Since I received a ping re: this, and in looking thru, I see
@Pink_Vapor and
@HMP had both requested statutes, I went ahead and posted below:
14-402. Sale of certain weapons without permit forbidden.
(a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.
It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14-403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.
(b) This section does not apply to an antique firearm or an historic edged weapon.
(c) The following definitions apply in this Article:
(1) Antique firearm. - Defined in G.S. 14-409.11.
(2), (3) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011.
(4) Historic edged weapon. - Defined in G.S. 14-409.12.
(5) through (7) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011. (1919, c. 197, s. 1; C.S., s. 5106; 1923, c. 106; 1947, c. 781; 1959, c. 1073, s. 2; 1971, c. 133, s. 2; 1979, c. 895, ss. 1, 2; 1993, c. 287, s. 1; c. 539, s. 284; 1994, Ex. Sess., c. 24, s. 14(c); 2004-183, s. 1; 2004-203, s. 1; 2009-6, s. 2; 2011-56, s. 1.)
Can someone show me in this statute where it is even hinted at that a private purchaser/seller must maintain documentation?
This should answer
@HMP and
@Pink_Vapor about citing law, if it had not been addressed already.
If there is no requirement that the purchaser maintain this document, then there simply IS NO SUCH REQUIREMENT.
Further. since the doctrine in common law of presumption of innocence is BY DEFINITION a part of our corpus of law, cf Nelson v Colorado (USSC), where the justices ruled 7-1 based on this principle, arguing that "this might not apply today" is asking us to ignore legal precedent which has been universally affirmed by our courts going back thru US law to English common law, thru Middle Age statutes back to the Deuteronomic code. There is hardly a more settled legal principle than this one.
There simply is no legal risk here, and that is the END OF THE STORY. "I sold it to a guy who had a permit." is all the legal defense you need, and it is impregnable, unless they have PROOF TO THE CONTRARY BEYOND A REASONABLE DOUBT. FBI or DEA or BATFE or NCBI or sheriff "suspicions" here are useless, worthless, and without any basis for fear.
Civil courts are somewhat different. The standards for finding guilt are different. In that case, it is not the state which is seeking to prosecute, but a private individual who is claiming that s/he suffered harm due to your negligence. There is no possibility of jail time, but the penalties are civil (financial). The burden of proof IS STILL ON THE CLAIMANT (you still have presumption of innocence), but the burden of proof is less. You can be convicted ON THE WEIGHT OF THE EVIDENCE, rather than proof beyond a reasonable doubt. HOWEVER, it still must be established that YOU BROKE SOME LAW. The most lunatic left wing nutcases can't just find you guilty of negligence because they don't like it that a gun you owned was used in a crime. They have to have evidence you broke some law, even if it is not "beyond a reasonable doubt" but simply good and weighty evidence. " I met a guy who I met (at a gun store, online, at a gun show, at a quick stop, at church, at a PTA meeting, etc etc etc) and we got along well. He told me he was looking for an x caliber handgun, and I happened to have one I was looking to sell. I saw his (cc permit/ purchase permit), confirmed his NCDL, and no, I am sorry but I did not make copies nor confiscate his permit. I took it when proffered but as the law does not demand a private citizen maintain copies nor the original, I did not do so" Again, although they do not need to find you guilty BEYOND A REASONABLE DOUBT, they DO have to have some weight of evidence you broke the law.
Failing to maintain some paper record of the sale is not that evidence in any rational universe.
Folks wanted the statutes.
There they are.