A liberal looking for a gun show loophole.

[ladder13]

Have you read the NC statute on pistol sales? It's a crime to both "sell, give away, or transfer, or to purchase or receive" or "purchase or receive" any pistol without a purchase permit or a concealed handgun permit.

In cases where you bought a handgun via private sale, your possession of a CHP gets both you and the seller off the hook by virtue of having it.

However in cases where you sold someone a handgun without requiring possession of a purchase permit or CHP, both you and the buyer broke the law.

Now…I'm just going to assume you were speaking hypothetically and or just telling stories for effect, as opposed to incriminating yourself in a public forum.

https://www.ncleg.net/EnactedLegislation/Statutes/PDF/ByArticle/Chapter_14/Article_52A.pdf

§ 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(2), (3) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011.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(5) through (7) Repealed by Session Laws 2011-56, s. 1, effective April 28, 2011.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.)

Do it all the time with dealers too, you need to move around here. No one asks for a copy. I like it here.

Permits are required, never said it wasn't, no copy is ( you said), except for dealers. Private stock excluded.

Possession doesn't mean having to have a copy. I possess a CHP, I am in compliance. I sell to people with a CHP, I am in compliance.

 

[len917]

A few yards back in the forum was a thread about the mass shooter wannabe at an Omaha target store.
Loaded down with around 400 rounds of ammo for his AR, he managed to fire 6 rounds, hitting no one, before getting clipped by LEO's who did not hesitate.
Parents of the shooter tried hard to get their son some mental help, voiced concerns and all else to no avail. So the schizophrenic ran amok.
It used to be family could get em committed before such things happened. This just isnt the case today.

I'd like to know where do they get the money to buy an AR and the ammo ????

 

[BB57]

I'm with LCC. The economy is not the problem. The party you suggest is taking profits and not reinvesting is not true. I recall things BOOMING under one party and crashing hard under another……… But none of that matters. We have a mental health problem in this country. And until we admit and then address it nothing will change. As for liberals at gun shows. I see one or two a yr asking stupid gotcha questions to vendors.

I agree with you on the mental health problem. Who exactly is making an effort to address that?

No one, on either side, even though it's in our interests as gun owners to push our senators and representatives to address it.

I originally had this in the 2A forum as I firmly believe it's all about action. Actions we don't seem to take.

As I stated above, one side is as bad as the other. One side just wants to ban guns like it's some sort of "easy button" solution, while the other side just blames it on mental health, but then takes no action whatsoever to address the problems that lead to or exacerbate health problems. It ironic as there's actually common ground there for everyone if we'd stop letting ourselves get played and pitted against each other long enough to realize that.

2A rights are also about responsibility. The private seller I spoke with at that show was wise enough to understand that when he effectively refused to sell a long gun to someone who asked if he ran background checks.

Why would anyone sell to someone who is concerned he or she can't pass a NICS check, whether it's required by law or not? Knowingly selling to someone you suspect of being a prohibited person isn't responsible behavior, even when it's technically legal.

I've made private sales of both hand guns and long guns. When I've made those private sales, even long gun sales, I have either required them to have a valid CHP, or pistol purchase permit or required them to meet me at the local gun shop where the proprietor will run a NICS check on them for a $5 fee I'm happy to pay to ensure I am not providing a prohibited individual with a firearm.

None of us "win" nor do we support and protect our 2A rights when a prohibited person commits a crime with a gun they acquired through a private sale. We can choose to be responsible and ensure that stops happening, or we can sit back and complain when universal background checks become mandatory.

Interestingly that private vendor stated he'd support a requirement for one time mandatory training for all firearm purchases. He felt everyone could benefit from 4 hours of firearm safety training, and 4 hours of training on the laws pertaining to the use of deadly force. Does that make him a liberal or just responsible and aware how bad decisions he might make can affect others?

 

[somorris]

You're right that none of our elected representatives seem to want to address the real problem. I think it kind of stems from having "sides."

 

[tops]

But the guy walking around the gun show with the for sale sign around his neck can sell his guns to anybody? That's the "loophole".

Not in NC. Larry

 

[Bald1]

I'm ok with background cks. Some people simply can't have guns. And they've done this to themselves. As for mandatory training I say no. Let the buyer decide if they are comfortable or need trading. It's not free and it's an obstacle to some

 

[venomballistics]

I'd like to know where do they get the money to buy an AR and the ammo ????

He's nuts ... not paralyzed
This one was 30ish, probably in and out of various jobs