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How to: Sell a handgun in NC to a citizen

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62K views 28 replies 12 participants last post by  RK3369  
J
#1 ·
Hey Kenny,

College student = crunched for cash so: I want to sell my new full size handgun so I can purchase a compact pistol that would serve both CCW and home defense needs. What's the best way to sell a hangun to a private citizen?

Jon
 
#2 ·
No Papers No Pistol

Good question Jon,
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)

If you do not get a purchase document from the purchaser, you can get charged with a class 2 misdemeanor.

Thanks
Kenny
 
#4 ·
That is correct, good point johnr, but jdmungen is an individual that is a NC resident, and looking to sell to a NC resident. If you want to be 100% sure, you can go through a FFL, but it will cost the buyer a few extra bucks. Then it's transfered to the FFL's books and then sold to the buyer and all liability falls on the FFL. Some guys only do it this way, and it might be worth your peace of mind. Just a thought. Or just stick with the old school paperwork.

jdmungen, What are you trying to sell anyway? Just keep it and get a good carry holster and don't loose any green!!! I'll help you if you need some holster suggestions.

Kenny
 
J
#5 ·
FNP 9mm (#47828 + shooter pack w/ holster, dual mag holder, and training barrel). Less than 300 rounds put through it. I figure why pay ~$1200 for two guns when I can sell the first and almost pay for the second. A gundealer would try to give me $350, a $250 depreciation for a gun owned for about a month!

Anyway, I'm picking up my m&p 9c in a few hours. You know where I could post a for sale sign (Craigslist, gunbroker, gunshops)?

jon
 
O
#9 ·
ken@cigr said:
Copy of CCH Permit, Drivers License, and bill of sale including make, model, & serial number of gun, date of sale and signed by both parties. I usually make up 2 originals so neither party just gets a photocopy. Keep for life.

thanks
Kenny
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Thanks for the info. My grandfather gave me a pistol from his collection as a gift, and he only asked me for a photocopy of my CCW + Drivers license for his records. We didn't do a bill of sale or anything. Should I get with him about that, or what kind of trouble might I run into down the road if I don't have it? He said he talked with his sheriff about gifting me the pistol and the sheriff just said, give it to him and get copies of CCW and driver's license so you can show where the pistol went.
 
#10 ·
What does a photo copy of a CCH and Drivers license tell you? It doesn't mean the copy was made with consent, there is no date when gun transferred, no info of make model or serial number of transferred gun. The possibilities are endless where this could lead. Lets say, God forbid, your Grandfather suffers from dementia in the future. Then truly believes his gun is stolen and files a report. The only proof of transfer is a copy of your drivers license and permit in your grandfathers sock drawer or in the trash. Get something in writing, yes it's family but it's still a good idea.

Kenny
 
#14 ·
10 years of free room & board for trafficking!

The Gun Control Act of 1968 (GCA or GCA68), Pub.L. 90-618, 82 Stat. 1213, enacted October 22, 1968 by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.

It has to be shipped to an FFL in the state it's going to be transferred to. Most FFL's won't receive firearms from individuals that are not FFL's. That means a transfer fee might be charged on both ends of the transaction and a shipping charge.

Kenny
 
#15 ·
ken@cigr said:
The Gun Control Act of 1968 (GCA or GCA68), Pub.L. 90-618, 82 Stat. 1213, enacted October 22, 1968 by president Lyndon Johnson, is a federal law in the United States that broadly regulates the firearms industry and firearms owners. It primarily focuses on regulating interstate commerce in firearms by generally prohibiting interstate firearms transfers except among licensed manufacturers, dealers and importers.
It has to be shipped to an FFL in the state it's going to be transferred to. Most FFL's won't receive firearms from individuals that are not FFL's. That means a transfer fee might be charged on both ends of the transaction and a shipping charge.
Kenny
Click to expand...
A Few Questions
1.If I am at a gun show, and someone wants to buy a pistol I am selling, is their paper permit from the Sheriff's office of their respective county good to buy anywhere in the state, not just in their county?
2. As far as gun shows go, what can you tell me about an individual selling a gun? This question is more about gun show rules and requirements and not the actual laws. Can an individual just walk around the property inside and out with a Gun for Sale sign? Are there copiers for public use to make copies of documents for the buyer and seller?
Is their a link you can give me to give me info specifically related to gun shows?
 
#16 ·
Hope this Helps

1.If I am at a gun show, and someone wants to buy a pistol I am selling, is their paper permit from the Sheriff's office of their respective county good to buy anywhere in the state, not just in their county?
Click to expand...
Purchase documents or permits as they are usually referred to, are valid across the state.

2. As far as gun shows go, what can you tell me about an individual selling a gun? This question is more about gun show rules and requirements and not the actual laws. Can an individual just walk around the property inside and out with a Gun for Sale sign?
Click to expand...
As far as I've seen, it varies from show to show, even at the same location. Greensboro Coliseum for instance, I went to the last show and saw numerous people walking around buying and selling. The show before that, I witnessed show staff hassling people inside and out for selling. I can't tell you about show rules but I do know that all state and federal laws still apply.

Are there copiers for public use to make copies of documents for the buyer and seller?
Click to expand...
If your the seller just make up 2 bills of sale before you leave the house and leave blanks for buyers name and any other info you want from him. In regards to a copier, I've never seen one.
 
#18 ·
OK. .
I am about ready to actually sell my hand gun. I have a couple questions.

Being that I will be getting a copy of the purchaser's Drivers License and Gun Permit for my official records, does the purchaser have the right to get a copy of my drivers license and my gun permit?

Also. are the any tips for verifying ID's should the purchaser have an ID and not a Drivers License?
 
#19 ·
How I Roll

I would think a buyer would want to know who they are purchasing a firearm from. Some times this might not be the case. If I was in the middle of selling a gun, and I asked the buyer what paperwork they wanted, and they didn't want any paperwork, there would be no sale. I would hope anyone you are planning on selling the gun to would want to know at least your name and address. If the gun that the buyer knows nothing about, was in fact stolen, he is talking federal prison for YEARS!!!!! I don't need to sell any gun that bad!!!! And don't need someone else's gun that bad either.
Everyone is different, but thats how I roll.

Hope I answered your question.
Kenny
 
#20 ·
Also. are the any tips for verifying ID's should the purchaser have an ID and not a Drivers License?
Click to expand...
I think the only difference between a NC state issued ID and a Drivers License is one says not for operation of a vehicle. But why doesn't this person have a license? DUI, aggressive driving, multiple speeding tickets, etc..... I rather that person not own one of my old guns.

Kenny
 
#21 ·
ken@cigr said:
I think the only difference between a NC state issued ID and a Drivers License is one says not for operation of a vehicle. But why doesn't this person have a license? DUI, aggressive driving, multiple speeding tickets, etc..... I rather that person not own one of my old guns.
Kenny
Click to expand...
I agree with you 100%. This is my first time selling a handgun. Just trying to cover my basis. I have Identity theft concerns if someone has a copy of my DL, CWP, and now my gun- legal or not.
 
#23 ·
There is no gun registration that is required in NC. Unless you live in Durham County. The only papers with the Sheriff are purchase documents or CCH Permit.
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)
Click to expand...
Hope this helps

Kenny
 
D
#24 ·
How to: Sell a handgun in NC Land to a citizen
jdmungen said:
Hey Kenny,

College student = crunched for cash so: I want to sell my new full size handgun so I can purchase a compact pistol that would serve both CCW and home defense needs. What's the best way to sell a hangun to a private citizen?

Jon
Click to expand...
alot of good info here I was thinking about getting rid of mine too but dont want to break the law
 
T
#25 ·
OracleMSU said:
Thanks for the info. My grandfather gave me a pistol from his collection as a gift, and he only asked me for a photocopy of my CCW + Drivers license for his records. We didn't do a bill of sale or anything. Should I get with him about that, or what kind of trouble might I run into down the road if I don't have it? He said he talked with his sheriff about gifting me the pistol and the sheriff just said, give it to him and get copies of CCW and driver's license so you can show where the pistol went.
Click to expand...
I asked the local sheriff's office last week about a gun I received from my grandfather before he passed away and there statement to me ewas: "Transactions between family member under NC law does not require any paperwork, that is considered a gift".
 
J
#26 ·
Kenny,
If I am in the military and stationed in NC, can I sell a pistol on gunbroker.com to someone NOT in NC? I am not looking for legal advice but any insight on the question would be helpful. Based on the N.C. Gen. Stat. § 14-402(a) law, it reads that you can't sell a pistol to someone in NC if they don't own a CCW. Therefore, if you are living in NC and sell a gun to someone via gunbroker.com to anyone in another state (let's say AZ). There should be no violations of the NC state law.
-James
 
#27 · (Edited)
jameskrause789 said:
Kenny,
If I am in the military and stationed in NC, can I sell a pistol on gunbroker.com to someone NOT in NC? I am not looking for legal advice but any insight on the question would be helpful. Based on the N.C. Gen. Stat. § 14-402(a) law, it reads that you can't sell a pistol to someone in NC if they don't own a CCW. Therefore, if you are living in NC and sell a gun to someone via gunbroker.com to anyone in another state (let's say AZ). There should be no violations of the NC state law.
-James
Click to expand...
This is an old post that originated back in 2009. I'm not sure but I don't think that Kenny participates on this forum any longer? His last post was in Feb 2016.

If gunbroker.com holds a Federal Firearms License (FFL) which I'm sure that they do. I don't see how it would be illegal for you to sell a pistol to an out of state resident through them. They would have to then ship the pistol to someone who holds an FFL within the purchaser's home state. At which point the filling out of Form 4473 a NICS background check and all applicable state laws regarding the purchase of that pistol would have to be followed.

The way I read that statute is that it applies to the sale of a pistol to another NC resident or selling to an out of state resident within the confines of NC. Such as a relative or friend that's visiting from out of state.
 
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