NC PPP law?

Langley

Langley

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Ok I’ve tried searching and can’t seem to find the answer. When someone is purchasing a pistol from a from a private selling. Does the original PPP need to be given to the seller or is it just shown. Looking for the actual law and not what you do 🤷🏽
 
Langley said:
But where is that in NC law? I totally agree it makes sense but is it in writing?
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It’s not. It’s up to the buyer to not reuse it.

An FFL has to keep it…an individual does not.
 
I didn’t think it was but was searching like crazy to ensure that was correct, I have collected them in the past but was recently told that it doesn’t “have” to be handed over.
 
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but
also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14- 402(a).
 
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45/70fan said:
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but
also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14- 402(a).
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But that doesn’t state anywhere that the seller must take it from the buyer.
 
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina.

N.C. Gen. Stat. § 14-402(a).
 
divisionarmsllc said:
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina.

N.C. Gen. Stat. § 14-402(a).
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So again this doesn’t say anything about the seller being required to obtain and keep the PPP.
 
45/70fan said:
Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but
also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14- 402(a).
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Purchaser/receiver is the same thing. The statute states that the purchaser/receiver must have PPP or CHP to obtain a handgun in any transaction.

Nowhere in this statute does it mandate a private seller of a handgun has to retain the purchaser’s/receiver’s PPP.

Should the purchaser/receiver choose to use the permit again to obtain another handgun, whether from a FFL or in private commerce, that’s on the puchaser/receiver…not the seller.
 
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I say do as you like, let the courts deal with it later if you think it is different.

I know what my requirements are if I sell it. If they do not like it I offer a FFL transfer at their cost or no sale.


If you feel different you may want to get a lawyer and not ask legal advice on a web site.
 
Mr.Gadget said:
I say do as you like, let the courts deal with it later if you think it is different.

I know what my requirements are if I sell it. If they do not like it I offer a FFL transfer at their cost or no sale.


If you feel different you may want to get a lawyer and not ask legal advice on a web site.
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So what does the law say concerning this?
 
BigWaylon said:
It doesn’t. No matter how many times people post it. 😁
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And that’s just my point. We all have things we do to help keep us safe in the event something goes bad yet it seems like a good bit of us don’t actually know the law. I’m just curious what the law states. I’ll keep doing what I do. Ignorance of the law is never a defense 👍🏼
 
BigWaylon said:
It doesn’t. No matter how many times people post it. 😁
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Right the law is vague and does not stipulate what a private seller is supposed to do with the PPP which they are shown.

Many people reference Coppers opinion piece when he was AG. In the end with out a clear statute people are left to do what they’re comfortable with.
 
divisionarmsllc said:
Yes but a CCP is allowed for a background check of multiple firearms, the PPP is not, if you do not take the PPP they could reuse ?
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That sentence, as written, is not true.

You can use a single PPP to buy multiple firearms…as long as they’re long guns purchased at the same time. 😉

(If you change firearms to pistols, you’d have been correct. 🤓)

ETA: I should’ve included “other firearms” as well, not just long guns
 
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Yeah... Look at a private individuals requirement to sell a firearm in NC vs what has been stated about what is needed by a buyer in NC.

To stir the pot without digging in... A private firearm transaction in NC between individuals requires that the seller be in good standing and the buyer also be in good standing.

Since no "one time seller" has the resources to background check a potential buyer. A safe default is "show me the sheriff says your ok" if you aren't personally known. So a chp or ppp and picture id a reasonable way to make sure someone isn't selling to a restricted person. But it ain't the law folks. You have NO legal obligation to keep records...

Nowhere does anything say a single word about an individual wishing to sell an item needing to meet all of the standards and requirements of an actual business to let someone purchase an item. Even a firearm...
 
BigWaylon said:
That sentence, as written, is not true.

You can use a single PPP to buy multiple firearms…as long as they’re long guns purchased at the same time. 😉

(If you change firearms to pistols, you’d have been correct. 🤓)
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Semantics we were talking about pistols ...but you are correct I can do multiple long guns on one ppp.

role the dice with this one it all matters your comfort level.
 
Trevillian said:
Yeah... Look at a private individuals requirement to sell a firearm in NC vs what has been stated about what is needed by a buyer in NC.

To stir the pot without digging in... A private firearm transaction in NC between individuals requires that the seller be in good standing and the buyer also be in good standing.

Since no "one time seller" has the resources to background check a potential buyer. A safe default is "show me the sheriff says your ok" if you aren't personally known. So a chp or ppp and picture id a reasonable way to make sure someone isn't selling to a restricted person. But it ain't the law folks. You have NO legal obligation to keep records...

Nowhere does anything say a single word about an individual wishing to sell an item needing to meet all of the standards and requirements of an actual business to let someone purchase an item. Even a firearm...
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Incorrect to purchase a handgun which is what this discussion is about you need a CHP or PPP. The law clearly states is applies to individual citizens.

 
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Langley said:
What part is he incorrect about?
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§ 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.)
 
wvsig said:
Incorrect to purchase a handgun which is what this discussion is about you need a CHP or PPP. The law clearly states is applies to individual citizens.

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😱

Well I'm not wrong (I think) about long guns but am partially about pistols.

Thanks for that link.

Still do not see a requirement to keep paperwork for a private transaction though?

Now I'm torn. Should I amend my post or delete it outright because I am not fully correct at all?
 
Trevillian said:
😱

Well I'm not wrong (I think) about long guns but am partially about pistols.

Thanks for that link.

Still do not see a requirement to keep paperwork for a private transaction though?

Now I'm torn. Should I amend my post or delete it outright because I am not fully correct at all?
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You are correct about long guns and about the vagueness of the statute when it comes to the requirement that an individual keep a PPP. To me there is no requirement by law in NC to retain a PPP in a private transaction so to me it’s left up to the individual to decide.
 
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wvsig said:
§ 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.
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Reading again, still doesn't show a requirement by a private seller to obtain and maintain such. Just a requirement that the buyer be approved to purchase.
 
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