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"Permit to Purchase Handgun" in four other states
So what is the process to buy a handgun in some other states that have a permit to purchase? Lets focus on four states that a have "permit to purchase a handgun" law.
How does it differ from New Jersey, how do these states offer a more "streamlined" approach, how many offer a more fairer approach?
Which of one of these states do you think New Jersey would adopt? (I believe all the states mentioned below, if one has a carry permit...the "permit to purchase a handgun" is by passed.)
I created a poll for this purpose...
Note: The information below comes from NRAILA and they give permission to reproduce for non commercial purposes.
North Carolina http://www.nraila.org/gun-laws/state-laws/north-carolina.aspx
A license or permit must be obtained to purchase, sell, give away, transfer, inherit, or receive a handgun by applying to the county sheriff in which the purchase is to be made or where the receiver resides. A purchase permit is good for five years from the date of issue. Antique firearms are exempted. The sheriff shall issue such license or permit to a resident of that county, unless the purpose of the license or permit is for collecting, in which case a license or permit may be issued to a nonresident.
When the sheriff shall have fully satisfied himself as to the good moral character of the applicant, the applicant has successfully completed a criminal history check, and that the applicant desires the possession of the handgun for the protection of the home, business, person, family or property, target shooting, collecting, or hunting, such permit or license shall be issued.
For good cause shown, a license or permit may be denied, and within seven (7) days of such refusal a written statement of the reason shall be issued to the applicant. Each applicant for any such license or permit shall be informed within thirty (30) days of the date of such application whether such license or permit shall be granted or denied, and, if granted, such license or permit shall be immediately issued to said applicant.
An appeal from such refusal may be made to the Chief Judge of the District Court for the district in which the application was filed.
A permit is valid for the purchase of only one handgun. To obtain another handgun, an applicant must procure another permit and must convince the issuing authority that he needs more than one handgun.
To purchase a handgun from a private individual, the buyer must obtain a license to purchase from the chief of police if the buyer lives in a city or the county sheriff if he lives in an area without an organized police department. The buyer must be 18 years of age, a U.S. citizen, a resident of Michigan, have no felony conviction, have never been adjudged insane (unless later restored by court order). If a individual purchases a pistol from a Federal Firearms Dealer, a License to Purchase is not required. However, a pistol sales record must be completed and the seller's FFL number must be reocrded on that form.
The license to purchase must be filled out in triplicate at the time of purchase. The license shall include a description of the handgun sold and the signatures of both the buyer and seller. The seller may retain one copy and the buyer retains a copy, and the last copy is reserved for the Michigan State Police. After purchase and delivery of the handgun is completed, the buyer must return the license to purchase along with the purchased handgun, unloaded and encased or trigger locked, to the local licensing (law enforcement) authority within 30 days.
One copy of the license will be held by the local authority for six years and the remaining copy shall be forwarded to the Commissioner of State Police. The license, once issued, becomes void if not used within 30 days. A valid Michigan CCW holder is exempt from license to purchase requirement, however is still subject to the registration requirements and a criminal background (NICS) check.
A handgun or semiautomatic military-style assault weapon may be sold by a dealer to a person who presents a handgun transferee permit or carry permit, or to a person who has undergone a seven (7) day waiting period where a transfer report has been filed.
A transferee permit may be obtained at no cost from the police chief of a municipality or the county sheriff. The information requested consists of name, residence, telephone number, driver’s license number or non-qualification certificate number, sex, date of birth, height, weight, eye color, and a statement attesting that the transferee does not fall into any of the disqualifying categories listed under POSSESSION.
The police chief or sheriff investigates the applicant and must issue or deny the transferee permit within seven (7) days. The only basis for a denial is if the applicant falls into any of the disqualifying categories listed under POSSESSION. A transferee permit is good statewide for one year to purchase one or more handguns either at one time or at intervals throughout the year.
A person without a transferee permit or carry permit must utilize a transfer report in order to purchase a handgun or semiautomatic military-style assault weapon. The transfer report contains the identification information and statement attesting qualification as required in the transferee permit, and must be signed by the transferor and the proposed recipient. The transferor must deliver the report to the police chief or sheriff no later than three (3) days after the date of the agreement to transfer, excluding weekends and legal holidays. No fee is charged for the transfer report.
Upon receipt of a transfer report, the police chief or sheriff investigates the potential recipient. A handgun or assault weapon cannot be delivered until five (5) days after the agreement to transfer is delivered to the police chief sheriff. The police may waive all or part of the seven (7) day waiting period. At the end of five (5) days, the handgun or assault weapon may be transferred if the transferor hears nothing unfavorable from the police. There is no restriction on the number of handguns or assault weapons a person may acquire as part of a single transfer report.
Once a police determination has been made that a handgun or assault weapon recipient is not prohibited from possessing a handgun or assault weapon, the recipient may, within 30 days after the determination, apply to the police chief or sheriff for a handgun or assault weapon transferee permit, and the permit shall be issued.
A person transferring a handgun or assault weapon to a person exhibiting a transferee permit or carry permit is not required to file a handgun or assault weapon transfer report.
After a determination has been made that the person receiving a handgun or assault weapon is not precluded from possessing one, the person may request that no record be kept of the fact that he is the recipient of a handgun or assault weapon. The police chief or sheriff shall sign the transfer report and return it to the person receiving the handgun or assault weapon. Thereafter, no government employee or agency shall maintain a record of the transfer that identifies the person who received the handgun or assault weapon.
The requirements of a transferee permit, permit to carry, or report of transfer and a seven (7) day waiting period do not apply to transfers between federally licensed firearm dealers or transfers of antique firearms acquired as curiosities or for their historical significance or value.
No person shall transfer a handgun or assault weapon to another who is not personally known to the transferor unless the proposed recipient presents evidence of his identity.
To purchase, receive, or sell a handgun, a certificate is required, (includes private sales) unless:
The transferee is a federally licensed firearms dealer;
It is an antique handgun;
The transfer is to a law enforcement agency;
It is a temporary transfer and the transferee remains
in the line of sight of the transferor or
(b) within the premises of an established shooting facility; or
The transfer is between a person and his or her spouse, sibling, parent, child, aunt, uncle, niece, nephew, or grandparent.
Application for the certificate may be made in person or by mail with the sheriff or police chief of the applicant's place of residence. A background check is conducted within 2 days. A fee of $5.00 shall be charged for a criminal history record check. Upon receipt of the application, the chief of police or sheriff shall, within 2 days, issue the certificate or furnish the applicant the specific reasons for the denial in writing.
A certificate shall be issued if the applicant is 21 or older and is not prohibited by law from purchasing or possessing a handgun. The certificate is valid throughout the state for 3 years to purchase any number of handguns. No civil liability shall arise to any law enforcement agency that complies with the statute.
Any person denied a certificate, whose certificate is revoked, or who has not been issued a certificate upon expiration of the two-day period may appeal within 10 days of receipt of the denial or revocation to the county court of the applicant's place of residence. The applicant shall file with the court the specific reasons for the denial or revocation by the chief of police or sheriff and a filing fee of $10.00 in lieu of any other filing fee required by law. The court shall issue its decision within 30 days of the filing of the appeal.
No federally licensed firearms importer, manufacturer, or dealer shall sell or deliver any handgun to another person, other than a licensed importer, manufacturer, dealer, or collector, until he has inspected a valid certificate issued to such person and inspected a valid identification containing a photograph of such person; or obtained a completed consent form from the potential buyer or transferee (which form shall be established by the Nebraska State Patrol and provided by the licensed importer, manufacturer, or dealer), and inspected a valid identification containing a photograph of such person, and requested by means of a toll-free telephone call that the Nebraska State Patrol conduct a criminal history record check, and have received from the Nebraska State Patrol a unique approval number for such inquiry indicating the date and number on the consent form.
The fee for the instant check is $3.00. The instant check may be used in place of the certificate. Exempt from the instant check are importers, manufacturers, collectors, and dealers.
© 2014 National Rifle Association of America. Institute for Legislative Action. This may be reproduced. It may not be reproduced for commercial purposes. 11250 Waples Mill Rd. Fairfax, VA 22030 1800-392-8683(VOTE)
I am new on the forum, and have tried the search tool, but I have not found a definitive answer to this question. I am currently trying to sell a couple of handguns that I brought with me when I moved from Pennsylvania.
I think I understand the procedure as far as completing the buyers permit to purchase, but one thing isn't quite clear with my reading of the law: where is a legally acceptable *location* to transfer a handgun? Does it always have to be at a range or the home of the buyer/seller? I don't see any other way that wouldn't go afoul of the possession laws.
Any insight on this?