[Gun lover]

And how do they plan to justify that under Article 1 Section 8?

For example... If I buy a gun from PSA, it never leaves SC and I then privately sell it to another resident of SC then it has never passed in interstate commerce.

In fact... If this passes, I will do everything in my power to challenge it on exactly those grounds.

And where did PSA get this gun from if it comes from a manufacture in another state then it did pass in interstate commerce

 

[Gun lover]

But, the law for a pistol does require a PPP or a CCW be checked. When moved to long guns, then yeah...

One of the most depressing talks I've ha to have was when I saw a district attorney friend of mine claim on FB that to buy a pistol in nc you just have to show your license and the money. I found it horrifying that I had to point out how the law, which she should be an expert on, was not at all what she was claiming it to be. What's worse, is that she is the one pressing charges on crap...and she herself didn't know something as basic as "what is the legal way to purchase a firearm." She ate a lot of crow.

There is no such law in NC the law only says that the buyer must have a PPP from the sheriff or a CHP no where does it require you to see the permit or keep a copy. Now that may have been the idea behind the law but that is not what it says.

§ 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.

It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

(b) This section does not apply to an antique firearm or an historic edged weapon.

(c) The following definitions apply in this Article:

(1) Antique firearm. - Defined in G.S. 14‑409.11.

(2), (3) Repealed by Session Laws 2011‑56, s. 1, effective April 28, 2011.

(4) Historic edged weapon. - Defined in G.S. 14‑409.12.

(5) through (7) Repealed by Session Laws 2011‑56, s. 1, effective April 28, 2011. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1; 2009‑6, s. 2; 2011‑56, s. 1.)

 

[Gun lover]

One of these days the NC statute will be written more specifically about keeping the bill of sale. It is obvious the intent is for the seller to keep it. One permit, one sale is the intent. I'm assuming someone in the government never backed on people not doing it because they didn't add in the words "keep the permit" what are you going to do when they figure that one out? Keep the permit cannot be equated to a government data base because if I keep you permit it doesn't say what gun you bought from me. Nor does me as a seller doing a bill of sale. The government does not know if I did a bill of sale and I may not be inclined to bring it up unless my own ass in on the line for something. What does a notarized letter that says I sold my gun do other than nothing? No more than scribbling on a notepad that you sold the gun on X day.

Have you read the law I see nothing about you keeping the permit in fact I see just the opposite since a CHP is just as good as a PPP from the Sheriff I don't think anyone would let you keep their CHP.

§ 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.

 

[Gun lover]

Did you even read what I said? The words "keep the permit" are not in the statute. I said that aleady.

Yes I did you said qoute "It is obvious the intent is for the seller to keep it" I see no such intent

 

[Gun lover]

If you read the rest of the statute and not just one little section and apply some critical thinking you would see there is intent. As an example, the fact that you use one permit per purchase implies it.

Ok here it is just as I posted on page 3 the rest of the statute deals with mail service and has nothing to do with face to face sales.

§ 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.

It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

(b) This section does not apply to an antique firearm or an historic edged weapon.

(c) The following definitions apply in this Article:

(1) Antique firearm. - Defined in G.S. 14‑409.11.

(2), (3) Repealed by Session Laws 2011‑56, s. 1, effective April 28, 2011.

(4) Historic edged weapon. - Defined in G.S. 14‑409.12.

(5) through (7) Repealed by Session Laws 2011‑56, s. 1, effective April 28, 2011. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004‑183, s. 1; 2004‑203, s. 1; 2009‑6, s. 2; 2011‑56, s. 1.)

 

[Gun lover]

And actually, I can't see anything in the statue that says you must have one pistol permit per pistol purchase either. It would instead seem to indicate that you could buy one permit, then buy as many pistols as you want with that one permit. If we as sellers do not take the permit.

You have to look at the statute for the permit its self for that.

§ 14‑403. Permit issued by sheriff; form of permit; expiration of permit.

The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation in any county a license or permit to purchase or receive any weapon mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the weapon. The license or permit shall expire five years from the date of issuance. The license or permit shall be in the following form:

North Carolina,

______________ County.

I, ______________, Sheriff of said County, do hereby certify that I have conducted a criminal background check of the applicant, ______________ whose place of residence is ______________ in ______________ (or) in ______________ Township, ______________ County, North Carolina, and have received no information to indicate that it would be a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a license or permit is issued to ______________ to purchase one pistol from any person, firm or corporation authorized to dispose of the same.

This license or permit expires five years from its date of issuance.

This ____ day of ____________, ________.

__________________________________________

Sheriff.

(1919, c. 197, s. 2; C.S., s. 5107; 1959, c. 1073, s. 2; 1981 (Reg. Sess., 1982), c. 1395, s. 3; 1995, c. 487, s. 1; 1999‑456, s. 59.)

 

[Gun lover]

This shouldn't be a suprise, but the statue and the DOJ handbook aren't exactly in line on this. I posted the revised DOJ handbook, which clearly states that purchase permits are to be taken by the sellers of handguns. The statue does not spell this out. Link: http://www.carolinashootersclub.com/threads/1613-North-Carolina-Firearms-Laws

The DOJ can write what ever they want but that wont change what the law says. The law is the NCGS as passed by the NC House and Senate and signed into law by the governor not the DOJ