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NORTH CAROLINA FIREARMS LAWS

This publication is only represented to be current as of the revision date on this cover page. Material in this publication may have been altered, added, or deleted since the revision date. Information contained in this publication should not be relied upon as legal advice in a particular scenario. This information is designed as a reference guide only.

ROY COOPER

ATTORNEY GENERAL

JOHN J. ALDRIDGE

, III

SPECIAL DEPUTY ATTORNEY GENERAL (Retired)

NORTH CAROLINA DEPARTMENT OF JUSTICE

LAW ENFORCEMENT LIAISON SECTION

REVISED September 2014

Publication Website: http://www.ncdoj.com

1

TABLE OF CONTENTS

I. INTRODUCTION ........................................................................................................... 2

II. REQUIREMENTS FOR THE PURCHASE OF FIREARMS ................................... 2

A. Federal Requirements ...................................................................................................... 2

B. North Carolina Requirements .......................................................................................... 4

C. Eligible Persons ............................................................................................................... 6

1.

Federal Law Requirements.......................................................................................................6

2.North Carolina Requirements...................................................................................................7

D. Temporary Transfers of Firearms .................................................................................. 10

E. Soliciting Unlawful Purchase ........................................................................................ 11

F. Out-of-State Purchase .................................................................................................... 11

III. POSSESSING AND CARRYING FIREARMS ......................................................... 11

A. Carrying Concealed Weapons ........................................................................................ 11

B. Law Enforcement Officers Safety Act of 2004 ............................................................. 13

C. Concealed Handgun Permit ........................................................................................... 14

D. Transporting Weapons ................................................................................................... 22

E. Areas Where Weapons Are Prohibited .......................................................................... 23

1. Schools

2. Assemblies and Establishments.............................................................................................26

3. State Buildings........................................................................................................................27

4.Events Occurring In Public Places........................................................................................27

5.Areas of Emergency and Riots...............................................................................................28

6.Going Armed To The Terror Of The People........................................................................28

7.Storage of Firearms.................................................................................................................28

F. Persons Acquitted of a Crime by Reason of Insanity .................................................... 28

IV. RESTRICTED AND PROHIBITED WEAPONS ...................................................... 29

A. Ballistic or Projectile Knives ......................................................................................... 29

B. Weapons of Mass Destruction ....................................................................................... 29

C. Nuclear, Biological, or Chemical Weapons of Mass Destruction ................................. 30

D. Machine Guns ................................................................................................................ 32

E. Teflon-Coated Bullets .................................................................................................... 33

V. FELONY FIREARMS ACT ......................................................................................... 34

VI. AGE REQUIREMENTS FOR THE PURCHASE AND POSSESSION OF

WEAPONS ..................................................................................................................... 34

VII. FIREARMS DEALERS ................................................................................................ 36

VIII. COMMONLY ASKED FIREARMS QUESTIONS .................................................. 37

IX. ADDITIONAL INFORMATION ................................................................................ 40

APPENDIX .................................................................................................................................. 42

DISQUALIFYING CRIMINAL OFFENSES For Concealed Handgun Permits ......................... 42 "DO'S AND DON'TS" OF CARRYING A CONCEALED HANDGUN .................................. 44 (applicable to concealed handgun permittees only) 2

I. INTRODUCTION

This publication is designed to assemble and present the basic firearms and weapons laws of North Carolina in an effort to educate and emphasize for the public, the responsibilities and duties pertaining to the possession and use of firearms and related weapons in North Carolina. Most of the guidelines regarding the use, possession, and transfer of firearms in this publication are based upon statutory authority, case law, and Attorney General opinions. As there is an ever increasing awareness of firearms and their potential for misuse, all gun owners are urged to carefully evaluate their current methods of using and transporting firearms to ensure compliance with North Carolina law. In those circumstances where a gun owner is unsure of his/her compliance, he/she is urged to contact his/her local District Attorney, the Attorney General's office, or private counsel for guidance.

II. REQUIREMENTS FOR THE PURCHASE OF FIREARMS

On February 28, 1994, the Brady Handgun Violence Prevention Act became law. The Brady Law established numerous procedures to govern purchases of firearms from federally licensed firearms dealers. On November 30, 1998, the permanent provisions of the Brady Law took effect. The permanent provisions of the Brady Law provide for the establishment of a National Instant Criminal Background Check System (NICS) that federally licensed firearms dealers must contact before transferring any firearm (handgun or long gun) to individuals. 28 CFR 25.1. The NICS system is operated by the Federal Bureau of Investigation (FBI). Effective December 1, 1995, the Bureau of Alcohol, Tobacco, and Firearms (BATF) concluded that the handgun permitting scheme established in North Carolina complies with the exceptions provided in the Brady Law. Therefore, North Carolina's handgun purchase permits will suffice as a suitable alternative method for the purchase of a firearm in North Carolina from a federally licensed firearms dealer under Brady. Therefore, all firearm sales from federally licensed dealers after November 30, 1998 must include a NICS inquiry or a recognized alternative, such as a valid North Carolina-issued pistol purchase permit. The specifics of NICS and its alternatives are discussed below.

A. Federal Requirements

Unless an alternative is recognized, if an individual wants to purchase a firearm from a licensed dealer, the dealer must contact the FBI's NICS Operations Center by telephone. 18 U.S.C. 922(t)(1)(A). The dealer will provide pertinent information about the purchaser to the NICS Center, which will conduct a check of the available data to verify or deny the individual's eligibility to receive or possess firearms.

The NICS databases will include:

1. Illegal/Unlawful Alien Files

2. Controlled Substance Abuse Files

3

3. Dishonorable Discharge Files

4. Citizenship Renunciant Files

5. Mental Commitment Files

6. Wanted Persons Files

7. Domestic Violence Protection Order Files

8. Criminal History Files

28 CFR 25.1

Note: Within 48 hours after receiving notice of any of the following judicial determinations, the clerk of superior court will transmit a record of that determination to the NICS system. These determinations include:

1. A judicial finding that a person will be involuntarily committed for in-patient mental

health treatment upon a finding that the person is mentally ill and a danger to him/herself or others.

2. A judicial finding that an individual will be involuntarily committed for out-patient

mental health treatment upon a finding that the person is mentally ill and, based on the person's treatment history, is in need of treatment to prevent further disability or deterioration that would result in a danger to him/herself or others.

3. A judicial finding that an individual will be involuntarily committed for substance

abuse treatment upon a finding that the person is a substance abuser and a danger to him/herself or others.

4. A finding that an individual is not guilty by reason of insanity.

5. A finding that an individual is mentally incompetent to proceed to trial.

6. A finding that a person lacks the capacity to manage his/her own affairs due to a

marked subnormal intelligence or mental illness, incompetency, condition, or disease.

7. An official determination to grant a petition to a person to remove any disabilities as a

result of an involuntary commitment pursuant to N.C. Gen. Stat. § 122C-54.1. These records of in-patient and out-patient treatment are confidential and accessible only by an entity having proper access to NICS. N.C. Gen. Stat. § 122C-54. The clerk of superior court will also evaluate any other disqualifying court orders or information to determine what information can be practically sent to NICS and will transmit this information within 48 hours of making the determination that the information can be sent. Prior to the sale taking place, the firearms dealer will have the purchaser complete and sign BATF Form 4473, Firearms Transactions Record. 27 CFR 478.124(a). The dealer will then verify the identity of the purchaser by examining a government-issued photographic identification card (for example, a driver's license). 27 CFR 478.124(c)(3)(I). The dealer will then contact NICS. The NICS Center will respond to the dealer with either a "proceed," "denied," or "delayed" response. If a "denied" response is received, the dealer will provide the 4 person with literature on his/her appellate rights. If a "delayed" response is received and there is no additional response from the system, the sale can take place after three (3) business days have elapsed. 27 CFR 478. 102(a)(1). Federal Firearms Licensees (FFLs) must keep a copy of each BATF 4473 for which a NICS check has been initiated, regardless of whether the transfer of the firearm was completed. If the transfer is not completed, the FFL must keep the Form 4473 for five (5) years after the date of the NICS inquiry. If the transfer is completed, the FFL must keep the Form 4473 for twenty (20) years after the date of the sale or disposition. 27 CFR 478.129(b). The Brady Law recognizes certain alternatives to the NICS checks. Since North Carolina handgun purchase permits qualify as an alternative to a NICS check, a firearms dealer may conclude a sale of a handgun or long gun without a NICS check, if the purchaser delivers a valid North Carolina-issued pistol purchase permit to the dealer. NOTE: North Carolina law allows for the purchase of a single handgun with a single valid purchase permit. Multiple long guns may be purchased with a single pistol purchase permit; however, they must be purchased in a single transaction. It is the opinion of the United States Department of Justice that a valid North Carolina Concealed Handgun Permit may be used as an alternative to a NICS check for the purchase of firearms. Again, multiple long guns may be purchased if they are purchased in a single transaction. If the transfer of a firearm is made by a licensed dealer to a person pursuant to the permit alternative, the purchaser must first complete and sign the BATF Form 4473. As usual, the dealer will verify the identity of the purchaser by photographic identification. The permit must be valid and issued within the preceding five (5) years. 27 CFR 478.102(d)(1)(ii). If a pistol purchase permit is used, the dealer will retain the original permit for the transaction. If a concealed handgun permit is used to buy a long gun, the dealer will either make a copy of the permit and attach it to the Form 4473 or record the permit number, issuance date and expiration date on the form. Transfers of firearms to law enforcement officials for their official use are exempt from the provisions of the Brady Law when the transaction complies with the conditions set forth in the federal regulations at 27 CFR 478.134. In general, the purchaser must provide a certification on agency letterhead, signed by a person in authority within the agency (other than the officer

purchasing the firearm), stating that the officer will use the firearm in official duties, and that a

records check reveals that the purchasing officer has no convictions for misdemeanor crimes of domestic violence. If these conditions are met, the purchasing officer is not required to complete a Form 4473 or undergo a NICS check. However, the licensee must record the transaction in his/her permanent records and retain a copy of the certification letter.

B. North Carolina Requirements

North Carolina's pistol permitting and concealed carry permit laws qualify as an alternative to the requirements of the Brady Law. Therefore, when a person desires to purchase a handgun from a federally licensed dealer, the person needs to comply solely with North Carolina's pistol permit laws, and present a valid permit to purchase a handgun or valid North Carolina-issued 5 concealed carry permit. (Please note: Even if a NICS inquiry by a federally licensed dealer was done in this circumstance, it does not do away with the necessity for a pistol purchase permit.) As always, any other transfer between private individuals is also governed by North Carolina's pistol permit laws. Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the State, any pistol, unless the purchaser or

receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county

where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat.

§ 14-

402(a).

In addition, this State law has been interpreted to require that a pistol permit be obtained by the receiver of a handgun when such person inherits a pistol as a result of the death of another person. The permit should be given to and retained by the seller or donor of the handgun. In such a case, the permit should be given to the executor or receiver of the estate of the deceased person. If the purchaser or receiver uses a North Carolina-issued concealed carry permit for the transfer, the seller should reference such permit on a bill of sale. Further, it is unlawful for any person to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, or railroad agent or employee, within the State of North Carolina, any pistol without having in his/her possession, such a pistol purchase permit or North Carolina concealed carry permit. A violation of this pistol permit law is a Class 2 misdemeanor under North Carolina law. Specifically exempted from the provisions of this permit requirement is the transfer of antique firearms or historic-edged weapons. An "antique firearm" is one that was manufactured on or before 1898 and includes any firearm with a matchlock, flintlock, percussion cap, or similar ignition system. It also includes a replica thereof if the replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition. It also includes any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, which is designed to use black powder substitute, and which cannot use fixed ammunition. N.C. Gen. Stat.

§ 14-409(a). However, the

term "antique firearm" does not include any weapon which incorporates a firearm frame or receiver; is converted into a muzzle loading weapon; or is a muzzle loading weapon that can be readily convened to fire fixed ammunition by replacing the barrel, bolt, breechlock, or any combination thereof. A "historic-edged weapon" is defined to be a bayonet, trench knife, sword, or dagger manufactured during or prior to World War II, but no later than January 1, 1946. N.C.

Gen. Stat.

§ 14-409.12. The requirement of obtaining a permit prior to the receipt of a handgun does not apply to the purchase and receipt of "long guns," such as shotguns and rifles. 6

C. Eligible Persons

1. Federal Law Requirements

As a general rule, the following categories of persons are ineligible to receive or possess a firearm under federal law: a. Persons under indictment or information in any court for "a crime punishable by imprisonment for a term exceeding one (1) year"; 1 b. Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one (1) year. A person would not be ineligible under this criteria if the person has been pardoned for the crime or conviction, the crime or conviction has been expunged or set aside, or the person has had his/her civil rights restored, and under the law where the conviction occurred, the person is not prohibited from receiving or possessing any firearm; c. The person is a fugitive from justice; d. The person is an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance; e. The person has been adjudicated mentally defective or has been committed to a mental institution. To be prohibiting, a commitment to a mental institution must be involuntary and it must result in the person being committed to either in-patient or out-patient treatment; f. The person has been discharged from the U.S. armed forces under dishonorable conditions; g. The person is illegally in the United States; or h. The person, having been a citizen of the United States, has renounced his or her citizenship.

Effective September 30, 1996, 18 U.S.C.

§ 921(a) was modified in the "Lautenburg

Amendment" to prohibit the possession of firearms and ammunition by anyone convicted of a "domestic violence" misdemeanor under federal or State law which has, as an element, the use or attempted use of physical force, or the threatened use of a deadly weapon, committed by a current or former spouse, parent, or guardian of the victim, by a person with whom the victim 1 "A crime punishable by imprisonment for a term exceeding one (1) year", ' as discussed in C. 1.

above, excludes state misdemeanors punishable by imprisonment for 2 years or less. Domestic violence

misdemeanors discussed herein are however disqualifying misdemeanors under federal law. 18 USC §

922(d).

7 shares a child in common, by a person who is cohabitating with, or has cohabited with the victim as a spouse, parent, or guardian, or by a person similarly situated to a spouse, parent, or guardian of the victim. A person is not considered convicted unless the person was represented by counsel in the case, or knowingly and intelligently waived the right to counsel in the case; and if the person was entitled to a jury trial, the person was tried by a jury or waived his ght to such trial. Further, the person is not considered convicted if the conviction has been expunged or set aside, or is an offense for which the person has been pardoned or has had his/her civil rights restored (if the law of the applicable jurisdiction provides for the loss of civil rights under such an offense) unless the pardon, expungement, or restoration of civil rights expressly provides that the person may not ship, transport, possess, or receive firearms. 18 U.S.C.

§ 921(a)(33) and 18

U.S.C.

§ 922(g)(9).

2. North Carolina Requirements

A county sheriff is only authorized under N.C. Gen. Stat.

§ 14-402 to issue a

permit to receive or purchase a handgun when an application is submitted by a person who is a resident of his/her particular county. The sole exception is that the sheriff may issue a permit to a non-resident when the purpose of the permit is for collecting. Prior to issuing a permit, the sheriff must fully satisfy him/herself by affidavits, oral evidence, or otherwise, that the applicant is of good moral character and that the person, firm, or corporation wants to possess the weapon for one of the following purposes: a. The protection of the applicant's home, business, person, family, or property; b. Target shooting; c. Collecting; or d. Hunting. Additionally, the sheriff must verify by a criminal history background investigation that it is

not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a

handgun. The sheriff shall determine the criminal history of any applicant by accessing computerized criminal history records as maintained by the State and Federal Bureaus of Investigation, by conducting a national criminal history records check, and by conducting a criminal history check through the Administrative Office of the Courts. N.C. Gen. Stat.

§ 14-

404.
North Carolina law further specifies that a permit shall not be issued to the following: a. An applicant who is under an indictment, or information for, or has been 8 convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to anti-trust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony and is later pardoned may obtain a permit, if the purchase or receipt of the pistol does not violate the conditions of the pardon; b. The applicant is a fugitive from justice; c. The applicant is an unlawful user of or addicted to marijuana, any depressant, stimulant, or narcotic drug; d. The applicant has been adjudicated incompetent or has been committed to any mental institution; e. The applicant is an alien illegally or unlawfully in the United States; f. The applicant has been discharged from the U.S. armed forces under dishonorable conditions; g. The applicant, having been a citizen of the United States, has renounced his/her citizenship; or h. The applicant is subject to a court order that: (1) Was issued after a hearing of which the applicant received actual notice, and at which the applicant had an opportunity to participate; (2) Restrains the person from harassing, stalking or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and (3) Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child, or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.

N.C. Gen. Stat.

§ 14-404.

As previously mentioned, federal law prohibits aliens who are illegally in the United States from receiving or possessing firearms. Additionally, subject to certain exceptions, aliens who are in a non-immigrant status are prohibited from possessing or receiving firearms. 18 U.S.C.

922(d)(5). Therefore, sheriffs must make additional inquiries of applicants for pistol purchase

permits to determine their alien status. The sheriff must first determine if the applicant is a citizen. If the applicant is not a citizen, the sheriff must obtain additional information on the person to include his/her country of citizenship, place of birth and alien or admission number. If 9 applicable, the sheriff may have to determine the basis of any claimed exemption from the non- immigrant alien prohibition. For example, a non-immigrant alien could possess or receive a firearm if he/she is in possession of a valid hunting license issued in the United States; is an official representative of a foreign government accredited to the United States; or has received a waiver by the United States Attorney General. 18 U.S.C.

§ 922(y).

The requirement for obtaining a permit before purchasing or receiving a handgun does not apply to law enforcement officers of North Carolina, who are authorized by law to carry firearms. To use such an exemption, however, the law enforcement officer must identify him/herself to the seller of the handgun as being a law enforcement officer authorized to carry firearms, and provide any of the following:

1. A letter signed by the officer's superior officer stating the officer is authorized to

carry a firearm;

2. A current photographic identification card issued by the officer's employer;

3. A current photographic identification card issued by a State agency that identifies the

officer as State law enforcement; or

4. A current identification card from the officer's employer and one other form of

photographic identification.

N.C. Gen. Stat.

§ 14-404(d).

NOTE: If the officer is purchasing or receiving a handgun from a federally licensed firearms dealer, federal law may nonetheless require a NICS check be conducted. Each applicant for a permit should be informed by the sheriff within fourteen (14) days of the date of his/her application whether the permit will be granted or denied. When a sheriff is not fully satisfied with the applicant's good moral character or eligibility to receive a permit, he/she should notify the applicant of the reasons for his/her refusal to issue a permit within seven (7) days of the decision. Notification must cite the specific facts and law upon which the sheriff concluded that the applicant was not qualified for the permit. An applicant refused a permit has a right to appeal such refusal to the Chief District Court Judge for the district in which the application was filed. A judicial determination upholding the denial will be forwarded to NICS by the Clerk of Superior Court within forty-eight (48) hours. N.C. Gen. Stat.quotesdbs_dbs20.pdfusesText_26