Pistol permit in a private sale

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Packman

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Talking with a buddy and there is some grey area. In a private sale is the pistol permit to be taken by the seller from the purchaser? Or can the seller simply look at the permit and sell an individual a gun? I was under the impression you had to take the permit and keep it for your records but I could not find that as law on the DOJ website


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No giving anyone a permit
Not signing a bill of sale
Not giving anyone a copy of my Concealed permit
Not giving anyone a copy of my license.

Buy guns all the time from folks who don’t feel the need to keep my private info. The law doesn’t require it. If your “records” require it, maybe we should go to an FFL and do a transfer there where at least someone who is legal to store peoples info can do so.

I’m not paying for the transfer either :D
 
JohnFreeman said:
If you really want to play NC Sheriff Dept Field Agent....
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I'm just making a suggestion that avoids the retention of private information and will make you comfortable that you are not aiding and abetting a future or current felony.

If a person isn't willing to write void on it then I would assume that they want to "re-use" the permit. Seems sketchy to me, like a sign that they are not honest people.

Aren't you acting as a "king's agent" by even requiring a CHP or PPP for your handgun sale?
 
I am simply asking for legal purposes as I do not want to break the law (which I would imagine none of you do as well). If you do not LEGALLY have to take the permit that is fine by me and I never will again. I also won't be giving my permits up anymore either. I guess I should have clarified that I wasn't asking so much for opinions, more so any real laws that could be pointed out that require a permit to be kept or if a person just has to show it. As I mentioned the DOJ never explicitly says if the permit has to be taken or not. I guess I assumed you had to take it and that is kind of the point of getting 5 or so pistol permits at a time as opposed to only getting 1 permit that allowed you to buy as many handguns as you want like a CHP


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The law is very clear, it is one permit for one pistol. If the purchaser uses that one permit for multiple private sales or uses it at an ffl after usiing it for a private sale they are violating the law. Whether or not you aggree with ppp law it is the law.

This is on the purchaser to follow the law not the seller.
 
TSConver said:
The law is very clear, it is one permit for one pistol. If the purchaser uses that one permit for multiple private sales or uses it at an ffl after usiing it for a private sale they are violating the law. Whether or not you aggree with ppp law it is the law.

This is on the purchaser to follow the law not the seller.
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Now this is interesting and what I am looking for. Is this in the DOJ laws? I may have missed it.


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Somebody needs to post the statute.
 
§ 14-403. Permit issued by sheriff; form of permit; expiration of permit.

The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation in any county a permit to purchase or receive any weapon mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the weapon. The permit shall expire five years from the date of issuance. The permit shall be a standard form created by the State Bureau of Investigation in consultation with the North Carolina Sheriffs' Association, shall be of a uniform size and material, and shall be designed with security features intended to minimize the ability to counterfeit or replicate the permit and shall be set forth as follows:

North Carolina,

________ County.

I, ________, Sheriff of said County, do hereby certify that I have conducted a criminal background check of the applicant, ________ whose place of residence is ________ in ________ (or) in ________ Township, ________ County, North Carolina, and have received no information to indicate that it would be a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a permit is issued to ________ to purchase one pistol from any person, firm or corporation authorized to dispose of the same.

This permit expires five years from its date of issuance.

This __ day of ______, ____.



Sheriff.

The standard permit created by this section shall be used statewide by the sheriffs of any and all counties and, when issued by a sheriff, shall also contain an embossed seal unique to the office of the issuing sheriff. (1919, c. 197, s. 2; C.S., s. 5107; 1959, c. 1073, s. 2; 1981 (Reg. Sess., 1982), c. 1395, s. 3; 1995, c. 487, s. 1; 1999-456, s. 59; 2013-369, s. 17.1; 2015-195, s. 10(a).)
 
Pistol Purchase Permit

Pursuant to North Carolina Statute 14-402, it is unlawful for any person, firm, or corporation to sell, give away, or transfer, or to purchase or receive, any pistol without either a Pistol Purchase Permit or a North Carolina concealed handgun permit held by a resident of the State at the time of the purchase.
A license or permit must be obtained to purchase, sell, give away, transfer, inherit, or receive a handgun by applying to the county sheriff in which the purchase is to be made or where the receiver resides. A purchase permit is good for five years from the date of issue. Antique firearms are exempted. The sheriff shall issue such license or permit to a resident of that county, unless the purpose of the license or permit is for collecting, in which case a license or permit may be issued to a nonresident.

When the sheriff shall have fully satisfied himself as to the good moral character of the applicant, the applicant has successfully completed a criminal history check, and that the applicant desires the possession of the handgun for the protection of the home, business, person, family or property, target shooting, collecting, or hunting, such permit or license shall be issued.

For good cause shown, a license or permit may be denied, and within seven (7) days of such refusal a written statement of the reason shall be issued to the applicant. Each applicant for any such license or permit shall be informed within thirty (30) days of the date of such application whether such license or permit shall be granted or denied, and, if granted, such license or permit shall be immediately issued to said applicant. A permit or license may not be issued to a person:

  • who is under indictment or who has been convicted of a felony except that if a person has been later pardoned or is not prohibited from purchasing a firearm under the Felony Act, he may obtain a permit or license;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to a drug;
  • who has been adjudicated mentally incompetent or has been committed to any mental institution;
  • who is dishonorably discharged from the military;
  • who has renounced his or her citizenship; or
  • who is under a court restraining order for harassing, stalking, threatening an intimate partner or a child.
A permit is valid for the purchase of only one handgun. To obtain another handgun, an applicant must procure another permit and must convince the issuing authority that he needs more than one handgun.
 
I love these threads
 
Wasn't looking to start an argument. I guess what I gather from all of this is legally NO I do not need to keep the permit, only verify purchaser has one. On top of that legally the purchaser cannot legally (although it would be tough to catch them) use that permit to buy another pistol.


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Packman said:
Wasn't looking to start an argument. I guess what I gather from all of this is legally NO I do not need to keep the permit, only verify purchaser has one. On top of that legally the purchaser cannot legally (although it would be tough to catch them) use that permit to buy another pistol.
Click to expand...

You Nailed it!!!

BTW we're not arguing this is just the way we talk to each other...unless it's about a BOS or nanner puddin' or .45 vs 9mm
 
(popcorn emoticon)
 
TSConver said:
Pistol Purchase Permit

Pursuant to North Carolina Statute 14-402, it is unlawful for any person, firm, or corporation to sell, give away, or transfer, or to purchase or receive, any pistol without either a Pistol Purchase Permit or a North Carolina concealed handgun permit held by a resident of the State at the time of the purchase.
A license or permit must be obtained to purchase, sell, give away, transfer, inherit, or receive a handgun by applying to the county sheriff in which the purchase is to be made or where the receiver resides. A purchase permit is good for five years from the date of issue. Antique firearms are exempted. The sheriff shall issue such license or permit to a resident of that county, unless the purpose of the license or permit is for collecting, in which case a license or permit may be issued to a nonresident.

When the sheriff shall have fully satisfied himself as to the good moral character of the applicant, the applicant has successfully completed a criminal history check, and that the applicant desires the possession of the handgun for the protection of the home, business, person, family or property, target shooting, collecting, or hunting, such permit or license shall be issued.

For good cause shown, a license or permit may be denied, and within seven (7) days of such refusal a written statement of the reason shall be issued to the applicant. Each applicant for any such license or permit shall be informed within thirty (30) days of the date of such application whether such license or permit shall be granted or denied, and, if granted, such license or permit shall be immediately issued to said applicant. A permit or license may not be issued to a person:

  • who is under indictment or who has been convicted of a felony except that if a person has been later pardoned or is not prohibited from purchasing a firearm under the Felony Act, he may obtain a permit or license;
  • who is a fugitive from justice;
  • who is an unlawful user of or addicted to a drug;
  • who has been adjudicated mentally incompetent or has been committed to any mental institution;
  • who is dishonorably discharged from the military;
  • who has renounced his or her citizenship; or
  • who is under a court restraining order for harassing, stalking, threatening an intimate partner or a child.
A permit is valid for the purchase of only one handgun. To obtain another handgun, an applicant must procure another permit and must convince the issuing authority that he needs more than one handgun.
Click to expand...
Is this statute, or Roy Cooper's interpretation? Not a challenge, but all this text isn't in 14-402.
 
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vp9c said:
You Nailed it!!!

BTW we're not arguing this is just the way we talk to each other...unless it's about a BOS or nanner puddin' or .45 vs 9mm
Click to expand...

Glock >1911
 
fieldgrade said:
Is this statute, or Roy Cooper's interpretation? Not a challenge, but all this text isn't in 14-402.
Click to expand...

The statute is listed. It is off of a gun site not sheriff site.

Does not matter the text on the permit is clear each permit says good for one pistol purchase only.

There are several sections that you have to put together. One of them and I cannot find the reference is the exact language on the permit.

I have seen a lot of them they all have the exact language as required by nc general statute. One permit for one pistol.
 
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TSConver said:
Pistol Purchase Permit

Pursuant to North Carolina Statute 14-402, it is unlawful for any person, firm, or corporation to sell, give away, or transfer,... any pistol without either a Pistol Purchase Permit or a North Carolina concealed handgun permit held by a resident of the State at the time of the purchase.

A permit is valid for the purchase of only one handgun. To obtain another handgun, an applicant must procure another permit and must convince the issuing authority that he needs more than one handgun.
Click to expand...


I know that I have picked out some of the quote, but this quote seems to say that the seller must have a permit or CHP and that NC is a May Issue state rather than a Shall Issue state. I was under the impression that both of these are wrong.
 
Charlie said:
I know that I have picked out some of the quote, but this quote seems to say that the seller must have a permit or CHP and that NC is a May Issue state rather than a Shall Issue state. I was under the impression that both of these are wrong.
Click to expand...
Buyer. Not seller.
 
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