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Old October 20, 2012, 09:24 PM   #1
jschneider93
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Do the same laws apply to guns at an auction as at a gun store?

I moved from FL to NC recently, and haven't gotten my license changed over yet. Fl residents can't buy guns from gun dealers in other states besides states that touch FL. I can buy a gun from a private individual, though. There's an auction tomorrow with guns that I'm interested in. Do the same rules apply when buying guns at an auction as at a gun dealer, or am I allowed to buy a gun at this NC auction, even though I still have my FL license?
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Old October 20, 2012, 10:11 PM   #2
dogtown tom
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Quote:
jschneider93 I moved from FL to NC recently, and haven't gotten my license changed over yet. Fl residents can't buy guns from gun dealers in other states besides states that touch FL. I can buy a gun from a private individual, though. There's an auction tomorrow with guns that I'm interested in. Do the same rules apply when buying guns at an auction as at a gun dealer, or am I allowed to buy a gun at this NC auction, even though I still have my FL license?
You're asking several questions in one....

If you are a resident of NC, Federal law permits you to acquire ANY firearm from a licensed dealer or via private sale. Having a FL drivers license doesn't change the fact that you are a resident of NC. If you buy from a licensed dealer you would need to provide "alternate documentation" that shows your name and CURRENT residence address in NC.

What law restricts FL residents to purchasing guns only from its border states?
The Federal "contigious state" restriction disappeared in 1986.

Not all auctioneers are required to hold an FFL. Those that don't will often use a local gun dealer to transfer any firearms.
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Old October 20, 2012, 11:55 PM   #3
Frank Ettin
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[1] If you are a North Carolina resident buying a gun from a private party who is a resident of North Carolina, whether directly or through an auction, the transfer will need to be conducted in a manner that satisfies North Carolina law. I'm not sure, but I think that North Carolina may have some requirements for purchasing guns intrastate, even from a private party. You will need to do some research and make sure you understand whether there are such requirements and how you can satisfy them.

[2] If you are a North Carolina resident buying a gun from a dealer in North Carolina, the transfer will need to conform to the requirements of both North Carolina law and federal law. That will mean you will need to establish that in a legally acceptable manner that you are a North Carolina resident.

[3] If you are a North Carolina resident buying a gun from a private party who is a resident of another State, or a dealer in another State, whether directly or through an auction, federal law requires that the transfer be done by an FFL (in North Carolina, if a handgun). As with any FFL transfer, you will need to provide satisfactory evidence of your State of residence.
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Old October 21, 2012, 05:15 AM   #4
jschneider93
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Well I'm not formally a resident of NC yet. Would A pay stub sent to my house with my name on it count as "alternate documentation"?

I'm not sure of the law restricting FL residents from purchasing guns only from it's border states. I've looked it up on a couple of occasions, and that's what I kept seeing everywhere, but I could be wrong. I hope I am.

I did leave out two details, though.
1) The guns are rifles, not handguns.
2)It's an auction at an estate sale, not just a general auction. So if I were to buy a gun, would I be buying it from the company doing the auctioneering, or would it be considered a private sale?

I would just go and ask what the rules are at the auction, but it's over an hour away, so it's not really worth it to do that.
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Old October 21, 2012, 10:20 AM   #5
Don H
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Quote:
Originally Posted by jschneider93
I would just go and ask what the rules are at the auction, but it's over an hour away, so it's not really worth it to do that.
Doesn't the auction house have a phone number? A web site with a 'Contact us' section?
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Old October 21, 2012, 11:32 AM   #6
dogtown tom
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jschneider93 Well I'm not formally a resident of NC yet. Would A pay stub sent to my house with my name on it count as "alternate documentation"?
For the purposes of buying a firearm, ATF considers you a resident of the state where you make your home. There is no "formally" involved.

If your government issued photo ID (your FL DL) does not show your current residence address, then you may use "alternate documentation" to prove your current address. The alternate documentation must be "government issued".....so pay stubs, bank statements, etc would not be acceptable.

What would be acceptable:
traffic tickets
hunting or fishing licenses
tax documents from city/state/county (not W2's)
Utility bills if from a municipality

To be valid the alternate documentation must have both your name and the current residence address (not a PO box).
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Old October 21, 2012, 03:53 PM   #7
Glenn Dee
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In order to purchase a handgun within the state of Florida you must be a resident of the state. This applies to FFL, auctions, and private sales. If the FFL or seller wants they may require you to provide 90 days worth of bill/s from a utlity or 90 days worth of bank reciepts.

You may not purchase, and take possesion of a firearm in Florida unless your a Florida resident. Thats it.
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Old October 21, 2012, 05:00 PM   #8
Fishing_Cabin
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jschneider93,

Just to give you a brief, readable reading of the NC firearm laws, I have placed a link to the NC Sheriffs website of the NC Firearm Laws below.

http://www.ncsheriffs.org/documents/...ws-rev2011.pdf

This should give you a solid understanding of what North Carolina requires. Also, the link I provided will detail the various different ways of purchasing a firearm as well.

Last edited by Fishing_Cabin; October 21, 2012 at 05:45 PM.
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Old October 23, 2012, 08:52 AM   #9
Stressfire
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am I allowed to buy a gun at this NC auction, even though I still have my FL license?
I would say no...but i don't believe there is anything preventing you from having it shipped via FFL to your home state. Not terribly helpful if you moved, I know.

Why not just update your ID? Call the License Bureau in NC and see what they need to change it
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Old October 23, 2012, 01:20 PM   #10
dogtown tom
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Quote:
Stressfire
Quote:
Quote:
am I allowed to buy a gun at this NC auction, even though I still have my FL license?
I would say no...but i don't believe there is anything preventing you from having it shipped via FFL to your home state. Not terribly helpful if you moved, I know.
FL is no longer his state of residence....NC is.




Quote:
Why not just update your ID? Call the License Bureau in NC and see what they need to change it
This.
Most states give you two weeks or so to change your license.
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Old October 24, 2012, 08:37 AM   #11
Rifleman1776
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Doesn't the auction house have a phone number?
Why bother? It is easier to ask here and get a dozen conflicting opinions and guesses.
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Old October 24, 2012, 08:54 AM   #12
Don P
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A friend of mine is an FFL in PA. I know different state, he is doing transfers for the gentleman selling guns at auction. All guns must go through an FFL. He has to do the transfers from his home and all transfers go through the PA back ground check system. Long guns should not be a problem in NC with a FL license, hand guns, another animal.
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