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It must go to an FFL in North Carolina for transfer to you in order to comply with Federal law: 18 USC 922(a)(3) and (a)(5).
S.C. Handgun trasfer of owenership acoss state lines??? Due to time constraints and the Xmas rush my wife had my brother in law buy me a handgun as an Xmas present. My brother in law is a SC resident and was able to purchase the gun with a simple background check. I'm told that SC residents can transfer ownership of a firearm with no official or government process or paperwork. I live in NC. My question is does anyone know if we can proceed with this transfer of this firearm across state lines?
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It must go to an FFL in North Carolina for transfer to you in order to comply with Federal law: 18 USC 922(a)(3) and (a)(5).
I am not anti-cop, I am pro-Constitution.Originally Posted by Flanmedic51
Would this include him gifting the gun to me? No money trafering between the two parties involved.
I'm an FFL in NC. In NC, we can sell long arms directly to people in neighboring states (that touch NC). We cannot sell handguns directly to people from other states. We can sell to people in most states either long arms or handguns while transferring through an FFL in their home state. Regardless of what state, the person buying the gun MUST fill out a 4473 form (dictated by federal law). A background must be done either through NICS or as in our state, they can have a valid concealed carry permit which acts as the background check.
United States Code: Title 18,922. Unlawful acts | LII / Legal Information Institute
§ 922. Unlawful acts
(a) It shall be unlawful—
(5) for any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) to transfer, sell, trade, give, transport, or deliver any firearm to any person (other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector) who the transferor knows or has reasonable cause to believe does not reside in (or if the person is a corporation or other business entity, does not maintain a place of business in) the State in which the transferor resides
§ 922. Unlawful acts
(a) It shall be unlawful—
(3) for any person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector to transport into or receive in the State where he resides (or if the person is a corporation or other business entity, the State where it maintains a place of business) any firearm purchased or otherwise obtained by such person outside that State
I am not anti-cop, I am pro-Constitution.
Might want to read your Federal Firearms Regulations Reference Guide and August 2004 ATF newsletter to FFLs. The contiguous (neighboring states (that touch NC)) requirement went away with a 1986 amendment to the GCA of 1968. You (as an FFL) can transfer long guns to residents of about 46-48 different states now.
http://www.atf.gov/publications/news...er-2004-08.pdf
My personal belief is that we have enough restrictions that are actually in statutes, we don't need to perpetuate restrictions that don't exist.
I am not anti-cop, I am pro-Constitution.
NavyLCDR, Obviously you have quite a bit knowledge and by no means do I mean any disrespect with my additional questions; However I just found this on the ATF's website. This staement goes with what I'm being tolad at the local gun shop(s).
Q: Does an unlicensed person need an ATF Form 4473 to transfer a firearm?
No. ATF Form 4473 is required only for transfers by a licensee.
[27 CFR 478.124]
If you read down further in your quoted regulation, you will note that certain states, NC being one of them, hasn't amended their law to reflect this. Until NC changes their law, then you are setting yourself up unnecessary litigation. It's been discussed many times in the NC legislature, but to my knowledge, this hasn't been changed. I'm not getting in between the state and feds over who overrides who.
That is correct. And when the North Carolina FFL transfers the gun to you they will complete an ATF Form 4473.
If your brother in law, a Sounth Carolina private party non-FFL resident permanently transfers a firearm to you, a North Carolina private party non-FFL resident as a sale or as a gift, your brother in law violates Federal Law, 18 USC 922 (a)(5).
When you receive that firearm into your home state of residence, coming from a private party resident of a different state, you violate Federal Law, 18 USC 922 (a)(3).
http://www.atf.gov/firearms/faq/unli...ensed-transfer
Q: To whom may an unlicensed person transfer firearms under the GCA?
A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector.
[18 U.S.C. 922(a)(3) and (5), 922(d), 27 CFR 478.29 and 478.30]
For the purposes of private party firearms transfers - there is no difference between sales and gifts.
I am not anti-cop, I am pro-Constitution.
Ah! I see!!! I need to go to an NC dealer and have the transaction documented (4473 form and a fee I assume). Thank you for your advice and patience.
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