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-   -   First post! Need help with trading a gun (http://www.firearmstalk.com/forums/f14/first-post-need-help-trading-gun-47476/)

pmoss58 08-29-2011 12:49 AM

First post! Need help with trading a gun
 
Hello and so glad I found this site it is great.

Well I need some help with a trade of my gun.

I am looking to trade one of my M4s for a Colt 357 Python. The problem is the gun was first sold in CA (where it was registered we think) the owner went to afghanistan and very sadly was killed. His father gave all his sons guns to his son in law. He is the one that wants to trade me. We are both stationed in NC. He is from Louisiana (registration not required) I am from Ohio(registration not required).

I hope you are still with me.

So how do I found out if the gun is registered and who to. How do i get it registered to me so I dont have to worry about getting pulled over and cop saying it is stolen and taking it from.

I really hope someone can help me with this

Semper Fi

danf_fl 08-29-2011 01:45 AM

Bill of Sale by current owner. And with an out of state transfer, go through an FFL holder.

Sniper03 08-29-2011 02:10 AM

58,

If you know the guys name who has it and location. And if you know any officers in your area they can run the serial number of the weapon. If it is stolen then they know where it is. If not it will be negative and who cares who it was registered to. I would say ask him for the serial numbers and advise him you want to run a check on it. If he is reluctant you may want to run from the deal.
03

jeffxc 08-29-2011 03:13 AM

You could..
 
You could try this site:
https://www.stolenweapon.com/index.php

I don't know how accurate it is, but it's there.

CHLChris 08-29-2011 05:33 AM

Interesting question, registration. I don't think firearms are registered, necessarily, at least in the 3 states you mentioned (and hopefully nowhere). Even in CA, I don't think the gun is registered, the person buying the gun has to go through a background check and a waiting period. But just a bill of sale transfers the gun's ownership, with no waiting period (some antigunners call this the gun show loophole). Across state lines is a different issue, but even that is just an issue of transfer, not of registration.

As long as the gun isn't stolen, it isn't "registered" to anyone. There may be a history of previous owners who had to go through a background check, but it isn't like a vehicle.

Now, I hope you know what my legal advice is worth!!:eek:

shadamai 08-29-2011 05:35 PM

First, I am not a lawyer and cannot give you legal advice; this is only based on my personal experience.

NC requires a pistol purchase permit in order to buy a handgun. I was told in a class I took that even for a private firearm sale, trade, or even a gift in NC, there are certain requirements and permits required.

I found this quote at NC Firearms Law :

"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. N.C. Gen. Stat. 14-402(a)"

You can look at the actual law itself at GS_14-402 .

Again, I cannot give legal advice, but this seems to indicate simply swapping guns within the state and without proper permits on both sides would be in violation of state law. You don't want something to come of this later. The local gun store I visit in NC has certain paperwork that must be filled out whenever a gun is sold and they must retain the pistol purchase permit or record the CCW permit information (that can also be used to purchase handguns.)

Here is an option that you may consider and talk to your local FFL about. My local gun store occasionally sells guns on consignment for individuals who are looking to sell their weapons. The dealer meets all the state and federal requirements involving the sale, retains the NC permit or records the CCW information, and finds a buyer (although in your case you already have a potential buyer) in exchange for a percentage of the sale. Anyone receiving a gun in such a transaction would still require a proper state issued permit. I imagine you could also ask the dealer about checking the serial to make sure it isn't stolen before you buy it (if that isn't already a legal obligation he may have.)

I don't know anything about private sales/transfers not involving a FFL and whether or not there are any other requirements if both of you do already have NC permits or NC CCW.

Keep this information in mind, but get your legal advice from the appropriate North Carolina agency, FFL, or lawyer.

c3shooter 08-29-2011 07:46 PM

For someone that is not a lawyer, you have just been given good advice.

If you are both active duty military stationed in NC, you can recieve a handgun from him- but as said, NC does require a permit to purchase.

Under Federal law (18 US Code 922) you may only recieve a handgun from a resident of, or a dealer in, your state of residence. However, active duty military permanently stationed (not TDY) in a state is considered a resident of that state for purposes of receiving a firearm.

And as HE said up there- IANAL. The suggestion to have the swap handled thru a NC FFL is not a bad one.

shadamai 08-29-2011 08:10 PM

Quote:

Originally Posted by c3shooter (Post 571605)

And as HE said up there- IANAL. The suggestion to have the swap handled thru a NC FFL is not a bad one.

I am not a 'he' either :p lol...

pmoss58 08-29-2011 08:19 PM

Thanks so much for the help so far!! As of right now using stolenweapon.com has helped and i have a cop friend check to make sure was not stolen. We are just going to do the weapons transfer in Ohio, because there is a lot less paper work to do. I also called Colt and had them do a SN check to find out as much info as i can. Yes it did cost me $75.00 but i think it is well worth the cost. If anyone ever has to do the same thing with Colt, it was very easy and they were very helpful. They told me where, who, and when the gun was first sold.

Thanks for all the help again

Semper Fi

therewolf 08-29-2011 09:57 PM

Not what to do, what I do.

Go through an FFL. EVERY TIME.

Preferably one you know and trust.

The expense is worth the peace of mind, IMO.


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