Gun Transfer Laws

Discussion in 'General Chit Chat' started by adman02, Jun 29, 2020 at 8:51 PM.

  1. adman02

    adman02 Well-Known Member

    Joined:
    May 15, 2009
    Location:
    Durham, NC
    OK. I know nothing about guns. I did take my first shooting lesson at Triangle Shooting Academy today and enjoyed it. I have questions though.

    My father in law died two years ago and left behind three pistols. His wife (my mil) doesn’t want the guns. The guns are located in FL. I live in Durham. What is required for me to legally obtain possession of these guns?

    Thanks for any help you guys can offer.
     
  2. obullfish

    obullfish Carolina Trail Blazers

    Joined:
    Nov 21, 2011
    Location:
    Candler N.C.
  3. awheelterd

    awheelterd Well-Known Member

    Joined:
    Oct 18, 2007
    Location:
    johnston co./ ncsu
    I would never do it, but I would guess someone could just drive down there and bring them back in a locked case.
     
  4. Southern_Transplant

    Southern_Transplant Well-Known Member

    Joined:
    Nov 13, 2019
    Location:
    Fayetteville, NC
    Ok, I may be missing something. Why can't you just prepare a bill of transfer with the models and serial numbers and both of you sign and date it. Then just drive back with your legally owned firearms.

    This is a private sale and unless the Democrats snuck it through, there is no law requiring universal background checks. You can also legally transport your own firearms (bill of transfer as proof) across state lines.

    The only issues will be if you don't like Florida or your Mother-in-law...
     
  5. braxton357

    braxton357 Robot

    Joined:
    Apr 6, 2005
    Location:
    Morganton
    NC would still require a purchase permit for each pistol even with a private sale. That being said you're buying it privately in Florida so you would have to abide by their laws.
     
  6. adman02

    adman02 Well-Known Member

    Joined:
    May 15, 2009
    Location:
    Durham, NC
    Why would you never do it? Too far to drive?

    It could be that simple I suppose; I just don't know the laws. It seems weird that there are such stringent laws around buying a gun legally, but I could just "receive" a gun with no issues whatsoever.
     
  7. Monkeynono

    Monkeynono Member

    Joined:
    Dec 19, 2018
    Location:
    New Jersey
    Not to take over this thread but what if I am moving to NC and own guns what do I need to do?
     
  8. tknopp

    tknopp Well-Known Member

    Joined:
    Mar 31, 2005
    Location:
    Rural Retreat, VA
    Nothing. There are no registration laws in NC. You do have to take due care to make sure a minor doesn't have access to your firearms in your residence. That is a state law. Getting your CCW permit is way easier in NC than Jersey. Now if you have any NFA regulated items (except suppressors) you will have to file 5320.2 forms prior to crossing state lines.
     
    CasterTroy and Monkeynono like this.
  9. Lizooki

    Lizooki Well-Known Member

    Joined:
    Mar 21, 2005
    Location:
    Stokes Co. NC
    Is she giving you the guns?
    Just go get them. Nothing else needed.
    Since there is no registration in NC no transfer is needed.
     
    LBZ_Duramax, Oneofsix and awheelterd like this.
  10. awheelterd

    awheelterd Well-Known Member

    Joined:
    Oct 18, 2007
    Location:
    johnston co./ ncsu
    Because guns are bad and I would never ever want to have a gun that I didn't pay an unconstitutional tax or have a permit for.

    Unfortunately NC is at capacity and is no longer accepting transfers from NJ. Keep your gus though, you'll probably need them up there more than down here.
     
  11. adman02

    adman02 Well-Known Member

    Joined:
    May 15, 2009
    Location:
    Durham, NC
    I was poking around on the Web trying to learn more and found this from the ATF web site...

    4. May I lawfully transfer a firearm to an individual who resides in a different State?

    Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).​

    I guess that answers my question.
     
    Infamous1 likes this.
  12. Monkeynono

    Monkeynono Member

    Joined:
    Dec 19, 2018
    Location:
    New Jersey
    To late... If all goes to plan I should be an NC resident by years end.
     
    skyhighZJ likes this.
  13. awheelterd

    awheelterd Well-Known Member

    Joined:
    Oct 18, 2007
    Location:
    johnston co./ ncsu
    Fuuuuu.....
     
    CarolinaHD likes this.
  14. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    Legally they need to be shipped to an FFL in the state of NC and you have to have a pistol purchase permit for each one or a concealed handgun permit issued by NC. Then you go to the FFL and transfer them to you.
     
  15. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    Correct and in NC you have to get permission from the local sheriff to receive a handgun.
     
  16. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    If they are already yours then just move here with them. Nothing else is required on this end. On the other end you may need to get them removed from your name up there.
     
    Monkeynono likes this.
  17. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    Completely illegal. Violates federal law since it is a handgun and violates NC law as a result since all handgun transfers for a NC resident must include a pistol purchase permit or a concealed handgun permit issued by your local sheriff.
     
    Infamous1 likes this.
  18. 89wrangler

    89wrangler Not a new member

    Joined:
    Oct 22, 2005
    Location:
    Bostic,NC
    I know tsconover is correct and knows the laws, but sometimes folks way over think things or post on interwed.
     
    jeepinmatt, CLRracer and awheelterd like this.
  19. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    Couldn't agree more but it was posted and answered correctly.
     
    adman02, obullfish, CLRracer and 2 others like this.
  20. CasterTroy

    CasterTroy Motarded

    Joined:
    Mar 21, 2005
    Location:
    Wallburg
    The posted speed limit is 55. I'm simply stating what the LAW is. :huggy:
     
  21. Keith1138

    Keith1138 Well-Known Member

    Joined:
    Nov 18, 2015
    Location:
    Concord NC
    What if you have a concealed handgun permit. Is that type of transfer still illegal?

    Sent from my SM-G981U using Tapatalk
     
  22. Pacfanweb

    Pacfanweb Well-Known Member

    Joined:
    Oct 6, 2006
    Location:
    Wake Forest
    So.....could he not just get the permit, then go get the guns?
     
  23. Infamous1

    Infamous1 Well-Known Member

    Joined:
    Aug 14, 2010
    Location:
    Pittsboro
    Out of state handgun transfers have to go through an NC FFL for NC residents, at the FFL you show your concealed handgun permit or give them your purchase permit.
     
  24. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    No sir. Out of state handgun transfer by federal law have to go through an ffl in the state of residence of the person receiving the handguns. That is federal law. It was posted earlier in this thread.
     
  25. tsconver

    tsconver Well-Known Member

    Joined:
    Nov 3, 2007
    Location:
    Durham, NC
    As stated it is a federal law that out-of state handgjn transfers have to go through a licensed federal firearms holder in the state of residence for the person receiving the firearm. This is federal.
     

Share This Page