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what are the laws regarding...

mwester89mwester89 Member Posts: 186 ✭✭✭
edited December 2008 in Ask the Experts
face to face private transfers, are there any laws or regulations concerned with a private purchase/trade of a firearm, is it legal as long as buyer and seller are over 18?
thanks
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Comments

  • bpostbpost Member Posts: 32,669 ✭✭✭✭
    edited November -1
    Check your state laws. Most states prohibit transferring a handgun to someone under 21.
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  • perry shooterperry shooter Member Posts: 17,105 ✭✭✭
    edited November -1
    Hello It is up to the seller to determine if the buyer can legally own a firearm. If you knowing sell to say a convicted felon then you are breaking the law. I always ask and get buyer to sign a receipt. . This is one of the reasons why we have a so called loop hole in face to Face as well as private sales at gun shows . The BATFE will not allow the private citizen to do a background check.
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  • vicg1vicg1 Member Posts: 1,033 ✭✭✭✭✭
    edited November -1
    quote:Originally posted by perry shooter
    Hello It is up to the seller to determine if the buyer can legally own a firearm. If you knowing sell to say a convicted felon then you are breaking the law. I always ask and get buyer to sign a receipt. . This is one of the reasons why we have a so called loop hole in face to Face as well as private sales at gun shows . The BATFE will not allow the private citizen to do a background check.


    Rhetoric like this is gun banner talk.

    There is no loop hole at gun shows or anywhere else... if the laws state it is legal to sell to someone privately then that is the law, not a loop hole. It is not your responsibility to determine if the buyer can legally own a firearm... it is only your responsibility to not sell IF YOU KNOW THE PERSON IS PROHIBITED. They are two very different things.
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  • 11b6r11b6r Member Posts: 16,584 ✭✭✭
    edited November -1
    Mike- Federal law does not apply to two private citizens that are not FFL holders that are in their own state- other than obviously "prohibited persons" cannot buy or possess from anyone. However, I see from your profile you are in NC. NC does have state laws that apply to sales (handguns) between private parties. follow link: http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

    Disclaimer= I am not a lawyer. I don't play one on TV, and I did not stay at a Holiday Inn Express last night. If you need serious legal advice, I am not it.
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