Selling to individual with an out of state ccw

Damn_Yankee

Damn_Yankee

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Can I legally sell to someone who has a ccw from 3 other states with reciprocity in NC but not an NC permit?


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You cant.
 
Didn’t think so. Thanks for the quick verification.


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§ 14-402. Sale of certain weapons without permit forbidden.

(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.
 
Damn_Yankee said:
Can I legally sell to someone who has a ccw from 3 other states with reciprocity in NC but not an NC permit?
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Only if that someone is with BATFE. ;)
 
Good info. I read where it said pistol. Does that mean long guns are acceptable? I thought it was all firearms sold between individuals had to reside in the same state.

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pikepole20 said:
Good info. I read where it said pistol. Does that mean long guns are acceptable? I thought it was all firearms sold between individuals had to reside in the same state.

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Federal law requires residency in the same state for both parties. If they have an NC drivers license with an NC address then you would be fine for rifle. Any state to state sales require an FFL.
 
Goofyfoot2001 said:
So in North Carolina you can't give your son a pistol without a permit?
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According to the statute you can't "receive" a handgun in NC under any circumstance and satisfy the letter of the law without a PPP or CHP..
 
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fieldgrade said:
According to the statute you can't "receive" a handgun in NC under any circumstance and satisfy the letter of the law without a PPP or CHP..
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This is what I was told by the local Sheriff Dept.
I asked about my wife using my handguns since they are technically marital property since I was an OTR trucker at the time.
They said to follow the letter of the law if I were to gift her a handgun she is supposed to give me a permit.

Personally I think it is BS.
 
ETA: This post is accurate assuming the buyer is not a NC resident:

State law, PPP, CHP, CCWs have nothing to do with this. It's a Federal law - the Gun Control Act of 1968 made it illegal for two residents of different states to buy/sell/trade/gift any gun without going through an FFL. Exceptions include "lawful bequest" and loans "for sporting purposes".

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
Licensee = FFL/dealer.
Unlicensed person = everyone else.

So yes, you can legally sell to them but you have to use an FFL.
 
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Catfish said:
State law, PPP, CHP, CCWs have nothing to do with this. It's a Federal law - the Gun Control Act of 1968 made it illegal for two residents of different states to buy/sell/trade/gift any gun without going through an FFL. Exceptions include "lawful bequest" and loans "for sporting purposes".

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
Licensee = FFL/dealer.
Unlicensed person = everyone else.

So yes, you can legally sell to them but you have to use an FFL.
Click to expand...

It would have to do with state law if the person with the 3 out of state CCWs is a NC resident. In that case they need a NC permit or CCW.
 
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I agree with all that's been said about interstate sales. And in NC, PPP or CHP is required to transfer ownership of a handgun between private parties via gift, purchase, or inheritance. But as long as there's no transfer of ownership, I see no permit requirement to loan a handgun to a friend or family member for any length of time. The statutes say "transfer", and that's defined in the statutes as a transfer of ownership, loans don't count.
 
Goofyfoot2001 said:
So in North Carolina you can't give your son a pistol without a permit?
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perfectly fine for you to loan it to him, indefinitely if you wish. He just can't 'recieve' a hangun. So let him borrow it until you die. Then he will need to obtain an infringement permit to inherit it. Or he will commit a terrible misdemeanor....
 
SC380 said:
It would have to do with state law if the person with the 3 out of state CCWs is a NC resident. In that case they need a NC permit or CCW.
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It's all about the Interstate Commerce clause of the constitution. Constitution allows Congress to regulate commerce between the states, and that loophole has been terribly abused, but a private sale of a gun within one state's boundaries is still outside the jurisdiction of the Feds. Gun Free School Zones Act and the Violence Against Women Act, in the text of the law, claimed Federal jurisdiction because gun free schools and violence against women affected commerce between the states. Supreme Court didn't buy it and invalidated those provisions of the law.
 
SC380 said:
It would have to do with state law if the person with the 3 out of state CCWs is a NC resident. In that case they need a NC permit or CCW.
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There's nothing correct about that.

ETA nvm my reading comprehension is off
Also I assumed buyer is from another state, which might not be true.
 
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MostWanted said:
It's all about the Interstate Commerce clause of the constitution. Constitution allows Congress to regulate commerce between the states, and that loophole has been terribly abused, but a private sale of a gun within one state's boundaries is still outside the jurisdiction of the Feds. Gun Free School Zones Act and the Violence Against Women Act, in the text of the law, claimed Federal jurisdiction because gun free schools and violence against women affected commerce between the states. Supreme Court didn't buy it and invalidated those provisions of the law.
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If it is two NC residents as I stated, the buyer having 3 non resident CCWs from other states, it has nothing to do with the interstate commerce clause.
 
SC380 said:
If it is two NC residents as I stated, the buyer having 3 non resident CCWs from other states, it has nothing to do with the interstate commerce clause.
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I think we are agreeing with each other, right? Interstate commerce clause does not apply?
 
Catfish said:
ETA: This post is accurate assuming the buyer is not a NC resident:

State law, PPP, CHP, CCWs have nothing to do with this. It's a Federal law - the Gun Control Act of 1968 made it illegal for two residents of different states to buy/sell/trade/gift any gun without going through an FFL. Exceptions include "lawful bequest" and loans "for sporting purposes".

https://www.atf.gov/firearms/qa/whom-may-unlicensed-person-transfer-firearms-under-gca
Licensee = FFL/dealer.
Unlicensed person = everyone else.

So yes, you can legally sell to them but you have to use an FFL.
Click to expand...

Then this is our winner :) You can drive/ship it to an FFL in his state.
 
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