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Question about legality of selling guns -Part Deux
scottw182
Member Posts: 8 ✭✭
Sorry about last time, I didn't realize it was going to be so complicated, and by the time I got back to the thread it was already reaching the maximum # of posts. Somebody suggested starting a new thread with all of the necessary information, so here I am. Here's a link to the previous thread if you want to catch up:
http://forums.gunbroker.com/topic.asp?TOPIC_ID=407270
The guns will be sold in Mocksville, NC. It will be a face-to-face transaction with somebody I know locally. I have no idea who the guns are "officially" registered to, my father-in-law bought them from a friend, and then gave them to me; no re-registering occurred. They are NOT stolen. I do not have any kind of permit, but will get one immediately if I find out I need one (for the record, the guns are still in my father-in-laws possession, and he does have a permit).
The two guns are:
1) Stoeger 12 gauge double barrel coach gun
2) Mossburg 500A 12 gauge pistol grip
If any additional information is needed, please let me know. Just 1 person please let me know, so the topic doesn't get flooded and locked again. Thanks.
http://forums.gunbroker.com/topic.asp?TOPIC_ID=407270
The guns will be sold in Mocksville, NC. It will be a face-to-face transaction with somebody I know locally. I have no idea who the guns are "officially" registered to, my father-in-law bought them from a friend, and then gave them to me; no re-registering occurred. They are NOT stolen. I do not have any kind of permit, but will get one immediately if I find out I need one (for the record, the guns are still in my father-in-laws possession, and he does have a permit).
The two guns are:
1) Stoeger 12 gauge double barrel coach gun
2) Mossburg 500A 12 gauge pistol grip
If any additional information is needed, please let me know. Just 1 person please let me know, so the topic doesn't get flooded and locked again. Thanks.
Comments
To answer your question directly, there is no registration of long guns in NC. (Handguns are different.) NC is a "state pre-emption" state, where only state, not city/county, gun laws are permitted. You can transfer your long guns to a dealer in any state, or to a resident of your state, as long as you do so in accordance with Federal & NC law. (Buyer must be an adult, no mental history, no drug use, no felony conviction, etc.) You probably want to photocopy his drivers license so that you can always prove that he is a NC resident.
Personally, I no longer do FTF sales to nonlicensees. I know several folks with OLD felony convictions who never served a day in jail, but their offense was punishable by > 1 year in jail. These folks cannot own firearms. Other problems you may or may not know about could prove troublesome; better to have an FFL handle the transaction, & remove any risk. Just my thoughts.
Neal
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf
With this information in hand I felt that I had done due dilligence.
Neal
[/quote]
Sorry for busting in here. Where does a person find out about "state pre-emtion"? Does Wyoming have this?
I have found the following link to be the most informative source, as it links to the actual wording of the statues in question.
http://www.gunlaws.com/links/
From what I can tell, there is no restriction on FTF long-gun transfer in NC, as Neal has stated, though his and my perspectives differ. In my state the burden of proof is on the buyer, not the seller. Obviously one does not want to sell a weapon to someone that would use it to harm someone, but our statutes are specific in that the a sale can take place so long as the seller 'has no reason to believe' that the buyer is disqualified. You will want to determine if the burden of establishing disqualification is on you or the buyer.
Brad Steele
If your to frightened/paranoid about selling them to a acquaintance with just a BOS, either hold on to them or sell them to one of the local sporting goods stores, being their shotguns they would be happy to buy them.
Other then that theres not much else we can do for you, as you have been given the link to the NC firearms regs, and a of resident of NC has explained what steps he took when selling his rifle.
carbine100: Thanks for the link, that helps a lot.
Don McManus: Another great link, thanks! Also, thanks for pointing out the issue of who the burden should fall upon, I'll look into that.
rufe-snow: That's about what I was hoping/expecting to get for them anyway, so that's fine. I'm not frightened/paranoid, I just want to make sure I'm following the law.