Handgun gift from a GA resident to a NC resident?

Discussion in 'GA Laws and Politics' started by schmoikle, Mar 3, 2007.

  1. schmoikle

    schmoikle Guest

    I'm an NC resident at UGA. I just turned 21 and was looking forward to buying a Walther P22. I went to a gunstore in Athens where a year earlier I had purchased an AR-15. However, much to my dismay, the clerk said I couldn't purchase a handgun without a Georgia driver's license. Is this true? I can't find the laws on this.

    If it is true, what are the laws regarding handgun gifts from a GA resident to an NC resident? Would NC laws apply (purchase permit)? Instead of waiting a month for a NC purchase permit, I was thinking of just getting one of my friends to buy it for me for my birthday. Any help would be greatly appreciated.

  2. Rammstein

    Rammstein New Member

    The clerk was correct. You must be a resident of the state of Georgia to buy a handgun here.

    As for the second part...that may be considered a straw man purchase. I'm not a hundred percent. Just don't go to the gun store and say that your friend is buying you the gun as a present because you cannot legally do so.

  3. Gunstar1

    Gunstar1 Administrator

    These are Federal firearm laws you are having fun trying to understand.

    The problem is with your residency and purchasing a handgun, not with the license. Basically the easiest way for an FFL to know you are a resident of Georgia is for you to have a Georgia Drivers license.

    Rifles and Shotguns can be purchased out of your resident state as long as the sale is in person (you at the store in GA buying a rifle).

    Handguns can only be purchased in the same state, otherwise you will have to make arrangments for the GA dealer to mail the firearm to a NC dealer, who will then do the background check stuff. The problem being the dealers charge for that service, so any cost savings are lost.

    If you have another states drivers license while in Georgia the simple answer is that you can't purchase a handgun. If you had no drivers license then they would have verified residency another way.

    As for a way around this and the NC purchase permit, technically there are none. I can't remember the exact phrasing of it but basically a gift is one in which no other goods/services/money are given in exchange for the firearm. If you are not going to ever pay your friend back for the birthday present, then it is ok.

    If as I suspect, the present will be the friend buying the firearm for you with your money, then that is a Straw Purchase and it is a felony.

    The only way I know of around the NC purchase permit (did not know they even had one) would be to change your state of residence to Georgia. Depending on tuition and other stuff I am not sure if that would be easier or harder than waiting the month for the NC permit.
  4. mzmtg

    mzmtg Active Member

    One can get a GFL without a driver's license...

    ...just throwing that out there...