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Tractor Talk Discussion Forum

Speaking of guns

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Chris Jones

05-23-2008 13:18:40




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Is it illegal to buy a handgun from an individual in NC w/o getting a permit? Is there some sort of title or paperwork that needs to be filed or transferred to a new owner. Frankly I"d like to have one but don"t need folks knowing I have one. Of course I certainly don"t want to buy something from an individual and find out it was used in a crime either. What about taking it with you as you travel. I don"t mean concealed but is it illegal to transport across state lines? I"ve heard that too. But that sounds pretty silly to me. How you"d move from one state to another and take it with you. They"re worthless if you don"t have them with you and frankly a lot of businesses will not let you have them on the premises even if you have a concealed carry permit--and they consider in your car in their parking lot on their property. That"s nuts! How can I take it anywhere?

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Achin' Back

05-24-2008 08:39:01




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
Nebraska Kirk, You are wrong. The state,local or fed gov't can and do regulate gun ownership.



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Dan-IA

05-23-2008 19:51:40




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
Dunno. I just re-applied for my permit-to-acquire today. I let it expire about 4 days ago. But it's the best $5 I've spent this week.

I found out it's $50 to take the class for the concealed permit. I'm thinking I need to go push a pencil and see if I can budget that it.



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djm75

05-24-2008 03:25:24




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 Re: Speaking of guns in reply to Dan-IA, 05-23-2008 19:51:40  
hey Dan what county do you live in? I hope yours is better than mine in clayton county our sheriff won"t issue any concealed carry permits to regular citizens.



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Walt davies

05-23-2008 19:15:07




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
Here is a little quirk in the law on guns. If your gun was made or designed (patented) before 1898 then it is exempt from all federal gun laws. So by a Colt 45 long colt pistol and do what you want.
Check it out there are lots of guns that meet this exemption. Winchester 94, SW hand gun made before 1898 lots to choose from. Personally I like the Colt 45 long it is a power house with more muzzle energy than 44 magnum.
Walt

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Scott in SF

05-23-2008 21:03:32




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 Re: Speaking of guns in reply to Walt davies, 05-23-2008 19:15:07  
Sorry Walt, it is only the guns built before 1898 that are exempt, as per GCA of 1968. Design or patent has nothing to do with it. If I am wrong please tell me of the dealer that will send me a 45 Colt or a repoduction 45-70 Springfield trapdoor (my favorite Mule Deer and Pronghorn rifle) without any state or federal paperwork.



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dave guest

05-23-2008 17:58:12




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
There is a UTAH concealed carry permit that is legal in 33 states.(don't know which ones.) I saw info in NRA mag telling of place in Indiana where you could take class and test in one day.



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Damp;Dservice

05-23-2008 19:15:22




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 Re: Speaking of guns in reply to dave guest, 05-23-2008 17:58:12  
As the seller your friend must be nuts! I wouldnt sell a handgun registred to me to anyone!!!!! !!!!! without the paperwork being transferred to them, talk about liability, just well leave it laying out in the steet for the thugs to pickup and have fun with! Thats why we have to carry guns because morons like your buddy are even willing to sell a firearm without doing it by the book, you and your pal are part of the PROBLEM!!!!! !! no better than street criminals..... maybe you are?

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dave guest

05-23-2008 17:58:04




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
There is a UTAH concealed carry permit that is legal in 33 states.(don't know which ones.) I saw info in NRA mag telling of place in Indiana where you could take class and test in one day.



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MarkB_MI

05-23-2008 14:24:11




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
The link below will take you to a PDF file compiled by the NC Attorney General. It describes all the firearms laws that are relevant to North Carolina, both NC and federal.

"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."

So you have to have a purchase permit to buy from an individual, unless you have a concealed carry permit. Of course, there's no way that the state can enforce the requirement that you get a purchase permit if an individual is willing to sell to you, but a person would have to be nuts to sell a handgun to somebody if the buyer doesn't have a permit.

I don't know now, but when I lived in NC the sheriffs had a great deal of discretion in issuing purchase permits. I went to get a purchase permit and was told they would have to run a background check on me, not only in NC but in the previous state I lived. This would take several days and I would have to pay for the check. I said that I thought this was ridiculous, given that at the time I held a DOD security clearance. I was asked if I knew anybody in the sheriff's department. I said "sure", I know deputy so-and-so. The sheriff gave the deputy a call and and then said, "no problem, the clerk will issue you a permit". No background check.

There are a number of reasons to get a concealed carry permit, even if you don't intend to carry a pistol. You're pretty much guaranteed that you won't be bothered if, for example, a police search of your vehicle turns up a gun. On the other hand, the penalties for violating the terms of a concealed carry permit (for example, drinking while carrying) are severe in most states.

As far as moving to another state, the requirements for bringing a gun into another state vary from state-to-state. Most states allow you to bring your guns with you when you move, but may require you to buy permits when you do.

Most states with concealed carry permits have reciprocal agreements with other states. So if you have a carry permit in your home state, you are legal to carry (or, more importantly, have a gun in your vehicle) in other CCW states.

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old

05-23-2008 13:55:44




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
With out the ATF paper work its not really legal for any one to buy a gun from any body but that said no crook does the paper work. Now as far as your state I can not say for sure what all the laws are but any where in the U.S. as per law the back ground check is suppose to be done before a person can buy a gun but theres 1000s of them sold every day that never have the paper work. Biggest problem is with out the paper work you could be buying a gun used in a crime and if you then get caught with it, that might fall back on you

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nebraska kirk

05-23-2008 23:31:33




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 Re: Speaking of guns in reply to old, 05-23-2008 13:55:44  
Old, you are wrong. It is perfectly lawful for private citizens to buy and sell firearms to eachother. Government has no authority to regulate or restrict this. The Constitution is the supreme law of the land, anything in violation of the Constitution is not law.

"An unconstitutional act is not a law; it confers no rights; it imposes no duties; it affords no protection; it creates no office; it is in legal contemplation as inoperative as though it had never been passed." NORTON V. SHELBY COUNTY, 118 U. S. 425

The right to self-defense is a natural right, given to us by the Creator, it then naturally follows that if we have the right to self-defense then we have the right to use any tools at our disposal to help in our defense. The Declaration of Independance states quite clearly that the government's only legitimate purpose is to protect the people's rights. "...when government becomes destructive to these ends, it is the right of the people to alter or abolish it..."

Furthermore, the bill of rights states that "...the right of the people to keep and bear arms shall not be infringed." Any attempt, no matter how small or trivial it may seem, by government to regulate or restrict the right to keep and bear arms in any way shape or form is a violation of the Constitution. When government violates the law it was sworn to protect, it becomes a criminal government and must be dealt with accordingly.

"It is not true that the legislator has absolute power over our persons and property. The existence of persons and property preceded the existence of the legislator, and his function is only to guarantee their safety. It is not true that the function of law is to regulate our consciences, our ideas, our wills, our education, our opinions, our work, our trade, our talents, or our pleasures. The function of law is to protect the free exercise of these rights, and to prevent any person from interfering with the free exercise of these same rights by any other person." Fedric Bastiat

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old

05-24-2008 09:42:22




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 Re: Speaking of guns in reply to nebraska kirk, 05-23-2008 23:31:33  
Don't tell that to a lawyer or to ATF LOL.



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gun guru

05-23-2008 15:41:44




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 Re: Speaking of guns in reply to old, 05-23-2008 13:55:44  
I forgot to say that with no paper work it is okay to sell any long gun, rifle-shotgun



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gun guru

05-23-2008 15:41:00




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 Re: Speaking of guns in reply to old, 05-23-2008 13:55:44  
Remember that you can sell a long gun that you own, At least it is legal in Michigan.



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mike in new mexico

05-23-2008 19:09:39




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 Re: Speaking of guns in reply to gun guru, 05-23-2008 15:41:00  
In New Mexico we can buy and sell any gun without paper work -even in the newspaper,yard sales or what ever.We also have a right to carry a loaded gun in our vehicles, only if you go to a dealer, you have to go through the paper work.
mike



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ScottyHOMEy

05-23-2008 13:40:35




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 Re: Speaking of guns in reply to Chris Jones, 05-23-2008 13:18:40  
You've got a whole was of questions there, Chris.

There's probasbly some better sites (not necessarily forums) you could google up to get you some better information.

Private purchase laws vary from state to state. Carry (concealed or open) likewise. Vehicles only complicate things. And transit through another state is a whole other can of worms.

Just to give an example. I lived in Maine. Then in NY for a few years, then in Ohio, and am now back in Maine. Handgun ownership in NY is so odious a proposition that I left mine with a friend in Maine while I was there. I wanted them with me in Ohio. The quickest route between ME and OH takes you through Massachusets. They have a one-year-in-the-slammer rule for possession of an unauthorized handgun and do not issue transit permits. NY isn't much easier to deal with, but they won't send you to jail. So I took a path out of Maine and across NH and Vermont. Even at that, I had the frames packed in the trailer with padlocks through or over them, and the cylinders and slides in the truck. Might just have easily had them shipped between federally licensed dealers on both ends.

New York's restrictions are a real bite in my opinion. Their geography cuts off New England. They stretch from the salt water to the Canadian border. There is no way to get out of New England and out to the rest of the country without crossing New York or (fuhgeddaboutit with a handgun) Canada.

Say you're in NC. You need to check out the laws on private gun sales in NC. Say you get a permit for concealed carry in NC. That ain't necessarily valid in any other state.

Do some googlin'. Start with NRA's site and follow the links. Just beware that it's the web, and there's a lot of not-so-good info out there, too.

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