Question(s) concerning NC gun laws

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biganimal

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Morning Friends, the wife and I are thinking about buying land in NC or Tennessee. Our plan is to live there 5-6 months during the year, ie. the warmer months. The remainder of the year we’ll be at our SC home. Basically we want dual residency.
My main concern is owning, carrying, & possibly purchasing pistols while in NC. Do I have to get a pistol permit to do any of the afore mentioned things?
Here in SC no permit is necessary to purchase or possess handguns but one must have a CCW to carry concealed.
Any help would be appreciated.
 
As a general matter, I don't think "dual residency" is a thing legally.
 
As others have said, you'll need a DL to match either a PPP or CHP for purchase in NC. Getting an NC DL would undoubtedly mean forfeiting your SC one.

As far as residency goes, I looked into this when I was working full time in VA and kept my home in NC while residing in a travel trailer at an RV park. The conclusion I came to is that there is no hard and fast litmus test to determine residency, but rather it is a culmination of multiple factors such as, drivers license, property ownership, taxes, where you garage vehicles, etc. Obviously the DL is going to be a big part of this and what you claim as a primary residence.

On the other hand, a lot of retirees declare Texas as their residence for tax purposes and then live mobile.
 
I think the non-SC location would be treated as vacation property unless you sever your legal ties in SC and re-establish them in TN or NC. However for taxes and the like, wherever you spend the majority of the year is usually considered your residence. Be careful about owing income taxes in two states.
 
rufrdr said:
I think the non-SC location would be treated as vacation property unless you sever your legal ties in SC and re-establish them in TN or NC. However for taxes and the like, wherever you spend the majority of the year is usually considered your residence. Be careful about owing income taxes in two states.
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The nice thing is I don’t receive any taxi le income now.
 
biganimal said:
The nice thing is I don’t receive any taxi le income now.
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Some states do tax on retirement and social security. You won't want to establish a residence in one of them.


12 States Impose Income Tax on Social Security Income​

The below 12 states tax Social Security benefits to varying degrees.


Colorado​

Colorado's pension-subtraction system exempts up to $24,000 in pension and annuity income, including some Social Security benefits. The exemption is based on your age, starting at age 55.1


Connecticut​

Connecticut partially or fully exempts Social Security benefits, based on a person's filing status and income.2


Kansas​

Kansas exempts Social Security benefits from state tax, based on the taxpayer's income. Your Social Security benefits are exempt from Kansas income tax if your federal adjusted gross income (AGI) is $75,000 or less, regardless of your filing status.3


Minnesota​

Minnesota partially taxes Social Security benefits. The state allows a subtraction from benefits ranging from $2,645 for married taxpayers who file separately, to $4,130 for single taxpayers, to $5,290 for married taxpayers who file jointly. The rule is subject to phaseouts starting at incomes of $80,270 for joint married filers, $40,135 for married taxpayers filing separately, and $62,710 for heads of household and single filers. The subtraction is less for these incomes and eventually phases out entirely as you earn more.4


Missouri​

Missouri exempts Social Security benefits from state tax, provided that the individual is age 62 or older and has adjusted gross income of less than $100,000 if married and filing jointly, or $85,000 for all other filing statuses. Those who earn more than that might qualify for the exemption if they're disabled.5


Montana​

Montana asks residents to use the Montana Individual Income Tax Return to determine the portion of Social Security benefits that's taxable by the state (page 5 and page 6). That might be different from the federal amount.6


Nebraska​

Nebraska allows a deduction for Social Security income that's included in your federal adjusted gross income if your federal AGI is less than or equal to $59,960 for married couples filing jointly, or $44,460 for all other filers.7


New Mexico​

New Mexico follows the federal rules for including a portion of Social Security benefits as part of taxable income, but the state provides an $8,000 tax credit to eligible taxpayers age 65 or older to offset the tax on income, including income from Social Security benefits.8


North Dakota used to tax income from Social Security benefits, but in November 2021, the governor signed Senate Bill 2351, which exempts Social Security benefits from state income tax, making North Dakota the 38th state.9

Rhode Island​

Rhode Island has an exemption on Social Security taxation for those who have reached full retirement age as defined by the IRS. Eligible taxpayers must have federal AGIs of $88,950 if single, or $111,200 if married and filing jointly, for the 2021 tax year, the return you file in 2022.10


Utah​

In late 2019, Utah adopted a sweeping tax bill that includes a tax credit for Social Security benefits that are included in a taxpayer's federal adjusted gross income.11


Vermont​

Vermont previously followed the federal rules for determining the taxable portion of Social Security benefits, and then it adopted exemptions for taxpayers with incomes below $25,000 for single filers and $32,000 for other statuses. Benefits for those with higher incomes are taxed at incremental levels, with no exemption available for AGIs of over $55,000 if single or over $70,000 if you're married and file jointly.12


West Virginia​

West Virginia follows federal rules for determining the taxable portion of Social Security benefits. Legislation passed in 2019 will eliminate state taxes on these benefits by 2022.13 Until it's phased out at the end of 2022, you can exclude 65% of Social Security benefits on your 2021 tax return.14
 
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NC resident needs a permit to purchase a handgun if he doesn't have a CHP issued by NC.

Possession isn't a problem.
Must have CHP to conceal pistol.
Open carry is legal.
 
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biganimal said:
But I still don’t have the answer to my question; does a NC resident need a state issued pistol permit to own, possess, purchase, or sell a handgun in NC?
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Per NC law, a handgun purchase permit, issued by the Sheriff in your county of residence, is required to purchase/obtain a handgun, unless you hold a CHP. There is no permit required to own, possess or to sell/sale/cell/sail a handgun.
 
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biganimal said:
does a NC resident need a state issued pistol permit to own, possess, purchase, or sell a handgun in NC?
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own/possess: no permit needed as long as the firearms were acquired before NC residency. concealed carry of a handgun is legal w any valid permit, including valid non-resident permits.

purchase: yes need permit for handgun. no permit for long gun

sell: no permit needed

For SC resident temp living in NC

own/possess: yes. concealed carry with any valid permit including non-resident permits

buy/sell to/from an NC resident: you can only sell through NC FFL.

not sure if you can sell to a SC resident on NC soil (i assume you can?)
 
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You need an NC license for your NC CCW to be valid. You wont get one without an NC DL. You need a permit to carry in NC if you are a resident and a permit to carry if you are out of state and a valid ID from the state you claim to reside in.

Ill defer to others on selling guns. I dont sell anything.
 
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Simple Man said:
…if you are out of state and a valid ID from the state you claim to reside in.
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this wording seems a little confusing to me.

anyone with any valid concealed carry permit can carry concealed in NC.

this includes valid NC CHP, valid resident permit from any state and valid non-resident permit from any state. this last category includes as an example, a NC resident with a valid New Hampshire non-resident permit.
 
Screw NC. Find out what the laws are in TN?

All I know is that I cannot purchase a pistol in SC or any other state unless I am a resident. That is a federal law. Long guns are not a problem
 
Also, If you decide to make NC your residence of record and obtain a NC CWP, SC requires you surrender you SC CWP to SLED.
 
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vp9c said:
not sure if you can sell to a SC resident on NC soil (i assume you can?)
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An NC resident can sell to a SC resident but it has to go thru an FFL to be legal.
 
Downeast said:
All I know is that I cannot purchase a pistol in SC or any other state unless I am a resident. That is a federal law. Long guns are not a problem
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I can purchase a handgun in any state I want to.

I just can’t take possession of it. They have to send it to an FFL in NC. But I can still purchase it. 😝🤓
 
Thanks for all the answers. The info gleaned from them will make a big decision much easier.
We are now looking at Tennessee and Alabama rather than North Carolina. I left NY because I didn’t like having to ask the local sheriff for permission to purchase a handgun. Here in SC I can buy a handgun simply by filling out a 4473, showing my CCW, & paying for it.
Thanks again guys.
 
BatteryOaksBilly said:
I do NOT know how this is done BUT....I know a man personally and have known him for 40 years that has a valid [up to date] S.C. and N.C. CWP. He can teach the CWP course in either state and does so. He owns property at Lake Lure and other properties in S.C. He has a valid S.C. DL.......Again, I don't know How only that he has both. Both are current and valid.
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Doesn’t SC issue Non-resident permits if you own land in SC but are not a full time resident?

As to a DL … that might be something that goes back pre-computer database and just hasn’t been caught …yet. There was a crazy lady a year or two back who was terrorizing the roads around RTP that had a couple different licenses so it’s possible … legal maybe not completely … but possible. As the True ID crap kicks in and things get linked and checked it will get interesting.


ETA … he pays property taxes in both states so really he damn well deserves the Concealed Carry benefit in both. As to DL and other stuff he should be able to pick the one with the best tax and insurance prices for his vehicles.
 
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Dual residency is okay under federal law; the sticking points come from the details of getting state documents.

ATF Questions and Answers - May a person who resides in one state and owns property in another state purchase a firearm in either state?
If a person maintains a home in two states and resides in both states for certain periods of the year, they may, during the period of time they actually reside in a particular state, purchase a firearm in that state. However, simply owning property in another state does not alone qualify the person to purchase a firearm in that state.

[27 CFR 478.11] Last Reviewed June 25, 2020
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27 CFR § 478.11 - Meaning of terms.
State of residence. The State in which an individual resides. An individual resides in a State if he or she is present in a State with the intention of making a home in that State. If an individual is on active duty as a member of the Armed Forces, the individual's State of residence is the State in which his or her permanent duty station is located, as stated in 18 U.S.C. 921(b). The following are examples that illustrate this definition:

Example 2.
A maintains a home in State X and a home in State Y. A resides in State X except for weekends or the summer months of the year and in State Y for the weekends or the summer months of the year. During the time that A actually resides in State X, A is a resident of State X, and during the time that A actually resides in State Y, A is a resident of State Y.
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