Process for Legal Firearm Transfers

I’m cooking bacon, does someone have the NC statute handy?

edit: so he can read it and hopefully keep this thread to less than 17 pages.
 
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JimB said:
I’m cooking bacon, does someone have the NC statute handy?

edit: so he can read it and hopefully keep this thread to less than 17 pages.
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I think I have my interpretation of it around here somewhere.
 
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The buyer doesn't need to show a CCW permit, some folks just want it to show that the buyer has passed some kind of background check.
Show a DL and the seller should ask the buyer to affirm they're not prohibited from purchasing for any reason.
You're free to ask whatever conditions you want.
Doesn't mean that the buyer will agree.

*Clarification - for handgun sales, the CCW permit or purchase permit is required.
For long guns, no.
 
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Snal~ said:
Technically yes, but they can't be a felon, so a valid CCW permit would prove that beyond a reasonable doubt.
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Slightly incorrect.
Seller can’t know that buyer is a prohibited person. If seller asks buyer and buyer says “no” then that’s as much as any seller can, or must, do. There is no “beyond a reasonable doubt” standard.
If the state wanted to charge a seller for transferring to a prohibited person the state would have the burden of proving that the seller knew that the buyer was a prohibited person beyond a reasonable doubt.

here is the statute. https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_52A.pdf
 
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Here's as straight an answer as you will find:

If it's a long gun: Sell it to any NC resident who isn't under 18 or known to you to be a prohibited person.
If it's a long gun: Sell it to an out-of-state resident via transfer at any FFL dealer.
If it's a handgun: Sell it to any NC resident who possesses a Pistol Purchase Permit or Concealed Handgun Permit, and is not known to you to be a prohibited person.
If it's a handgun: Sell it to an out-of-state resident via FFL transfer in their home state.

You'll notice I didn't say 'check this' or 'copy that'. As a selller in a private transaction there are no statutory requirements w.r.t. viewing, showing, keeping or copying of documents. You'll get 100 opinions on what you "should" do, but you'll have to decide for yourself what's best.

FAQ for Federal law : https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
the NC Statute: https://www.ncleg.net/enactedlegislation/statutes/html/byarticle/chapter_14/article_52a.html
 
dmarbell said:

Some folks rely on this paper as a good starting reference. It covers a lot of ground for the beginning hobbyist. Keep in mind it was written by a communist before he became governor of our great state.
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It’s also legally inaccurate. It is the perspective of a prosecutor, it’s what he wishes the law said, and what he’ll try to convince a jury that the law says, but as best anyone can tell it never worked. It’s primary use today is to show that the NC Sheriffs are, as a group, happy to overreach on 2A issues.
 
JimB said:
It’s also legally inaccurate. It is the perspective of a prosecutor, it’s what he wishes the law said, and what he’ll try to convince a jury that the law says, but as best anyone can tell it never worked. It’s primary use today is to show that the NC Sheriffs are, as a group, happy to overreach on 2A issues.
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@JimB

Not enough caveats in my intro? I thought I covered it. Would you rather I direct a new member to a 17 page thread with lots of name-calling and derisiveness?
 
dmarbell said:
@JimB

Not enough caveats in my intro? I thought I covered it. Would you rather I direct a new member to a 17 page thread with lots of name-calling and derisiveness?
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Your post gave the impression that it was good advice, it is not.

Clearly you recognize this, it just didn’t come across.
 
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