[TheCrazedOrganist]

Hi all. If I understand N.C. law correctly, the pistol permit-to-purchase laws don't apply to guns you already own. I'm leaving California in less than two weeks and was wondering if it would be possible for me to buy a gun I have my eye on and have it shipped out to an FFL in North Carolina for pickup (I wouldn't be here for the duration of the CA-mandated waiting period). Would an FFL in N.C. refuse to release the firearm to me on the grounds that I would not yet be an established resident of NC and I haven't waited 6 months for a permit-to-"purchase"?

In the end I don't really mind waiting the six months, but it'd be nice to have a new toy to play with when I get there!

 

[rantingredneck]

That's an interesting question and one you'll probably get about 50 different opinions on here. I could argue it both ways myself.

My advice, get in contact with a NC FFL local to your intended destination and ask them before you lay the money down for the new toy there in CA.

 

[rantingredneck]

We do have a couple of FFL's here on the board that may have info for you.

Catman253 or purple88yj ????

 

[TheCrazedOrganist]

Thanks!

 

[Glockster]

From what I understand. You would still need a pistol permit in order to have the FFL release the firearm to you. Here in mecklenburg county you only have to be a resident for 30days in order to get a purchase permit.

 

[TheCrazedOrganist]

From what I understand. You would still need a pistol permit in order to have the FFL release the firearm to you. Here in mecklenburg county you only have to be a resident for 30days in order to get a purchase permit.

Cumberland County has a "good character" requirement that requires a person to have known you for six months.

 

[Glockster]

Cumberland County has a "good character" requirement that requires a person to have known you for six
months.

Dang that sucks. Another reason the NC pistol permit system is stupid. It just allows the local sheriff to make up there own rules within there county.

 

[nitro]

Would it be possible for you to stay in a hotel for a few days in CA until you receive the weapon? You'd be legal to ship it to your new home in NC (or just fly home with it).

 

[613jmm]

I know for a fact that you would have to get a permit. Even if you pawn a gun, you need a permit to get it back. I once put a gun on consignment at a gun shop and it didn't sell for about three weeks so I pulled it off the market. I had to fill out a 4473, and luckily I already had my CHP, in order to get it back. I would have been pissed if I had to waste a permit getting my own back. I was pissed because they didn't mention that I would need a permit to get it back when I first approached them about putting it on consignment.

You would be better off buying the gun in CA, and bringing it with your personal belongings. Granted you probably can't do that with the mandatory waiting period, which is probably why you asked to begin with.

 

[Walt Sherrill]

When moving guns across state lines, just ordering a gun and having it shipped somewhere doesn't make you the owner. You don't really own that gun until an FFL completes the transfer, from the seller to you.

(California has limits on what guns can be purchased for use in the state, and they have the dumb 10-round mag limit. This guy may have had good reasons to ship it to NC for later pickup.)

 

[NC Bullseye]

Just two things to remember, you can only receive a handgun from a FFL in the state of your residence and for NC you need either a CHP or a pistol purchase permit for a handgun purchase so let that be your guide.

 

[TheCrazedOrganist]

Well, sounds like I'm out of luck. Thanks for the input and clarification about needing a permit to take delivery from an FFL. On the plus side, Christmas presents from the family dog are always nice. :w00t:

 

[Rusty Shackleford]

N.C. Gen. Stat. § 14-404(d)
...
D. Temporary Transfers of Firearms
The transfer of a pawned firearm from a licensed pawnbroker back to the owner of the firearm is subject to the requirements of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm. It is the opinion of the BATF that a consigned handgun which is not sold by the licensed dealer and is subsequently returned to its true owner, is subject to the Brady Law.
Source: http://www.grnc.org/firearms.htm

 

[613jmm]

N.C. Gen. Stat. § 14-404(d)
...
D. Temporary Transfers of Firearms
The transfer of a pawned firearm from a licensed pawnbroker back to the owner of the firearm is subject to the requirements of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm. It is the opinion of the BATF that a consigned handgun which is not sold by the licensed dealer and is subsequently returned to its true owner, is subject to the Brady Law.
Source: http://www.grnc.org/firearms.htm

That is extremely outdated. This is what that current statute listed says.

"§ 14‑404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee....
(d) Nothing in this Article shall apply to officers authorized by law to carry firearms if the officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and state that the purpose for the purchase of the firearms is directly related to the law officers' official duties."

Even if the statute is still written that way( I am still looking for it), it makes no sense because it states that a person redeeming a firearm in either case, pawn or consignment, is subject to NICS check or an alternative. Then it goes on to say that a person does not have to get a gun permit, but the state doesn't allow a dealer to perform a NICS check for a handgun, and the only alternatives by state law are a permit to purchase, a CHP, or LEO credentials. If dealers can't do NICS checks for handguns, and the state law cited states you aren't required to get a permit, how are some people supposed to get their handgun back?

Plus keep in mind the source. These are the guys that sent out flyers supporting a candidate to the house, but spelled his name wrong on the flyer four times.

 

[chiefjason]

From the AG FWIW.

. WHEN I REDEEM MY PAWNED PISTOL, DO I NEED TO OBTAIN A NORTH CAROLINA STATE

PISTOL PERMIT BEFORE RECEIVING MY HANDGUN?

ANSWER: No. North Carolina does not require the owner to have a state

pistol permit prior to redeeming his or her pawned pistol.

Federal law, however, would require a NICS inquiry or

suitable alternative prior to redemption.


Forget the purchase permit. Establish residency, take the CC class, wait till you have proof of 30 days residency, and submit the paperwork to the Sheriff. Unless I am reading wrong, or things have changed, you are eligible to apply for the CC permit with 30 days of residency. Might want to check with the Sheriff to see what they require as proof of residency. And you should be able to take the class before establishing the 30 days residency to try to speed things up. Just a thought. Once you get the CCP you no longer need purchase permits.

 

[613jmm]

From the AG FWIW.

. WHEN I REDEEM MY PAWNED PISTOL, DO I NEED TO OBTAIN A NORTH CAROLINA STATE

PISTOL PERMIT BEFORE RECEIVING MY HANDGUN?

ANSWER: No. North Carolina does not require the owner to have a state

pistol permit prior to redeeming his or her pawned pistol.

Federal law, however, would require a NICS inquiry or

suitable alternative prior to redemption.

Forget the purchase permit. Establish residency, take the CC class, wait till you have proof of 30 days residency, and submit the paperwork to the Sheriff. Unless I am reading wrong, or things have changed, you are eligible to apply for the CC permit with 30 days of residency. Might want to check with the Sheriff to see what they require as proof of residency. And you should be able to take the class before establishing the 30 days residency to try to speed things up. Just a thought. Once you get the CCP you no longer need purchase permits.

Again, that is doublespeak. NC does not allow a NICS check in lieu of a pistol permit. If you don't have a CHP, or are not LE, you must get a pistol permit in order to redeem your handgun.

What the AG is saying is true. NC state law does not require you to get a permit. But since state law requires you to get a permit, or already have a CHP, in order to meet the federal NICS requirement, you still have to get a permit. This is a perfect example of slimy back-handedness.

The key word here is, "HOWEVER"

 

[Rusty Shackleford]

Okay, let's go this direction....

"D. Temporary Transfers of Firearms
The transfer of a pawned firearm from a licensed pawnbroker back to the owner of the firearm is subject to the requirements of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm."

Source: http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx

Also, taken from the same document:
"This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date."
...
"REVISED JANUARY 2010"

This is NOT saying that the NICS check is in lieu of a purchse permit. What it is saying is that to redeem a handgun that is ALREADY YOURS, doesn't require a purchase permit. The only requirement is the NICS check to make sure you haven't screwed up and shouldn't be allowed to possess it. The NICS check is simply to meet Brady, which says nothing of a purchase permit, only the NICS check. You don't get a pistol purchase permit to meet the requirements of a NICS check, the NICS check is perhaps one of the things done to make sure you can get a purchase permit, but NOT the other way around.

 

[613jmm]

Okay, let's go this direction....

"D. Temporary Transfers of Firearms
The transfer of a pawned firearm from a licensed pawnbroker back to the owner of the firearm is subject to the requirements of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm."

Source: http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx

Also, taken from the same document:
"This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date."
...
"REVISED JANUARY 2010"

This is NOT saying that the NICS check is in lieu of a purchse permit. What it is saying is that to redeem a handgun that is ALREADY YOURS, doesn't require a purchase permit. The only requirement is the NICS check to make sure you haven't screwed up and shouldn't be allowed to possess it. The NICS check is simply to meet Brady, which says nothing of a purchase permit, only the NICS check. You don't get a pistol purchase permit to meet the requirements of a NICS check, the NICS check is perhaps one of the things done to make sure you can get a purchase permit, but NOT the other way around.

For the third time. It IS saying that NC does not require you to get a permit. It is saying that in order to comply with federal law, a NICS check, or an alternative to the NICS check, must be performed. In NC, the only alternative to the NICS check that is allowed for the purpose of transferring a handgun is the permit system. Unless you already have a CHP or you are an LEO. If you are picking up your long arm, FINE, you are walking out after a NICS check phone call. But that is not the case with a handgun.

It is just laying blame on the federal requirement, by pointing out that it is not an NC requirement that you get a permit. And yes you do get a pistol permit to meet the requirements of a NICS check. It says so, right in the document you cited. You can have 1 million "moral character" references and no record in your county. But as soon as you pop up as a criminal on the NICS system, the sheriff is going to deny your permit. Why? Because you didn't meet the requirements of the permit system, which includes a NICS check. That makes the NICS check a requirement of the NC permit system.

 

[Glockster]

Okay, let's go this direction....

"D. Temporary Transfers of Firearms
The transfer of a pawned firearm from a licensed pawnbroker back to the owner of the firearm is subject to the requirements of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm."

Source: http://www.ncdoj.com/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/2007-NC-Firearms-gun-Laws.aspx

Also, taken from the same document:
"This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date."
...
"REVISED JANUARY 2010"

This is NOT saying that the NICS check is in lieu of a purchse permit. What it is saying is that to redeem a handgun that is ALREADY YOURS, doesn't require a purchase permit. The only requirement is the NICS check to make sure you haven't screwed up and shouldn't be allowed to possess it. The NICS check is simply to meet Brady, which says nothing of a purchase permit, only the NICS check. You don't get a pistol purchase permit to meet the requirements of a NICS check, the NICS check is perhaps one of the things done to make sure you can get a purchase permit, but NOT the other way around.

You are correct about this. When my friend picked up his handgun from the police department. He didn't need to get a purchase permit to get it back. All he had to do was fill out the 4473 and they ran a NICS check to make sure he can legally possess the gun. Then they gave it to him and he was on his way. The purchase permit is just to take place of the NICS check for people buying a gun not a gun you already own. That's why they call it a "purchase permit"

 

[Rusty Shackleford]

For the third time. It IS saying that NC does not require you to get a permit. It is saying that in order to comply with federal law, a NICS check, or an alternative to the NICS check, must be performed. In NC, the only alternative to the NICS check that is allowed for the purpose of transferring a handgun is the permit system. Unless you already have a CHP or you are an LEO. If you are picking up your long arm, FINE, you are walking out after a NICS check phone call. But that is not the case with a handgun.

It is just laying blame on the federal requirement, by pointing out that it is not an NC requirement that you get a permit. And yes you do get a pistol permit to meet the requirements of a NICS check. It says so, right in the document you cited. You can have 1 million "moral character" references and no record in your county. But as soon as you pop up as a criminal on the NICS system, the sheriff is going to deny your permit. Why? Because you didn't meet the requirements of the permit system, which includes a NICS check. That makes the NICS check a requirement of the NC permit system.

Just because you say something "for the third time" doesn't make it so. Your contention is that you have to get a purchase permit to pass a NICS check? That's 100% preposterous. Hells bells, you so much as say that yourself! To buy a long gun, you must pass a NICS check. Now ask yourself, DID YOU GET A PISTOL PERMIT TO DO SO? While you may have to pass a NICS check to get a pistol purchase permit, a pistol purchase permit is NOT, repeat NOT a part of a NICS check.

You actually state as much in your own answer....
"It is saying that in order to comply with federal law, a NICS check, or an alternative to the NICS check, must be performed."
The only reason the alternative comes into play is that if you have a CHP OR a purchase permit, you can skip the NICS check to satisfy the fed requirements. It isn't saying you HAVE to have a purchase permit, it is saying that is an ALTERNATIVE to it.
The thing you can't seem to get your head around is that is as far as it goes. The feds say a NICS check or an alternative that satisfies Brady. In NC, that is either a CHP OR a purchase permit. NC says that is as far as they require. No pistol permit, no tax audit, no road test, NOTHING MORE!. Done.