Can a spouse purchase a gun for his/her spouse

cuban11182 · January 31st, 2008, 11:46 AM

Can a wife/husband buy a gun in NC, where a pistol purchase permit is need ed to purchase from dealer, and just give the gun to their significant other as a gift? Without the need to give up one of their pistol purchase permits

SIXTO · January 31st, 2008, 11:47 AM

yes, but is a permit needed to posses is the question.

JonInNY · January 31st, 2008, 11:52 AM

Not sure, but here in NY it is absolutely prohibited. ONLY the purchaser can get the permit in his/her name, for the firearm purchased.

If this is a gift, best bet is to have the recipient get their permit, then give them a gift certificate for them to get their own firearm. In NY you can also get reciprocal permits, where all firearms are cross-linked on each spouses permit.

You might want to check with your local sheriff's office on this!

Good Luck!

MattLarson · January 31st, 2008, 11:52 AM

Not sure about the specific NC permit issue.

As far as purchase from an FFL is concerned, the answer is a qualified yes.

The purchase would be fine so long as it was intended as a genuine gift and the recipient is under no legal disability that would prevent them from buying the firearm themselves.

If, for instance, the wife were 21 and the husband 20, you hit a murky grey area where it might be legitimate, but it could also arguably be a straw purchase.

Matt

Ram Rod · January 31st, 2008, 11:53 AM

That is a good question. Depending on the specific laws, that could be considered a 'straw purchase'. Have you researched the laws in that area?

cuban11182 · January 31st, 2008, 11:54 AM

correct

im trying to its kinda difficult because of the time difference between Bahrain and the US. I cant find any answers on Google

MattLarson · January 31st, 2008, 12:02 PM

It would appear that both parties must have a purchase permit in the situation in the opening post:

Quote:

3
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)

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

So the wife would have to have a purchase permit to buy the pistol in the first place, and then the husband would have to have one (or an NC CCW) in order to receive it as a gift.

Matt

Cupcake · January 31st, 2008, 12:30 PM

Didn't know that was legal anywhere. Strictly Forbidden in MI.

cuban11182 · January 31st, 2008, 12:35 PM

In PA its allowed. I can actually give my gun to my dad and he can give it to my brother legally.

My wife did call the sheriff and found out that with my CCW, when I get it, I can use a gun that is "hers" for CCW. Which leaves me to believe if the gun isnt reported stolen then there shouldn't be any issues. We don't have to register our guns anyway...i sent an email to the NC Dept of Justice. We will see what happens.

cuban11182 · January 31st, 2008, 01:25 PM

Yes it is allowed. You will just have to register the gun in your/her name for it to be your ccw. thanks again

January 31st, 2008, 11:46 AM	#1
cuban11182 Member Join Date: Nov 2007 Location: NC Posts: 175	Can a spouse purchase a gun for his/her spouse Can a wife/husband buy a gun in NC, where a pistol purchase permit is need ed to purchase from dealer, and just give the gun to their significant other as a gift? Without the need to give up one of their pistol purchase permits

January 31st, 2008, 11:47 AM	#2
SIXTO VIP Member Join Date: Oct 2006 Location: Here and There Posts: 9,983	yes, but is a permit needed to posses is the question. __________________ In a land of sheep, even a toothless wolf is king. Wake Up! The zombie invasion has begun years ago.

January 31st, 2008, 11:52 AM	#3
JonInNY VIP Member Join Date: Jan 2008 Location: Mid-Hudson Valley New York State Posts: 2,523	Not sure, but here in NY it is absolutely prohibited. ONLY the purchaser can get the permit in his/her name, for the firearm purchased. If this is a gift, best bet is to have the recipient get their permit, then give them a gift certificate for them to get their own firearm. In NY you can also get reciprocal permits, where all firearms are cross-linked on each spouses permit. You might want to check with your local sheriff's office on this! Good Luck! __________________ "The right of voting for representatives is the primary right by which all other rights are protected." -- Thomas Paine ____________________________ Quis custodiet ipsos custodes? (Who will guard the guards?) -- Juvenal

January 31st, 2008, 11:52 AM	#4
MattLarson Moderator Join Date: Nov 2005 Location: Central Florida Posts: 2,455	Not sure about the specific NC permit issue. As far as purchase from an FFL is concerned, the answer is a qualified yes. The purchase would be fine so long as it was intended as a genuine gift and the recipient is under no legal disability that would prevent them from buying the firearm themselves. If, for instance, the wife were 21 and the husband 20, you hit a murky grey area where it might be legitimate, but it could also arguably be a straw purchase. Matt __________________ Hope is not a plan.

January 31st, 2008, 11:53 AM	#5
Ram Rod VIP Member Join Date: Dec 2007 Location: crawford county, arkansas Posts: 4,974	That is a good question. Depending on the specific laws, that could be considered a 'straw purchase'. Have you researched the laws in that area? __________________ RamRod-----sans remords

January 31st, 2008, 11:54 AM	#6
cuban11182 Member Join Date: Nov 2007 Location: NC Posts: 175	correct im trying to its kinda difficult because of the time difference between Bahrain and the US. I cant find any answers on Google

January 31st, 2008, 12:30 PM	#8
Cupcake VIP Member Join Date: Mar 2007 Location: Michigan Posts: 2,639	Didn't know that was legal anywhere. Strictly Forbidden in MI. __________________ 30lbs gone. [SIGPIC][/SIGPIC] www.zerotoathlete.blogspot.com My journey to fitness.

January 31st, 2008, 12:35 PM	#9
cuban11182 Member Join Date: Nov 2007 Location: NC Posts: 175	In PA its allowed. I can actually give my gun to my dad and he can give it to my brother legally. My wife did call the sheriff and found out that with my CCW, when I get it, I can use a gun that is "hers" for CCW. Which leaves me to believe if the gun isnt reported stolen then there shouldn't be any issues. We don't have to register our guns anyway...i sent an email to the NC Dept of Justice. We will see what happens.

January 31st, 2008, 01:25 PM	#10
cuban11182 Member Join Date: Nov 2007 Location: NC Posts: 175	Yes it is allowed. You will just have to register the gun in your/her name for it to be your ccw. thanks again

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