Gun Transfer Laws

adman02

Well-Known Member
Joined
May 15, 2009
Location
Durham, NC
OK. I know nothing about guns. I did take my first shooting lesson at Triangle Shooting Academy today and enjoyed it. I have questions though.

My father in law died two years ago and left behind three pistols. His wife (my mil) doesn’t want the guns. The guns are located in FL. I live in Durham. What is required for me to legally obtain possession of these guns?

Thanks for any help you guys can offer.
 
Ok, I may be missing something. Why can't you just prepare a bill of transfer with the models and serial numbers and both of you sign and date it. Then just drive back with your legally owned firearms.

This is a private sale and unless the Democrats snuck it through, there is no law requiring universal background checks. You can also legally transport your own firearms (bill of transfer as proof) across state lines.

The only issues will be if you don't like Florida or your Mother-in-law...
 
Southern_Transplant said:
Ok, I may be missing something. Why can't you just prepare a bill of transfer with the models and serial numbers and both of you sign and date it. Then just drive back with your legally owned firearms.

This is a private sale and unless the Democrats snuck it through, there is no law requiring universal background checks. You can also legally transport your own firearms (bill of transfer as proof) across state lines.

The only issues will be if you don't like Florida or your Mother-in-law...
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NC would still require a purchase permit for each pistol even with a private sale. That being said you're buying it privately in Florida so you would have to abide by their laws.
 
awheelterd said:
I would never do it, but I would guess someone could just drive down there and bring them back in a locked case.
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Why would you never do it? Too far to drive?

Southern_Transplant said:
Ok, I may be missing something. Why can't you just prepare a bill of transfer with the models and serial numbers and both of you sign and date it. Then just drive back with your legally owned firearms.

This is a private sale and unless the Democrats snuck it through, there is no law requiring universal background checks. You can also legally transport your own firearms (bill of transfer as proof) across state lines.

The only issues will be if you don't like Florida or your Mother-in-law...
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It could be that simple I suppose; I just don't know the laws. It seems weird that there are such stringent laws around buying a gun legally, but I could just "receive" a gun with no issues whatsoever.
 
Monkeynono said:
Not to take over this thread but what if I am moving to NC and own guns what do I need to do?
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Nothing. There are no registration laws in NC. You do have to take due care to make sure a minor doesn't have access to your firearms in your residence. That is a state law. Getting your CCW permit is way easier in NC than Jersey. Now if you have any NFA regulated items (except suppressors) you will have to file 5320.2 forms prior to crossing state lines.
 
Is she giving you the guns?
Just go get them. Nothing else needed.
Since there is no registration in NC no transfer is needed.
 
adman02 said:
Why would you never do it? Too far to drive?
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Because guns are bad and I would never ever want to have a gun that I didn't pay an unconstitutional tax or have a permit for.

Monkeynono said:
Not to take over this thread but what if I am moving to NC and own guns what do I need to do?
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Unfortunately NC is at capacity and is no longer accepting transfers from NJ. Keep your gus though, you'll probably need them up there more than down here.
 
I was poking around on the Web trying to learn more and found this from the ATF web site...

4. May I lawfully transfer a firearm to an individual who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).​

I guess that answers my question.
 
awheelterd said:
Because guns are bad and I would never ever want to have a gun that I didn't pay an unconstitutional tax or have a permit for.


Unfortunately NC is at capacity and is no longer accepting transfers from NJ. Keep your gus though, you'll probably need them up there more than down here.
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To late... If all goes to plan I should be an NC resident by years end.
 
adman02 said:
OK. I know nothing about guns. I did take my first shooting lesson at Triangle Shooting Academy today and enjoyed it. I have questions though.

My father in law died two years ago and left behind three pistols. His wife (my mil) doesn’t want the guns. The guns are located in FL. I live in Durham. What is required for me to legally obtain possession of these guns?

Thanks for any help you guys can offer.
Click to expand...

Legally they need to be shipped to an FFL in the state of NC and you have to have a pistol purchase permit for each one or a concealed handgun permit issued by NC. Then you go to the FFL and transfer them to you.
 
adman02 said:
I was poking around on the Web trying to learn more and found this from the ATF web site...

4. May I lawfully transfer a firearm to an individual who resides in a different State?

Under Federal law, an unlicensed individual is prohibited from transferring a firearm to an individual who does not reside in the State where the transferee resides. Generally, for a person to lawfully transfer a firearm to an unlicensed person who resides out of State, the firearm must be shipped to a Federal Firearms Licensee (FFL) within the recipient’s State of residence. He or she may then receive the firearm from the FFL upon completion of an ATF Form 4473 and a NICS background check. More information can be obtained on the ATF website at www.atf.gov and Unlicensed Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives. The GCA provides an exception from this prohibition for temporary loans or rentals of firearms for lawful sporting purposes. For example, a friend visiting you may borrow a firearm from you to go hunting. Another exception is provided for transfers of firearms to nonresidents to carry out a lawful bequest or acquisition by intestate succession. This exception would authorize the transfer of a firearm to a nonresident who inherits a firearm under a will or by State law upon death of the owner. See 18 U.S.C. § 922(a)(5)(A).​

I guess that answers my question.
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Correct and in NC you have to get permission from the local sheriff to receive a handgun.
 
Monkeynono said:
Not to take over this thread but what if I am moving to NC and own guns what do I need to do?
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If they are already yours then just move here with them. Nothing else is required on this end. On the other end you may need to get them removed from your name up there.
 
Lizooki said:
Is she giving you the guns?
Just go get them. Nothing else needed.
Since there is no registration in NC no transfer is needed.
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Completely illegal. Violates federal law since it is a handgun and violates NC law as a result since all handgun transfers for a NC resident must include a pistol purchase permit or a concealed handgun permit issued by your local sheriff.
 
I know tsconover is correct and knows the laws, but sometimes folks way over think things or post on interwed.
 
tsconver said:
Couldn't agree more but it was posted and answered correctly.
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The posted speed limit is 55. I'm simply stating what the LAW is. :huggy:
 
tsconver said:
Completely illegal. Violates federal law since it is a handgun and violates NC law as a result since all handgun transfers for a NC resident must include a pistol purchase permit or a concealed handgun permit issued by your local sheriff.
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What if you have a concealed handgun permit. Is that type of transfer still illegal?

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tsconver said:
Completely illegal. Violates federal law since it is a handgun and violates NC law as a result since all handgun transfers for a NC resident must include a pistol purchase permit or a concealed handgun permit issued by your local sheriff.
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So.....could he not just get the permit, then go get the guns?
 
Keith1138 said:
What if you have a concealed handgun permit. Is that type of transfer still illegal?

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Pacfanweb said:
So.....could he not just get the permit, then go get the guns?
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Out of state handgun transfers have to go through an NC FFL for NC residents, at the FFL you show your concealed handgun permit or give them your purchase permit.
 
Pacfanweb said:
So.....could he not just get the permit, then go get the guns?
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No sir. Out of state handgun transfer by federal law have to go through an ffl in the state of residence of the person receiving the handguns. That is federal law. It was posted earlier in this thread.
 
Keith1138 said:
What if you have a concealed handgun permit. Is that type of transfer still illegal?

Sent from my SM-G981U using Tapatalk
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As stated it is a federal law that out-of state handgjn transfers have to go through a licensed federal firearms holder in the state of residence for the person receiving the firearm. This is federal.
 
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