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Old 08-06-2009, 03:38 PM
 
157 posts, read 307,112 times
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What is the proper, legal way to sell a registered handgun (individual to individual) in North Carolina and be fully compliant with the law?

What is the best way to sell a gun? As far as I know, craigslist does not allow them to be listed.
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Old 08-06-2009, 09:02 PM
 
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In the state of NC in order to sell a handgun, you must sell it to someone with a FFL (federal firearms license) or a pistol purchase permit. If they have a FFL you should get and keep a record of the sale. If you do a private sale, it must be transfered through a FFL dealer. This is as simple as going to their place of business and they put the firearm in their books. The purchaser must fill out the forms and provide a purchase permit.

As to how to sell what you have.... depends on what you're selling. They have the Dixie Gun and Knife show every four months at the fairgrounds.... it is a good place to start.
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Old 08-06-2009, 09:17 PM
 
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Thanks for that information. How would I go about selling at the show, other than trying to sell to a dealer? The handgun seems to be a popular one that should be relatively easy to sell.
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Old 08-06-2009, 09:33 PM
 
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Walk around with a for sale sign listing what you're selling and your price. Many of the dealers there have FFLs and can transfer the firearm at the show. MAKE SURE YOU CHECK CREDINTIALS!!!! ATF is at the show and will try and buy a gun without a permit and you will be arrested.

One more thing.... I THINK that a conceal carry license can be used as a purchase permit, but I am not sure of this since I do not have one and was out of the firearm business before they were allowed in NC. Any of the dealers at the show should be able to confirm this.
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Old 08-06-2009, 10:56 PM
 
Location: Fayetteville, NC
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A couple of points. Handguns are not "registered" in NC.

You can sell to a resident of NC who gives you a valid pistol purchase permit from thier county of residence. Or the permit is not needed if they have a concealed carry license. A bill of sale with their info is a good thing to keep too.

Transactions do NOT need to go though a FFL dealer.

If you sell to a dealer at a shop or show they must have an FFL 01 license.

Try this link from the NC DOJ. Don't trust internet forum advice.
http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf


or this from the General Statues

http://www.ncga.state.nc.us/EnactedL...ticle_52A.html


Oh! And the Raleigh gun show is this weekend at the fairgrounds.

Last edited by faabala; 08-06-2009 at 11:08 PM..
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Old 08-07-2009, 11:13 AM
 
157 posts, read 307,112 times
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faabala, you're exactly right. I have talked with NCDOJ and with BATF, and both confirm that a sale to a private individual does not have to go through a firearms dealer. A comment both made was that if a concealed carry permit is accepted as proof of eligibility to purchase a handgun, be sure to obtain sufficient identification to establish that the person with the permit is the person s/he claims to be. DOJ said to make a copy of the permit. Both said to make a bill of sale and include the permit information. (If a buyer uses a handgun permit, the seller retains the original permit.)
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Old 08-07-2009, 11:22 AM
 
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H. IF I BUY A HANDGUN FROM AN INDIVIDUAL WHOM I HAVE KNOWN FOR A NUMBER OF
YEARS AND WHO DOES NOT HAVE A CRIMINAL RECORD, DO I STILL NEED A PERMIT?
ANSWER: Yes. North Carolina General Statute 14-402 does not make
any exception for the receipt or purchase of a handgun from a
private individual as opposed to a firearms dealer. Therefore,
a pistol purchase or North Carolina concealed carry permit is
necessary before the transfer of any handgun can take place.


I am sorry, I was mistaken. It is legal to transfer a firearm to someone you know to be stable, sane and not a criminal.


The "catch" here is that you as an individual are saying that you personally know this person and are willing to vouch for them. Sorry, but in this day and age, with so many sue happy individuals, it is smart to make the transaction through a FFL dealer. It only costs 20-50 dollars and can take you out of the equation of liability. So unless you know who you are transferring the ownership to, I would go through a FFL dealer.




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Old 08-07-2009, 11:41 AM
Status: "Nice and toasty!!" (set 12 days ago)
 
Location: Mile High City
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Good info as I was thinking of letting my .357 S&W hammerless revolver go..
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Old 08-07-2009, 01:44 PM
 
Location: Fayetteville, NC
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rockinmomma,

I think you are bit too cautious. The Sheriff does those checks hence the permits.

Of course If I had an 01 FFL and not a 03 FFL (like I do) then I would want to pick up that $20-$50 transaction fee from everybody's transfers.

Private transfers of firearms is a right we should protect and not give in to the "antis" agenda to force all transactions to go though dealers. That is right out of thier playbook.
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Old 08-07-2009, 05:20 PM
 
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Way back when.... my company used to sell firearms. The ATF/news/families of victims... came to us demanding answers as to why we sold ammo to a certain person and he in turn opened fire on a college campus. And there is no regulation (other than age)on ammo. Our company had decades of experience with ATF and knew how to handle the situation. A novice selling a firearm may not know all their rights and are more likely to be scared into a settlement. A permit is good for five years.... many things can happen in five years.

Maybe I am a little too cautious. I am in no way an "anti", but I am going to look out for myself.

Last edited by rockinmomma; 08-07-2009 at 05:29 PM.. Reason: age restriction on ammo
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