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I have a friend in NC and I have some questions
- Thread starter WV_gunner
- Start date
rantingredneck
New member
She can't buy a handgun in a different state, nor a long gun for that matter, directly from an individual. For a firearm to change ownership across state lines at least one FFL must be involved. That's federal, not NC state law. In the case of handguns that FFL must be in the buyer's state of residence. She can go buy a shotgun or rifle in SC from a dealer, but if she finds a handgun in SC that she likes, either at a dealer or from an individual, she'll have to have it delivered to a NC based FFL who will do transfers. For a long gun in another state from an individual, it'll have to be shipped to a NC based FFL to transfer it to her or she can meet the seller at an FFL in the seller's state to do the transfer.
In the case of a handgun shipped into NC, at the point of transfer at that FFL she'll present and surrender that $5.00 purchase permit for a handgun (silly Jim Crow era law). If you have a concealed carry permit it takes the place of the purchase permit and the FFL just makes a copy to retain in their records.
In the case of a handgun shipped into NC, at the point of transfer at that FFL she'll present and surrender that $5.00 purchase permit for a handgun (silly Jim Crow era law). If you have a concealed carry permit it takes the place of the purchase permit and the FFL just makes a copy to retain in their records.
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Actually, a long gun can be transferred in either state (that of the seller or that of the purchaser) as long as the sale and transfer is legal in both states.Same thing for a long gun in another state from an individual. It'll have to be shipped to a NC based FFL to transfer it to her.
http://www.atf.gov/firearms/faq/unlicensed-persons.html#gca-unlicensed-acquireQ: From whom may an unlicensed person acquire a firearm under the GCA?
A person may only acquire a firearm within the person’s own State, except that he or she may purchase or otherwise acquire a rifle or shotgun, in person, at a licensee’s premises in any State, provided the sale complies with State laws applicable in the State of sale and the State where the purchaser resides. A person may borrow or rent a firearm in any State for temporary use for lawful sporting purposes.
[18 U.S.C. 922(a)(3) and (5), 922(b)(3), 27 CFR 478.29 and 478.30]
Aguila Blanca
Staff
She pays her five bucks to the county sheriff, gets her purchase permit, sends the money to the seller, seller ships the gun to her FFL in NC, she goes to the FFL, fills out her 4473, and brings the gun home.I understand that she can go out of state and buy long guns. And I understand that she can buy a handgun in NC and has to get a $5 handgun permit. My question is how does she buy a handgun in a different state from an individual. Any help is apreciated.
rantingredneck
New member
Actually, a long gun can be transferred in either state (that of the seller or that of the purchaser) as long as the sale and transfer is legal in both states.
You are of course correct, and I knew that, but when I went back and edited that post immediately after posting it, I made it even more confusing, to the point where I confused myself. Nothing like interpreting gun law huh???
Edited my post to correct a couple errors (thanks).
Frank Ettin
Administrator
Once again, here's the whole deal (not including the rules for those with Curio and Relic licenses and the subject of dual residency):
[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.
[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
Here's what the statutes say:
[1] Under federal law, any transfer (with a few, narrow exceptions, e. g., by bequest under a will) from a resident of one State to a resident of another must be through an FFL. The transfer must comply with all the requirements of the State in which the transfer is being done as well as all federal formalities (e. g., completion of a 4473, etc.).
[2] In the case of handguns, it must be an FFL in the transferee's State of residence. You may obtain a handgun in a State other than your State of residence, BUT it must be shipped by the transferor to an FFL in your State of residence to transfer the handgun to you.
[3] In the case of long guns, it may be any FFL as long as (1) the long gun is legal in the transferee's State of residence; and (2) the transfer complies with the laws of the State in which it takes place; and (3) the transfer complies with the law of the transferee's State of residence.
[4] In connection with the transfer of a long gun, some FFLs will not want to handle the transfer to a resident of another State, because they may be uncertain about the laws of that State. And if the transferee resides in some States (e. g., California), the laws of the State may be such that an out-of-state FFL will not be able to conduct a transfer that complies.
[5] There are no exceptions under the applicable federal laws for gifts, whether between relatives or otherwise, nor is there any exception for transactions between relatives.
[6] The relevant federal laws may be found at: 18 USC 922(a)(3); 18 USC 922(a)(5); and 18 USC 922(b)(3).
Here's what the statutes say:
18 U.S.C. 922. Unlawful acts
(a) It shall be unlawful—
...
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State, except that this paragraph
(A) shall not preclude any person who lawfully acquires a firearm by bequest or intestate succession in a State other than his State of residence from transporting the firearm into or receiving it in that State, if it is lawful for such person to purchase or possess such firearm in that State,
(B) shall not apply to the transportation or receipt of a firearm obtained in conformity with subsection (b)(3) of this section, and (C) shall not apply to the transportation of any firearm acquired in any State prior to the effective date of this chapter;
...
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides; except that this paragraph shall not apply to
(A) the transfer, transportation, or delivery of a firearm made to carry out a bequest of a firearm to, or an acquisition by intestate succession of a firearm by, a person who is permitted to acquire or possess a firearm under the laws of the State of his residence, and
(B) the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
....
(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver --
...
(3) any firearm to any person who the licensee knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the licensee's place of business is located, except that this paragraph
(A) shall not apply to the sale or delivery of any rifle or shotgun to a resident of a State other than a State in which the licensee's place of business is located if the transferee meets in person with the transferor to accomplish the transfer, and the sale, delivery, and receipt fully comply with the legal conditions of sale in both such States (and any licensed manufacturer, importer or dealer shall be presumed, for purposes of this subparagraph, in the absence of evidence to the contrary, to have had actual knowledge of the State laws and published ordinances of both States), and
(B) shall not apply to the loan or rental of a firearm to any person for temporary use for lawful sporting purposes;
...
vranasaurus
New member
Can we make this a sticky topic. It seems to get asked once or twice a week.
It would probably answer many questions. Call it the interstate transfer faq. It's a valid inquiry but could be answered with a faq thread.
It would probably answer many questions. Call it the interstate transfer faq. It's a valid inquiry but could be answered with a faq thread.
So, let's say she comes here. For me to sell her a shotgun we'd have to go to an ffl to do a transfer, but she can just take it with her? And if it's a handgun she has to have sent to an ffl in NC? I wasn't aware of that. I know if it's same state, at least in WV, there is no transfer or anything. You just sell and buy from people.
Aguila Blanca
Staff
Correct. What can be done within your state is irrelevant. Since she is from another state, it is an interstate transfer and subject to Federal laws. Federal law requires that handguns going from one state to another must be transferred through an FFL in the buyer's state of residence. Since NC requires a purchase permit, she will have to obtain a purchase permit for the handgun.So, let's say she comes here. For me to sell her a shotgun we'd have to go to an ffl to do a transfer, but she can just take it with her? And if it's a handgun she has to have sent to an ffl in NC? I wasn't aware of that. I know if it's same state, at least in WV, there is no transfer or anything. You just sell and buy from people.
Frank Ettin
Administrator
You need to get your terminology correct. "Transfer" is a broad term. It included a sale. It includes a gift. It includes a loan.WV_gunner said:...in WV, there is no transfer or anything. You just sell and buy from people...
So a selling a gun to someone is a transfer. The issue is whether the transaction is between residents of the same State or residents of different States.
Fishing_Cabin
New member
WV_gunner...
As to the loan...If you take her to your home range in WV to take her shooting, you may loan her a firearm there at the range for use at the range, unless she is a prohibited person. You MAY NOT loan her a firearm accross state lines for a unspecified time because this would still be a transfer.
What you can do to be legal for both of you, is for you to send the handgun to a FFL holder near her in NC, she will then need to obtain either a pistol purchase permit or a ccw, and do the 4473, etc just like a purchase. Then after she is done with it, she can return it to a FFL holder near you in WV, for you to transfer back to yourself.
Its not legal for you to just drive to NC, or for her to drive to WV, and you hand her the handgun for her to keep. Even if its just a "loan", since the two of you reside in different states, it is still considered an interstate transfer and since it is a handgun, must go through an FFL.
As to the loan...If you take her to your home range in WV to take her shooting, you may loan her a firearm there at the range for use at the range, unless she is a prohibited person. You MAY NOT loan her a firearm accross state lines for a unspecified time because this would still be a transfer.
What you can do to be legal for both of you, is for you to send the handgun to a FFL holder near her in NC, she will then need to obtain either a pistol purchase permit or a ccw, and do the 4473, etc just like a purchase. Then after she is done with it, she can return it to a FFL holder near you in WV, for you to transfer back to yourself.
Its not legal for you to just drive to NC, or for her to drive to WV, and you hand her the handgun for her to keep. Even if its just a "loan", since the two of you reside in different states, it is still considered an interstate transfer and since it is a handgun, must go through an FFL.
Ok, thanks for the info. I'll probably just buy her a gun at a flea market or a gun show. I'll have to talk to a local gun dealer to see how much he charges to transfer and send the gun to NC. Hopefully she can find a dealer there I can send it to. I'll be there in a few months, I should be able to find a dealer there. And give me a good excuse to gun shop while I'm there.