Weapons; Permit to Purchase

Subject:

Weapons; Permit to Purchase.

Requested By:

Sheriff J. B. Roberts Cabarrus County

Questions:

1. Does a corporation, partnership, or firm which possesses a federal firearm permit and receives for resale any type of handgun, require a permit from the Sheriff of the County in which the handgun is to be received and/or sold?

2. If a pawn shop takes in a handgun, must the owner of the pawn shop have a permit from the Sheriff to obtain that weapon even though he may possess a federal firearms permit?

3. Whether or not the Federal Firearms Law supercedes the State Firearms Law?

Conclusions:

1. No, however, if a handgun is removed from inventory by the dealer and converted to personal use, a permit would be required.

2. No, the pawn shop must, however, maintain an inventory and should the handgun be removed from inventory and converted to personal use, a permit would be required.

3. In the event of a conflict between Federal Firearms Laws and State laws on the same subject matter, the Federal Firearm Laws would preempt the State laws.

Rufus L. Edmisten

Attorney General

William W. Melvin Deputy Attorney General