Private Sale Pickup from FFL

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I apologize for the question, but it is necessary.

OK. The background: I'm 19, clean record, not restricted from owning a firearm (current Active Duty Army). Unfortunately, the great state of North Carolina sees fit to over watch every single person wanting to purchase a handgun, even though possession of a handgun is legal at 18-20, and its already illegal by Fed law to buy a handgun from a FFL. I have to contend with convincing the Sheriff to allow me to purchase a Pistol Purchase Permit. I know that has been beat to death already, so I'll just spit it out.

I'm 19. I want to buy a handgun in a "private" transfer online and have it delivered to a local FFL.

IF I can get a Pistol Purchase Permit from the Sheriff, is it possible to pick up said handgun from the FFL, at 19, or is it still 21 to even pick up from the FFL? Its "technically" a private transfer, the FFL is just making sure I'm legal to own. Right?

I need to know this before I do any shopping on Gunbroker.com and the like. Thank you.

SPC John V.
 
It is against the Federal law to transfer the handgun to you by an FFL regardless of who the handgun purchase was from. It must be a true, face to face, private sale from a resident of your own state.

When you purchase a firearm and have it go through an FFL, that FFL must meet all requirements to transfer the firearm to you just as if you had purchased it from the FFL, including all background checks, wait times, restrictions on quantity, age limits, etc, as defined by both Federal Law and the state the transferring FFL is in.
 
For those in the "grey zone" of 18 to 21, your options are to purchase locally in a private transaction. This is not illegal. I understand in NC that still requires a "permit to purchase" or such - the $5 thing from the sheriff.
 
Someone correct me if I am wrong, but I think you have to be 21 to obtain a Permit to Purchase a pistol in North Carolina....

Also, even a FTF in North Carolina requires that the seller obtain a Permit to Purchase from the buyer.
 
Nope. There is no age limit for the permit. However, it is up to the sheriff's discretion, according to (a) (2) below. However, a refusal of a permit based solely upon age must have the cause of the refusal permitted in writing to the applicant and may be appealed to the district court (b) below. I have heard that many sheriffs consider <21 to be good cause to deny the permit.


§ 14‑404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.

(a) Upon application, the sheriff shall issue the license or permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a sheriff can issue a permit to a nonresident, when the sheriff has done all of the following:

(1) Verified, before the issuance of a permit, by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The sheriff shall determine the criminal and background history of any applicant by accessing computerized criminal history records as maintained by the State Bureau of Investigation and the Federal Bureau of Investigation, by conducting a national criminal history records check, by conducting a check through the National Instant Criminal Background Check System (NICS), and by conducting a criminal history check through the Administrative Office of the Courts.

(2) Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant.

(3) Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for (i) the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.

(b) If the sheriff is not fully satisfied, the sheriff may, for good cause shown, decline to issue the license or permit and shall provide to the applicant within seven days of the refusal a written statement of the reason(s) for the refusal. An appeal from the refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal, and shall be final.

(c) A permit may not be issued to the following persons:

(1) One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and who is later pardoned may obtain a permit, if the purchase or receipt of a pistol or crossbow permitted in this Article does not violate a condition of the pardon.

(2) One who is a fugitive from justice.

(3) One who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. section 802).

(4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.

(5) One who is an alien illegally or unlawfully in the United States.

(6) One who has been discharged from the armed forces under dishonorable conditions.

(7) One who, having been a citizen of the United States, has renounced his or her citizenship.

(8) One who is subject to a court order that:

a. Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

b. Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and

c. Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

(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.

(e) The sheriff shall charge for the sheriff's services upon issuing the license or permit a fee of five dollars ($5.00).

(f) Each applicant for a license or permit shall be informed by the sheriff within 30 days of the date of the application whether the license or permit will be granted or denied and, if granted, the license or permit shall be immediately issued to the applicant. (1919, c. 197, s. 3; C.S., s. 5108; 1959, c. 1073, s. 2; 1969, c. 73; 1981 (Reg. Sess., 1982), c. 1395, s. 1; 1987, c. 518, s. 1; 1995, c. 487, s. 2; 2006‑39, s. 1; 2006‑264, s. 4.)
 
So North Carolina will issue a permit to purchase something to someone who cannot legally purchase that thing? I find that hard to believe.
 
No, I am sure they won't. However, it is legal for an 18 year old to purchase a handgun in North Carolina from a private individual as long as they have been issued the permit. The law is written right there, though, and there is no age limit specified.
 
Here is the NC law that makes it illegal to sell a handgun to a minor under the age of 18:

§ 14‑315. Selling or giving weapons to minors.

(a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.

(a1) Sale of Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:

(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3) The handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:

(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.

(2) The person reasonably believed that the minor was not a minor.

(3) The person either:

a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or

b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age. (1893, c. 514; Rev., s. 3832; C.S., s. 4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)



§ 14‑315.1. Storage of firearms to protect minors.

(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

(1) Possesses it in violation of G.S. 14‑269.2(b);

(2) Exhibits it in a public place in a careless, angry, or threatening manner;

(3) Causes personal injury or death with it not in self defense; or

(4) Uses it in the commission of a crime.

(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.

(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.

(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
 
ive been looking for an answer to this for a while... i have yet to see ANY cases where a sheriff issued a permit to anyone under 21... in cases of inheritance or gifts, it is certainly legally possible... but damned if i can find any reference to how... my guess is that you are best off talking to either a firearms lawyer or an estate lawyer... preferably a lawyer that is familiar with both
 
in cases of inheritance or gifts, it is certainly legally possible... but damned if i can find any reference to how

I am just curious as to why there seems to be, at least an implied, belief that it is illegal for an 18-20 year old person to PURCHASE a handgun (from a private party, not an FFL), assuming, in NC, they can obtain the permit. I would really like to see a financially blessed young person who has been a model citizen to apply for the permit and then take the appeal to court because they were denied based solely upon age.

At least there are only a couple of states where gun ownership is based upon the opinions of a single individual - the sheriff - an there are no legal guidelines present other than the sheriff's "reasonable belief" that the applying person is of good moral character. It makes me want to :barf:
 
NavyLT- I will be posting upon receiving my letter from the DA in regards to that.

The short story? Its worked out and possible...at least it is in Cumberland County. The other counties have it in writing online that you have to be 21. And yes, the sheriff can deny you for any reason, but he has to submit in writing why, and then you can appeal it.

If I am denied because of my age, I will very much take it to appeal.

And I totally agree.

Carry on.
 
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