Selling some Hand Guns

[HeinzMcDurgen]

Hey everybody,

I've searched around the internet for a while and have found a few different answers to the following situation/question. My hope is that someone here is more knowledgable about it and can set the record straight. So without further adue, here I go:

I'm in the US Army and stationed in NC. Every hand gun I've ever purchased has been from my home state of record, MO. So all of my hand guns are registered in my name to my address in MO. Now I want to sell some of these guns to guys that are in my unit. We've all been stationed in NC for over 2 years, but they claim residencey in FL and WA respectively. What am I going to have to do paperwork-wise to sell these firearms?

The answer I get most frequently is that I just need to write up a bill of sale and have them sign it. Possibly include their Driver's licence information and/or social. Now I know that this is okay for some states, but not others... I'm also not sure if the fact that we are all in the military and stationed in the same state would affect it at all.

Thanks for any help in advance.
-Heinz

 

[luvmyRugers]

My interpretation:

The law says the purchaser must acquire a purchase permit from their local county sheriff. They must then give this permit to the seller just as they would a gun shop.

www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf

It's always best to research it yourself rather than rely on others' interpretation. I may not comprehend things the way you do!:no:

 

[Anthony_I_Am]

I do not think the NC law applies on federal property. If the exchange takes place on base, it isn't a NC matter, sort of like you do not pay state sales tax when you buy at the commissary or PX. Check with your PMO or MP or whatever military LEO's you have there. North Carolina has no jurisdiction on a federal military base. When I went to pick up my permit in Wayne County, the deputy was giving some guy from SJAFB hassle because he did not have a NC driver license. The deputy claimed the guy needed a NCDL to get a permit to purchase a gun in NC. We all know that soldiers do not need a DL from the state they are stationed in. Don't know if the deputy was being a prick or if he just didn't know the deal.

If the exchange takes place off-post then the reciever would need a permit from the sheriff. At the least I would get a dated receipt for the gun so that you could prove it was no longer in your possession if you even needed evidence of such. CYA.

 

[yogi01]

My understanding was you have to go by the buyers home laws since he will be the one with the gun. But I also know that it is against the law to sell a gun over state lines without an FFL. I am not sure about the army base but I do know that I as a resident of Tennessee I cannot sell a gun to someone who resides in another state unless it goes through someone with an FFL.

 

[cjr2318]

I thought if you are military you are automatically a resident wherever your duty station is. I'm not to sure .

 

[Red Hat]

What ever state you are stationed in you can purchase firearms in that state even though you may have an out of state DL. All you need is your military ID. The best thing to do is check with your legal office and ask what the requirements are for selling a firearm to another military member stationed with you.

 

[HootmonSccy]

Welcome

HeinzMcDurgen / cjr2318 - Welcome to the forum from Tampa Bay, Floriduh!!

I'm with the last poster.. You should have legal counsel available to you on base.. Use it..
If no legal counsel, then go with the someone of rank in the MP.

 

[Anthony_I_Am]

My understanding was you have to go by the buyers home laws since he will be the one with the gun. But I also know that it is against the law to sell a gun over state lines without an FFL. I am not sure about the army base but I do know that I as a resident of Tennessee I cannot sell a gun to someone who resides in another state unless it goes through someone with an FFL.

He's in NC and doing a face-to-face transaction in NC. North Carolina laws apply here, and not the laws of any other state. Except for the fact that he is on a military installation, and not technically "in North Carolina" . Unless you're an FFL You can sell a gun to an individual in another state if it is a face-to-face transaction. For instance, a resident of NC and a resident of VA could meet in VA and do a transaction in accordance with VA laws. Obviously, this would not be possivle if the two were to meet in NC because the buyer would need a permit to purchase since the transaction takes place in NC, and NC does not issue PPP's to non-residents except for rare cases of visitors who are purchasing collectables. The law you are describing is for non face-to-face sales to another person in another state transactions. You cannot ship or mail a gun to another person in another state without going thru and FFL.

No, you are not automatically the resident of whatever state you are stationed in. You are a resident of the state where you enlisted, and a soldier pays state income tax to that state. Example, when I was stationed at Ft Hood, I paid income tax to NC, my car was registered in NC, and my DL was a NC DL. The states states have exemptions for military, but a soldier does not have to change his state of residency every time he PCS's. That would be a huge cluster-fluck! When I was stationed at Ft. hood, I could buy a handgun even tho I was not a TX resident if I provided a copy of my orders that proved I was stationed in TX.

 

[Red Hat]

Unless you're an FFL You can sell a gun to an individual in another state if it is a face-to-face transaction. For instance, a resident of NC and a resident of VA could meet in VA and do a transaction in accordance with VA laws.

Wrong! That's a great way to get a Felony conviction on your record. Federal law restricts private sales of any type of firearm to residence of your state. Handguns must be transferred to another state through an FFL dealer even private sales. Long guns may be purchased from an FFL dealer by an out of state resident if that state of residency is recognized by the state. All private sales of long guns must be transferred through an FFL dealer.