Quote History Originally Posted By tiger222:
Thanks for the info, will ask at the LGS next time I’m in for something. Don’t want to make a mistake.
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The biggest mistake you can make is asking someone at the local shops because, in most cases, they are going to feed you a line of BS, depending on who you talk to in the shop and what their personal belief is that day.
With the abolishment of the handgun permit system in NC, the rules default to federal requirements. Federal laws state, you must not have a reason to believe the purchaser or transferee does not permanently reside in the state, and you must not have reason to believe they are prohibited from possessing a firearm. You can sell a handgun or a long gun to an 18+ year old. There is a 21+ year old requirement for handguns, but that applies to FFL holders.
You are not required to do a background check, or a bill of sale, or anything else. If you meet with someone and you think they are a resident of NC, and you have no reason to believe they are prohibited from possessing a firearm, then you can legally sell them a firearm. Even if they are prohibited, and you have no way of knowing it, they will be held liable, not you. They have broken the law, because they are the ones that know which state they are a resident of, and they know whether or not they are prohibited from possessing firearms. Most states follow the same principle. It is the true definition of practicing your second amendment rights.
I will give you some examples of illegal activity.
Your cousin from California, or any other state, visits you here and asks to buy a firearm from you. If you transfer it to him, that is illegal because he is not a resident of NC. This does not preclude you from selling or gifting it to him, but you must transfer it to an FFL in his state.
You know that your cousin just finished serving time in prison, in NC or any other state, and asks to buy or obtain a firearm from you. If you sell or in any way transfer it to him, that is illegal because you know he served time and is now a felon or otherwise prohibited from possessing a firearm.
Your 16 year old cousin asks to buy a firearm from you. That is illegal because you know he is not at least 18 years of age.
If you are truly scared, you can ask the buyer to meet you at the local FFL, where they can do paperwork, and you or they pay the FFL a fee for performing the NICS check. If you are just kind of scared, you can ask the buyer if they have a NC license or ID and Concealed Handgun Permit that you can look at, or copy.