Complex transfer, need advise

[son of sam 9]

I live in NJ and my 20 y/o son is a resident of NC. I would like to give him a handgun, Beretta 96. How can I do this legally? If I send it to a FFL in NC I dont think he can take possession from a FFL until he is 21. Can I drive it down to him and give it to him F2F? What would I need to fill out if anything? 

[Teky0101 6]

I just looked up the NC laws and in my personal opinion I think you are going to run into problems since he is not 21 year old. Please view the document link below and check out page 40 using their page numbers or 41 of the PDF page numbers. I would also look through this document to see if there is any way he might be able to take possession of the pistol legally. I hope this helps!

 

Document Link:

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

 

Here is a quote from the document:

 

HOW OLD MUST I BE TO PURCHASE A HANDGUN, SHOTGUN, OR RIFLE?

 

To purchase a handgun from a federally licensed firearms dealer, an

individual must be twenty-one (21) years of age or older. The age at which a

person can purchase a shotgun or rifle from a licensed dealer is eighteen

(18). Please note that although an eighteen (18), nineteen (19), or twenty

(20) year old may be issued a pistol purchase permit, they would not be able

to purchase a handgun with it from a licensed firearms dealer but could

purchase a handgun from a private person.

[ted527 21]

I don't think you can legally do it in any way

Unless you are a resident of NC the face to face transfer will violate federal law. And can't be tranferred through ffl until he's 21.

 

Transfer through ffl to NC resident then they can give to him once he obtains purchase permit is only way i see around it

[PD2K 115]

I just looked up the NC laws and in my personal opinion I think you are going to run into problems since he is not 21 year old. Please view the document link below and check out page 40 using their page numbers or 41 of the PDF page numbers. I would also look through this document to see if there is any way he might be able to take possession of the pistol legally. I hope this helps!

 

Document Link:

http://www.ncdoj.gov/getdoc/32344299-a2a7-4ae5-99fd-9018262f64ac/NC-Firearms-gun-Laws.aspx

 

Here is a quote from the document:

 

HOW OLD MUST I BE TO PURCHASE A HANDGUN, SHOTGUN, OR RIFLE?

 

To purchase a handgun from a federally licensed firearms dealer, an

individual must be twenty-one (21) years of age or older. The age at which a

person can purchase a shotgun or rifle from a licensed dealer is eighteen

(18). Please note that although an eighteen (18), nineteen (19), or twenty

(20) year old may be issued a pistol purchase permit, they would not be able

to purchase a handgun with it from a licensed firearms dealer but could

purchase a handgun from a private person.

 

 

According to the above, it seems unlikely.

[son of sam 9]

Thank you for the information. It looks like I would have to transfer through and FFL to a family member over 21 within the state of NC. He could then obtain a permit and do a F2F with that person. I may find him a private seller in NC with a handgun that he wants. 

Thanks for the help.

[PK90 3,570]

STRAW

[Fred2 367]

I hear there is a loophole where you can do it at a gun show.

[son of sam 9]

STRAW

We are not talking about a STRAW transfer/purchase. I asked the questions to make sure that I am in compliance with all State and Fed laws.

[Scorpio64 5,155]

Your son is 20.  It will make a fantastic birthday present in a few months.

[Teky0101 6]

Is there anyone on the NC state level he could call to find out this information? Perhaps the state or township police?

[ted527 21]

STRAW

Not a straw purchase as long as his son does a legal purchase/transfer AFTER obtaining a handgun permit

[ted527 21]

Is there anyone on the NC state level he could call to find out this information? Perhaps the state or township police?

He would have to go to local sheriff to obtain permit

[PK90 3,570]

Not a straw purchase as long as his son does a legal purchase/transfer AFTER obtaining a handgun permit

 

He wants to have someone else acquire it from the dealer then transfer it to his son. Yes it is a straw purchase. It does not matter if both are non-prohibited people.

[son of sam 9]

My son is currently in the police academy. The reason we wanted to get this done is to get a jump on the firearms training and qualification portion. He has limited handgun experience, shoots shotgun often. Once he is complete the academy they will issue him a handgun. If he fails to pass/qualify the handgun potion (which is much stricter than either of us thought) then he wont need one anyway. He is allowed to use the police range with his gun and ammo as often as he wants.

At this point, its a rather dead subject. There wont be enough time to make the transfers and get enough trigger time to be helpful.

[ted527 21]

Good luck to him, maybe he could buddy up with someone who has a gun to get together at the range

[DirtyDigz 1,812]

Would a SIRT training pistol work for your son until he turns 21?:

 

http://www.nextleveltraining.com/products/sirt-training-pistol

[Tunaman 549]

It says in the last line of the document above that it CAN happen...or am I reading it wrong?

Please note that although an eighteen (18), nineteen (19), or twenty

(20) year old may be issued a pistol purchase permit, they would not be able

to purchase a handgun with it from a licensed firearms dealer but could

purchase a handgun from a private person.

[n4p226r 105]

that would be fine if they both lived in the same state.    really he should just send him $500 and tell him to buy something used there face to face it seems.  

[9X19 125]

My son is currently in the police academy. The reason we wanted to get this done is to get a jump on the firearms training and qualification portion. He has limited handgun experience, shoots shotgun often. Once he is complete the academy they will issue him a handgun. If he fails to pass/qualify the handgun potion (which is much stricter than either of us thought) then he wont need one anyway. He is allowed to use the police range with his gun and ammo as often as he wants.

At this point, its a rather dead subject. There wont be enough time to make the transfers and get enough trigger time to be helpful.

Can't he go with a friend to a local range and rent a Glock 19 or whatever they issue to get some trigger time?

[mipafox 438]

Federal law requires FFL for transfer to out of state resident. Federal law requires that FFLs only transfer handguns to someone 21 or over.

 

NC law is irrelevant in this case.

[PD2K 115]

that would be fine if they both lived in the same state.    really he should just send him $500 and tell him to buy something used there face to face it seems.

 

Bingo! Or wait till he's 21 to give him the Beretta.

[OfcrFek 21]

He wants to have someone else acquire it from the dealer then transfer it to his son. Yes it is a straw purchase. It does not matter if both are non-prohibited people.

^This. Regardless if everyone in the end is legally allowed to own it, having someone else take possession knowing they're only going to be signing it over to the son is a straw purchase. Court already had a similar case where an ex-police officer bought a Glock for his father in law because he could get it at a cheaper price. He then brought it to his father in law's FFL (if I remember correctly, the ex-cop lived in NY and the father in law lived in PA) and did all the paperwork to transfer the firearm. Court stated since the ex-cop bought the handgun knowing he would be transferring it to the father in law, knowing that he would ultimately be the owner, it was a straw purchase. Guess where the ex-cop is sitting right now.

[n4p226r 105]

^This. Regardless if everyone in the end is legally allowed to own it, having someone else take possession knowing they're only going to be signing it over to the son is a straw purchase. Court already had a similar case where an ex-police officer bought a Glock for his father in law because he could get it at a cheaper price. He then brought it to his father in law's FFL (if I remember correctly, the ex-cop lived in NY and the father in law lived in PA) and did all the paperwork to transfer the firearm. Court stated since the ex-cop bought the handgun knowing he would be transferring it to the father in law, knowing that he would ultimately be the owner, it was a straw purchase. Guess where the ex-cop is sitting right now.

It's a good thing we got those evil gun traffickers off the street.

 

 

Old guy should have just got a gssf membership.

[OfcrFek 21]

Not saying I agree with it. Just saying to CYA. If they caught it and decided to prosecute, you wouldn't be a test case, there's already a precedent established the prosecutor is going to point at.

[boo 6]

I thought it was still legal to buy on someone's behalf if it's a gift. The issue with the ex-cop and father-in-law is that the father-in-law had reimbursed the ex-cop and there was proof in the form of a deposited personal check.

[Sota 1,191]

unless there's something extra special about the 96 you're giving your son, you're better off giving him cash and telling him to do what he wants with it. if that want is to pick up a firearm via private sale (which appears to be legal) then so be it. otherwise, any path taken where by a firearm you own as a NJ resident winding up in your son's hands in NC is going to smell like bad juju. once he turns 21 you can gift it to him across state lines without issue, using an FFL.