nc_shooter said:
So, I have in my possession the .38 special giving to me 20 years ago and I prefer to keep things legal; so my question is, does anyone have any information about what gun laws looked like in 1995? I see the Brady Bill obviously, but I see no specific reference to guns as gifts and when exactly that became part of US or NC state law.
The Brady Bill primarily addresses conduct by a Federal Firearm Licensee or FFL, i.e. a licensed dealer.
The bill does not—and did not in 1995—govern private transactions between non-licensed persons who reside in the same state and who are lawfully permitted to possess a firearm. Such transactions were and continue to be implicitly legal under federal law by default, as there is no law or regulation prohibiting them, except for the prohibition on straw purchases. (As an aside, the allowance for private transactions is the so-called "Gun Show Loophole", which isn't really a loophole at all – in computer parlance, unregulated private transactions are a feature, not a bug.
)
A straw purchase is when an unlicensed person buys a firearm from a dealer on behalf of another
and receives compensation in return,
regardless of whether the recipient is lawfully permitted to possess the firearm. There is, however, a clear exception for legitimate gifts, which is explained on the Form 4473 that is filled out when the firearm is purchased. That said, the straw-purchase prohibition would seem to be irrelevant in this case, because the original owner won the firearm in a raffle rather than buying it at a dealer.
In short, the transaction is seemingly legal under federal law, so this is primarily a question of NC state law, which I'm not familiar with.
Most states now have a mechanism in their online system to look up older versions of statute laws, and the statutes themselves generally list amendments. Here's an arbitrary example from the TX Penal Code:
Sec. 29.02. ROBBERY. (a) A person commits an offense if, in the course of committing theft as defined in Chapter 31 and with intent to obtain or maintain control of the property, he:
(1) intentionally, knowingly, or recklessly causes bodily injury to another; or
(2) intentionally or knowingly threatens or places another in fear of imminent bodily injury or death.
(b) An offense under this section is a felony of the second degree.
Acts 1973, 63rd Leg., p. 883, ch. 399, Sec. 1, eff. Jan. 1, 1974. Amended by Acts 1993, 73rd Leg., ch. 900, Sec. 1.01, eff. Sept. 1, 1994.
The boldfaced text spells out when the law was created and amended. This is handy for knowing how to look up older versions.
If in doubt, consult with a qualified attorney.
nc_shooter said:
Should I worry with trying to get the gun transferred into my name not knowing what the law was in 1995...
There is no need to transfer it into your name unless the state of NC maintains a handgun registry. I don't know whether NC does or not.
[EDIT TO ADD: Dakota's subsequent post says that NC requires a pistol permit be obtained prior to taking possession, so the permit system effectively functions like a registry.]
The Form 4473 that was filled out when the handgun was transferred to your stepdad (I assume there is one) is for dealer record-keeping purposes and does not technically constitute a registry, tinfoil hat accusations to the contrary notwithstanding.
Mandatory disclaimer: I am not an attorney, nor do I play one on TV. This is not legal advice. Caveat emptor and YMMV.