years in prison during his teen years. He did this in his thirties. The trick is to find an attorney who has knowledge in the area.
 
tanstaafl72555 said:
Look. YOU WILL NOT FIND A MORE SKEPTICAL AND CYNICAL PERSON IN THIS FORUM about politicians, to the point that I have infuriated several good guys with my hateful spew about the "good guys" in this cage fight. (I figure the leftists are such scum they don't need to be addressed)
That said, I do have some respect for Allen Chesser, the sponsor, and general tactician for this bill. I don't think he is perfect, but he is principled. He is NOT the kind of simpwimp who is plotting on how to use this for money raising, but is lining up promised (!... yeah, I know) support, and arranging scheduling and encouraging the crap out of potential defectors with reminders of stuff like it is Coopers last tango, the state is moving "red," and if there is one "red" issue that is popular with the overall populace, it is gun rights (it is even more popular than the right to life movement).
I have a deep deep despair about the overall level of political corruption in the culture, but that does not make me say "nothing can ever be done."
This one may still work.
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Well one thing I can tell you is that if you or anyone else is waiting to find the "perfect" politician to vote for you will waiting a long time.

It is about the same as looking for a perfect church with a perfect preacher.
 
i guess i missed who was asking about mental health, and i don't feel like scrolling up to look.
After it came out that so many of these recent shooters should have been prohibited persons but agencies were not reporting names to the NICS, there has been a big push in the last few years to get that fixed. There's a chance you were not on the denial list back then, but got put on it more recently.
I believe if you were committed in a different state, you'd have to fight it in that state to get it taken care of.
www.newjerseygunlawyers.com

Mental Health Rules on Firearms New Jersey | Medical Records Check for Gun NJ

Our lawyers can help if medical records of a mental disorder, institutionalization, or disease are preventing you from obtaining a firearm in New Jersey.
www.newjerseygunlawyers.com www.newjerseygunlawyers.com
no association with them or any other nj lawyers, but it was the first one i saw pop up in my search
 
hp468 said:
As I understand it all PPP are now VOID. Laws were repealed so it’s like they never existed. They can no longer be used in place of a NICS check. There was something posted here (I believe the text was from the atf) stating such.
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I agree, they should be void when it comes to FFL sales. However, I could see an argument for still using one for a private sale if the seller prefers.
 
Toprudder said:
I agree, they should be void when it comes to FFL sales. However, I could see an argument for still using one for a private sale if the seller prefers.
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Sure, I suppose someone could as to see one of it helps their feelings. Kinda silly IMO as it drastically shrinks your clientele now.
 
Doing away with pistol permits I feel is a conflicted situation. NICS has been flagging individuals at incredible rates which puts you on a hold. Your large dealers mostly don't follow the brady laws which allows them to sale to an individual after 3 days on hold but large dealers won't sale until there is an answer of yes or no. But because of the Brady Law the NICS states that after 3 days they essentially quit looking at the application. So the pistol permit was a way around NICS gun control because you could use it to buy a long gun or pistol. Only option now if you get flagged is to apply foe a UPIN and that takes 6 months or more.

I know that is a moot point for us Concealed carriers but I think it is a point to mention for those who are not.
 
Toprudder said:
I agree, they should be void when it comes to FFL sales. However, I could see an argument for still using one for a private sale if the seller prefers.
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SEND ME A COPY FOR THAT NAGANT, DAMMIT! :)
 
Bunker said:
i've made a post about it previously. in a nutshell i was a suicidal teen and was commited before the age of 18. thus i will not pass a federal background check even though it is nearly 30 years later. does this mean that i am allowed to buy a firearm from a private sale, or am i still just SOL
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Still screwed.
 
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