Private sales ?

Glock5857

Glock5857

Well-Known Member
Supporting Member
Joined
Mar 19, 2018
Messages
705
Location
Rutherford County, NC
Rating - 100%
7   0   0
If I buy a handgun from an individual, no BOS or paper documentation at all. If I get pulled over, I don't have ccp, but I'm legal to own, the gun is in full sight. If the officer runs a check on the gun, it's not going to show registered to me. What happens ???
 
Glock5857 said:
If I buy a handgun from an individual, no BOS or paper documentation at all. If I get pulled over, I don't have ccp, but I'm legal to own, the gun is in full sight. If the officer runs a check on the gun, it's not going to show registered to me. What happens ???
Click to expand...

nothing.
 
"Cop pulls me over and I have a bag of Skittles on the seat..in PLAIN VIEW...I don't have a Receipt. What happens?!?!?!"

Absolutely nothing.

Stop thinking of guns as being anything other than private property.
 
Last edited:
Glock5857 said:
If I buy a handgun from an individual, no BOS or paper documentation at all. If I get pulled over, I don't have ccp, but I'm legal to own, the gun is in full sight. If the officer runs a check on the gun, it's not going to show registered to me. What happens ???
Click to expand...
It wasn't registered to the person you bought it from. There is no Federal or NC state registry.
 
When officers run a check on the side of the road it is only through NCIC to see if the gun is stolen. To run a history of the gun and find out who purchased the gun requires a different process which takes a few days. So if the gun isn’t stolen, as the others have said above absolutely nothing. And remember they must have your consent or probable cause to run the serial number through NCIC. Having a gun in plain view in your vehicle, is not probable cause.

If you are transporting a weapon and it is plain view, it can be loaded. Nothing in NC law prohibits you from transporting a weapon loaded.
 
RR said:
It wasn't registered to the person you bought it from. There is no Federal or NC state registry.
Click to expand...


This.

As bad as Hollywood would like us to believe there is a gun registration program, there is not.

Anytime there is a gun crime mentioned in a television show or movie, they want to check to see who it is registered to. Don't believe them.

.
 
Just make sure you grab it and hold it out the window while politely, yet loudly telling the officer "I have a gun". This will let the officer know it's there so it isn't a surprise when they get to your car. They won't feel like their time was being wasted since they can just walk over and go right to checking the serial number to see if it's stolen.

Joking aside, it's not a bad idea to bring a case for the gun in the event you come across a jumpy cop or you need to go into a gas station.
 
Only time I've ever had a officer decide to run my firearm in a traffic stop it came back stolen. I bought it from my dad with papers and he bought it at greensboro gunshow with proper check and papers. I carried that cobalt blue titanium 7 shot 357mag taurus for 3 years before that stop. I had spend weekend in jail until court that following Monday. My dad came to court with his paperwork of buying the revolver from a dealer at gunshow and I had papers where we transfered it when I bought it from him. They let me go of course. But I still don't quite understand wtf happened. Like how did it not show up stolen way before I got it. It was supposed to have been stolen in Asheboro 2 years before I got it. But it does show that even buying from a licensed dealer when dealing atleast with used guns problems could still come up down the road. I've wondered many times if it was all bullshit and that back road deputy sheriff just wanted my beautiful wheelgun for his collection.
 
Average Joe said:
If you are transporting a weapon and it is plain view, it can be loaded. Nothing in NC law prohibits you from transporting a weapon loaded.
Click to expand...
To add to this a bit, there’s nothing that separates loaded vs unloaded when it comes to illegally carrying a concealed firearm.

If you don’t have a permit, the firearm can’t be concealed…even if it’s completely empty and no ammo on the vehicle anywhere.
 
BigWaylon said:
To add to this a bit, there’s nothing that separates loaded vs unloaded when it comes to illegally carrying a concealed firearm.

If you don’t have a permit, the firearm can’t be concealed…even if it’s completely empty and no ammo on the vehicle anywhere.
Click to expand...
Great follow up!
 
HandyDave said:
Only time I've ever had a officer decide to run my firearm in a traffic stop it came back stolen. I bought it from my dad with papers and he bought it at greensboro gunshow with proper check and papers. I carried that cobalt blue titanium 7 shot 357mag taurus for 3 years before that stop. I had spend weekend in jail until court that following Monday. My dad came to court with his paperwork of buying the revolver from a dealer at gunshow and I had papers where we transfered it when I bought it from him. They let me go of course. But I still don't quite understand wtf happened. Like how did it not show up stolen way before I got it. It was supposed to have been stolen in Asheboro 2 years before I got it. But it does show that even buying from a licensed dealer when dealing atleast with used guns problems could still come up down the road. I've wondered many times if it was all bullshit and that back road deputy sheriff just wanted my beautiful wheelgun for his collection.
Click to expand...
Clarifying question, because I can’t believe there isn’t more info.
Why did you spend the weekend in jail? Surely it wasn’t only because you were in possession of a firearm that had been reported stolen 5 years earlier.
 
Average Joe said:
And remember they must have your consent or probable cause to run the serial number through NCIC. Having a gun in plain view in your vehicle, is not probable cause.
Click to expand...
While I'm not arguing and don't have a personal example...
I wonder how many time SNs were run without either concent or PC?
 
BigWaylon said:
To add to this a bit, there’s nothing that separates loaded vs unloaded when it comes to illegally carrying a concealed firearm.

If you don’t have a permit, the firearm can’t be concealed…even if it’s completely empty and no ammo on the vehicle anywhere.
Click to expand...
Does this also pertain to rifles?
 
rdinatal said:
While I'm not arguing and don't have a personal example...
I wonder how many time SNs were run without either concent or PC?
Click to expand...
I’m sure it has happened. Like you don’t have any personal examples. But LE are people, and people aren’t perfect. Some LE may have done it by mistake in the law and what the law allowed. Other LE probably did it knowing they weren’t allowed by law, but did it anyway thinking that nothing would happen to them if they were caught.
 
GymB said:
Clarifying question, because I can’t believe there isn’t more info.
Why did you spend the weekend in jail? Surely it wasn’t only because you were in possession of a firearm that had been reported stolen 5 years earlier.
Click to expand...
It was just a license check. Which I had license and everything else was good to go. Then one of the deputy said he would like to run the firearm. So they did then I was cuffed and stuffed. I could have bailed out but I wasn't paying shit for something I didn't do and didn't have no knowledge of. So I set in jail till court Monday. Soon as judge seen mine and my dad's paperwork case dismissed.
 
Damn_Yankee said:
Does this also pertain to rifles?
Click to expand...
Yes.

Except that with a concealed permit you could conceal a handgun (loaded or not), but nothing allows for a concealed rifled…regardless of permit or loaded/unloaded.
 
Glock5857 said:
"Probable cause" seems like a very open statement
Click to expand...
In the simplest terms, probable cause means, an officer knows of facts or circumstances that would lead a reasonable person to believe a specific crime has been, or is going to be, committed at a specific location. In the case of a firearm in plain view in a vehicle at a traffic stop the officer must have some facts that would lead a reasonable person to believe that the firearm in question was connected and related to that specific crime that has been or about to be committed at a specific location.

For example, you get stopped for speeding. A reasonable person would not believe that a firearm in plain view was related and connected to the crime of speeding.

Another example, you are in the immediate vicinity and time frame of an armed robbery. Your vehicle matches the description of the vehicle used in that armed robbery and an officer stops you. In this case, a reasonable person would believe that it is possible for a firearm in plain view to be related and connected to the armed robbery that just occurred at ______ location. In the course of the officers investigation of the armed robbery they would have probable cause to run the serial numbers through NCIC.

Another example, you are stopped for speeding. Upon approach, the officer sees a small part of a firearm and it is positioned in a manner attempting to conceal the firearm and you do not have a concealed handgun permit or the firearm not covered (rifle or shotgun) by the concealed handgun permit. If the officer can articulate you were trying to conceal the firearm, they would have probable cause and could seize the firearm and run the serial number though NCIC. However, this scenario, has more elements regarding what constitutes a concealed weapon.

This is very simple terms and probable cause can and is usually more complicated. Also an officers probable cause is the very first thing that is challenged in court. Because if the defendant or their attorney demonstrates the officer did not have probable cause, any and all charges after the fact are not valid and dismissed.

(The legal disclaimer, I’m not an attorney, nor did I play one on TV, nor did I stay in a Holiday Inn last night so do not use this information as legal advice 🤣)
 
Glock5857 said:
I know during deer season you are not supposed to transport a loaded rifle. Not sure if this is what you may be referring too.
Click to expand...
That only pertains to certain game lands and field trial areas. It is a wildlife statute, not a statute pertaining to NC concealed carry laws.
 
Glock5857 said:
I know during deer season you are not supposed to transport a loaded rifle. Not sure if this is what you may be referring too.
Click to expand...
I transport my rifle, empty chamber, with a loaded magazine, openly on the back seat of my truck from home to the private property that I hunt. Legal in NC, but not so in some states.
 
I was 23 years old and had just moved back to Chatham County from points abroad.

Borrowed my dad's little single cab Nissan truck and proceeded to load about 18 of my firearms into the cab. Some in soft cases, some in hard cases, and some in blankets or nothing at all. This was a Friday evening and a couple friends were coming over Saturday to my place on the other side of the county to shoot.

Went to our church in Siler City and hung out until 11pm or so. They were having a "young adult" lock-in or some such. Was dating the girl who I married later and she was gonna stay overnight with some of the younger ones.

I got pulled by Siler City PD about 11:20-ish on the edge of town heading home. Turns out my dad's tags had expired 3 months prior. I never thought to look. I don't recall him asking nor do I know if expired tags are PC. Regardless he laid a blanket on the hood of his car and proceeded to run all 18. I did give him a heads up that the Norinco 1911 serial # would come back hot but to a Ruger 44 Magnum which it obviously was not (back then we'd just call the non-emergency # for dispatch even as "civilians" and get em to run the # before we bought used guns). He just looked at me like I was speaking a foreign language and didn't acknowledge anything I said. That was about par for the course back then for Siler. No idea if it's changed or not.

The folks inside the Country Store must have wondered what was going on. It was quite a spread on the blanket. MAK-90 or two, AR or three, M1 Carbine, HK-91, SKS, a couple shotguns, and several semi-auto handguns.

Stop took about 30 minutes from start to finish. We put all the guns back in my truck. I got a ticket for expired tags. My dad got them renewed. I showed up to court with proof and it was dropped but I paid court costs.


Fast forward 18 years later to 2017. I was leaving work at Ed's Gun Shop headed home. I was just outside Vass city limits headed North towards Carthage. Female in a S10-Blazer coming from opposite direction was either high on meth or drunk or on phone. I saw her coming into my lane a good ways off. By the time we met I had all 4 tires of my Pathfinder in the grass at about 40 mph and her mirror still raked down the side of my vehicle. She kept going of course. Major who said he was a pilot stopped behind me and said he couldn't believe that I was able to avoid the collision.

I called the 911. Seems they was a bit of an issue that I was only a couple hundred yards out of town limits. So they had to get the highway patrol. I really REALLY didn't give a crap about filing a report or whose jurisdiction it was. She was obviously in the town limits by the time I called and I was just hoping they could catch her before she killed somebody. Wasn't high on their list of priorities though.

So since he'd already been dispatched I waited a good 15 minutes until trooper got there.

I informed upon arrival. I was out of vehicle so I only informed as to what was on my person. (Had many many more in vehicle)

He took my EDC for "officer safety" but immediately went back to car and ran it. So he was gone for another 5 minutes or so and we hadn't even talked yet about what happened and why I called. He expressly did not ask my permission to run the numbers.

By the time he came back it'd been a good 20 minutes since the incident. I was pretty hot under the collar. Gave a brief description of incident and collected my J-Frame with the ever requisite loose ammo that seems to go hand in hand with cops that are non-gun people. Sure enough, he sounded like a transplant from the Bronx. Only irritating interaction I've ever had with a trooper.

So unless one or both of those stories are situations that presented probable cause (which wasn't articulated to me in either incident) then I guess I've had them ran twice without consent.

But, I've been through many a roadblock and been pulled when I was younger where the LEO didn't want to touch the gun/s and we were both fine with that.

Incidentally that expired tag ticket was the last ticket I ever got. And that was 1998.
 
Average Joe said:
I’m sure it has happened. Like you don’t have any personal examples. But LE are people, and people aren’t perfect. Some LE may have done it by mistake in the law and what the law allowed. Other LE probably did it knowing they weren’t allowed by law, but did it anyway thinking that nothing would happen to them if they were caught.
Click to expand...
In reference to vehicles evolving a physical arrests.

When a arrest is made a inventory search is legally allowed and mandatory by policy with most professional agencies. It's allowed incidental to any lawful arrest. Most agencies in reference to firearms will run and documented with a copy of the teletype attached to the property receipt to insure it was not stolen.

Not look good to have stolen property in evidenced room that you don't know about.:oops:

Another reason is to protect all of the individuals property that's being arrested. The arrest may have nothing to do with the firearm and it will be returned with any other property seized at the time of the arrest.
 
LarrySr. said:
In reference to vehicles evolving a physical arrests.

When a arrest is made a inventory search is legally allowed and mandatory by policy with most professional agencies. It's allowed incidental to any lawful arrest. Most agencies in reference to firearms will run and documented with a copy of the teletype attached to the property receipt to insure it was not stolen.

Not look good to have stolen property in evidenced room that you don't know about.:oops:

Another reason is to protect all of the individuals property that's being arrested. The arrest may have nothing to do with the firearm and it will be returned with any other property seized at the time of the arrest.
Click to expand...
Another great follow up!
 
thrillhill said:
I was 23 years old and had just moved back to Chatham County from points abroad.

Borrowed my dad's little single cab Nissan truck and proceeded to load about 18 of my firearms into the cab. Some in soft cases, some in hard cases, and some in blankets or nothing at all. This was a Friday evening and a couple friends were coming over Saturday to my place on the other side of the county to shoot.

Went to our church in Siler City and hung out until 11pm or so. They were having a "young adult" lock-in or some such. Was dating the girl who I married later and she was gonna stay overnight with some of the younger ones.

I got pulled by Siler City PD about 11:20-ish on the edge of town heading home. Turns out my dad's tags had expired 3 months prior. I never thought to look. I don't recall him asking nor do I know if expired tags are PC. Regardless he laid a blanket on the hood of his car and proceeded to run all 18. I did give him a heads up that the Norinco 1911 serial # would come back hot but to a Ruger 44 Magnum which it obviously was not (back then we'd just call the non-emergency # for dispatch even as "civilians" and get em to run the # before we bought used guns). He just looked at me like I was speaking a foreign language and didn't acknowledge anything I said. That was about par for the course back then for Siler. No idea if it's changed or not.

The folks inside the Country Store must have wondered what was going on. It was quite a spread on the blanket. MAK-90 or two, AR or three, M1 Carbine, HK-91, SKS, a couple shotguns, and several semi-auto handguns.

Stop took about 30 minutes from start to finish. We put all the guns back in my truck. I got a ticket for expired tags. My dad got them renewed. I showed up to court with proof and it was dropped but I paid court costs.


Fast forward 18 years later to 2017. I was leaving work at Ed's Gun Shop headed home. I was just outside Vass city limits headed North towards Carthage. Female in a S10-Blazer coming from opposite direction was either high on meth or drunk or on phone. I saw her coming into my lane a good ways off. By the time we met I had all 4 tires of my Pathfinder in the grass at about 40 mph and her mirror still raked down the side of my vehicle. She kept going of course. Major who said he was a pilot stopped behind me and said he couldn't believe that I was able to avoid the collision.

I called the 911. Seems they was a bit of an issue that I was only a couple hundred yards out of town limits. So they had to get the highway patrol. I really REALLY didn't give a crap about filing a report or whose jurisdiction it was. She was obviously in the town limits by the time I called and I was just hoping they could catch her before she killed somebody. Wasn't high on their list of priorities though.

So since he'd already been dispatched I waited a good 15 minutes until trooper got there.

I informed upon arrival. I was out of vehicle so I only informed as to what was on my person. (Had many many more in vehicle)

He took my EDC for "officer safety" but immediately went back to car and ran it. So he was gone for another 5 minutes or so and we hadn't even talked yet about what happened and why I called. He expressly did not ask my permission to run the numbers.

By the time he came back it'd been a good 20 minutes since the incident. I was pretty hot under the collar. Gave a brief description of incident and collected my J-Frame with the ever requisite loose ammo that seems to go hand in hand with cops that are non-gun people. Sure enough, he sounded like a transplant from the Bronx. Only irritating interaction I've ever had with a trooper.

So unless one or both of those stories are situations that presented probable cause (which wasn't articulated to me in either incident) then I guess I've had them ran twice without consent.

But, I've been through many a roadblock and been pulled when I was younger where the LEO didn't want to touch the gun/s and we were both fine with that.

Incidentally that expired tag ticket was the last ticket I ever got. And that was 1998.
Click to expand...
Once you handed over the weapon for "officer safety" they are then in possession and open view of the weapon and Serial # so it's fair game.
 
Cowboy said:
Once you handed over the weapon for "officer safety" they are then in possession and open view of the weapon and Serial # so it's fair game.
Click to expand...

Shenanigans

I'll make sure to be less cooperative next time then.
 
thrillhill said:
Shenanigans

I'll make sure to be less cooperative next time then.
Click to expand...
As respectfully as one can you always have the option to say it's fine where it is. You weren't a suspect in anything you were the victim. Granted I'm sure there are different responses from different officers when this is said.
 
Glock5857 said:
If I buy a handgun from an individual, no BOS or paper documentation at all. If I get pulled over, I don't have ccp, but I'm legal to own, the gun is in full sight. If the officer runs a check on the gun, it's not going to show registered to me. What happens ???
Click to expand...
How would you even get it "registered"? And where?
 
You must log in or register to reply here.
Back
Top Bottom