To be clear I’m not saying what I would do or what you should do. I’m explaining how I understand our stupid law. And if an actual lawyer chimes in I’ll revise my opinion accordingly.
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Legal question daughters first apartment under 21
- Thread starter Nader
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It very clearly starts with:
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: ...
No, it clearly falls under Article 52A. Sale of Weapons in Certain Counties.
§ 14-402. Sale of certain weapons without permit forbidden.
The firearm in question is not being sold. It is lawfully owned and was purchased by the book.
This is a Bailment for the sole benefit of the Bailee, ownership has not changed.
A bailment is created for the sole benefit of the bailee when both parties agree the property temporarily in the bailee's custody
is to be used to his or her own advantage without giving anything to the bailor in return.
The loan of a book from a library is a bailment for the sole benefit of the bailee.
These Articles are poorly written and are sometimes ambiguous.
Lots of people in the thread were taking about giving her the pistol. That is definitely a no-no without the PPP or CHP. Long term lending is a gray area I think. If there is no governing case law on that, I would not volunteer my daughter (and myself, because both ends of the transaction are regulated) as a test case.
I suspect that “I lent it to her 3 years ago but it is still mine” would get a skeptical reaction. Not family, just a friend, even more so. Acquaintance is probably over the line. Stranger to whom you felt generous definitely. But how do you draw the line? More important, where would a DA, judge, or jury draw the line?
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I suspect that “I lent it to her 3 years ago but it is still mine” would get a skeptical reaction. Not family, just a friend, even more so. Acquaintance is probably over the line. Stranger to whom you felt generous definitely. But how do you draw the line? More important, where would a DA, judge, or jury draw the line?
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These days they go into a Librul Lockdown over a freaking umbrella.
To @Nader for what little they cost, go get her a PPP and be on the safe side. It takes the question out of it. $5 insurance is pretty damn cheap.
Dale Gribble
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I stand by my statement in post #40.
If my daughter needed a pistol, I would give it to her...
No "no-no's" to it...it would happen.
Dale Gribble
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MacEntyre
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That's not how I interpreted things. It is not definitely a no-no... but if I recall correctly, it may not be possible to prove that the law says one thing, or the other. Anyway, we decided to get the pack of pistol permits, which she still has, just in case. Of course, she has not had to show them to anyone.
The whole PPP issue seems ridiculous to me. It works just fine for FFLs. However, there is no requirement that a private seller maintain any record of a sale, yet the PPP is intended to be surrendered to the seller by the buyer. If the buyer retains the PPP, or the private seller throws it away, no law has been broken. The PPP is good for five years, during which time the holder can become a felon and still use the PPP to purchase a pistol. There is no point in using a PPP for a private sale, especially when the seller is the father, and the buyer is his daughter.
Stupid. But we do it because... why do we put up with this crap?
CCW007
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You are a co-signer on the lease so it could be deemed as your secondary residence. Get a pistol safe and place the pistol in your secondary residence. Give her the code to the safe so she has access if needed. If she does need to use it I doubt it ever gets questioned if it does the pistol was at your secondary residence.
Skaufma0
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In the eyes of NC law...I'd transfer ownership. Just to cover you both if a situation comes up. Have her apply for permits, when she gets them have her "buy" the gun from you. That way legally it's hers, you have no liability, and she is covered from all angles on the legal end of it. Especially if something comes up and a rookie with something to prove decides to look for a problem.
Just a 5-0's .02. I've seen where this can go sideways quickly a few times.
Just a 5-0's .02. I've seen where this can go sideways quickly a few times.
Combat Diver
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Slight correction, handguns are legal to own at 18 yo, just can't buy from a FFL until 21 yo.
CD
Sorry I phrased that poorly. The Op mentioned earlier his daughter was 20 and I was trying to point out it is perfectly legal for her to own a pistol that was gifted to her.
Combat Diver
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Mad Dawg
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Get a minimum $1M umbrella insurance policy. CHEAP insurance. I think we pay ~$280 per year for coverage. My wife and I got one when our daughter turned 16 and got her drivers license. It covers us for just about anything including any gun related incidents.