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Old February 13, 2013, 05:25 PM   #1
nathaniel
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ND private sale laws

I am trying to sell a single action 357 magnum here in ND. The only problem is can I sell it to someone 18 and older or do they have to be 21? I asked the local sherrif and he wasnt 100% sure and I cant find it on the internet. Any help would be appreciated.

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Old February 13, 2013, 05:28 PM   #2
JimDandy
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I'll be first. Find a local firearms specializing lawyer. It'll cost you less to get a letter from him saying yea or nay, than it will to have him defend you after the fact. If you are exceptionally frugal you could look up the USC and ND Revised Code or whatever ND calls it.. but yeah it's cheaper to get a letter from a JD specializing in firearms law. Edit- as a third option that may or may not be cheaper, you can go through an FFL third party.
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Old February 13, 2013, 09:26 PM   #3
Hunter Customs
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You might want to check with your State Attorney General, he should be able to answer any question you have on State law.

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Old February 14, 2013, 07:28 AM   #4
wally626
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Should not be too hard to find the ND statutes on gun purchase, below is the NRA-ILA synopsis of the ND law. It looks like from this that ND is like the majority of states where you can privately sell a handgun to someone 18 or over but a FFL cannot. But check the ND statutes. www.handgunlaw.us also list the minimum possesion age for handguns as 18. That is also the minimum age for applying for a permit.


Quote:
It is unlawful to sell a handgun to a minor. However, this does not prohibit a person from lending or giving a handgun to a minor if he or she will be using the handgun under direct supervision of an adult. No person may transfer a handgun to any person who the transferor knows or has reasonable cause to believe is prohibited from possessing a firearm. It is unlawful to supply a firearm or ammunition to, or procure or receive a firearm or ammunition for; a person prohibited from receiving it if the transferor knows or has reasonable cause to believe that such person is prohibited from receiving or possessing it.
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Old February 14, 2013, 07:38 AM   #5
dos0711
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The Sheriff didn't know? wow.
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Old February 14, 2013, 12:12 PM   #6
AH.74
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Quote:
Find a local firearms specializing lawyer.
No offense, but when you can go right to the website and read the laws for yourself, there is no reason to pay a lawyer.

A little time searching is usually well-spent. I found this very quickly, which specifies that which has already been mentioned regarding sales to minors:

62.1-02-01

d. A person under the age of eighteen years may not possess a handgun except that such a person, while under the direct supervision of an adult, may possess a handgun for the purposes of firearm safety training, target shooting, or hunting.

http://www.legis.nd.gov/cencode/t62-...20130214110504
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Old February 14, 2013, 01:32 PM   #7
carguychris
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Quote:
The Sheriff didn't know? wow.
I wouldn't necessarily expect him or her to know, unless he or she had been involved in a case in which someone had been charged. I suspect that the average local LE officer in America has far more experience with cases involving illegal possession of a firearm rather than illegal sale or purchase of a firearm.

This is a good time to rehash one of the oft-repeated saws of the TFL L&CR subforum: Do not expect local law enforcement to be experts on state laws regarding the purchase or sale of firearms.
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Old February 14, 2013, 07:36 PM   #8
vranasaurus
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If you need to consult an expert find a lawyer. You local law enforcement are not necessarily experts on the law especially when it comes to the requirements for buying and selling firearms.

The Attorney General does not provide legal advice to citizens. In some states they do have opinions, drafted at the behest of a legislator or other member of government, that you can read.

The best option is to look up and read the statutes yourself. In many instances they are very clear. One thing to remember that what is not prohibited is permitted. So don't search statutes looking for them to say hat is permissible. Many people ask "where does it say I can do this" which is the wrong question. The internal revenue code is an exception to this general rule.
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Old February 14, 2013, 10:58 PM   #9
Tom Servo
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The OP's question wasn't about minors, it was about someone 18 or older.

Federal law allows it. I don't believe ND has a stricter law, but it wouldn't hurt to check.

The 21-year-old age limit is for licensed dealers selling handguns, not for individuals.
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