Please Note: In addition to state laws, the purchase, sale and (in certain circumstances) the possession and interstate transportation of firearms is regulated by the Gun Control Act of 1968, as amended by the Firearm Owners' Protection Act. Also, cities and localities may have their own firearms ordinances in addition to federal and state laws. Details may be obtained by contacting local law enforcement authorities, and by consulting the State Laws and Published Ordinances--Firearms, available from the U.S. Government Printing Office, Washington D.C. 20402.
Rifles and
Shotguns Handguns
_____________________
Permit to Purchase No Yes
Registration of Firearm No No*
Licensing of Owner No No
Permit to Carry No No**
* Police recordation is made of handgun acquisitions.
** Carrying handguns concealed is prohibited.
It is unlawful for any parent or guardian to permit his child under the age of 12 to possess or use ``any gun,'' except when the child is under their direct supervision. (In certain counties, ``any gun'' has been construed to include air rifles and BB guns.) It is unlawful for any other person to furnish any firearm to a child.
It is unlawful for any person convicted of certain felonies to purchase, own, have or possess any firearm with a barrel of less than 18 inches or an overall length of less than 26 inches, within five years of conviction, unconditional discharge from a correctional institution, or termination of a suspended sentence, probation or parole, whichever is later, unless he has had his rights restored. This prohibition does not interfere with any person's right to possess firearms in his home or place of business.
It is unlawful for any person to manufacture, assemble, possess, transport, sell, purchase, deliver, or give to another, any fully automatic firearm, shotgun with a barrel of less than 18 inches or an overall length of less than 26 inches, rifle with a barrel length of less than 16 inches, or an overall length of less than 26 inches, any muffler or silencer for any firearm, or any projectile device, other than a shotgun, with a bore diameter of more than 1/2 inch. Excepted are any surplus ordinance sold, loaned or given by the Secretary of the Army pursuant to Title 10 of the United States Code or any device which the Secretary of the Treasury finds is not likely to be used as a weapon, is an antique, or is a rifle intended to be used solely for sporting purposes under Title 18 of the United States Code.
It is unlawful to possess, or carry, whether openly or concealed, any firearm not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings or in any court. This prohibition shall not apply to state owned rest areas, rest stops along the highways, and state owned hunting and fishing reservations and to members of the armed forces, law enforcement officers and U.S. civil officers while in the discharge of their official duties, and members of the militia and national guard when on duty or called into actual service.
It is unlawful for any person to possess any firearm in any public or private school building or bus, campus, grounds, recreation area, athletic field or other property used or owned by an educational institution. Excepted are members of the armed forces, U.S. civil officers and law enforcement officers while in the discharge of their duties, members of the militia and National Guard when called into actual service and private police employed by the educational institution and for use in a school approved program. It is unlawful for any person to carry a firearm into any assembly where a fee has been charged for admission or where alcoholic beverages are sold and consumed. This does not apply to the owner or lessee of the premises, a person participating in the event and carrying a firearm with the permission of the owner, or a person registered or hired as a security guard by the owner, lessee, or the person or organization sponsoring the event.
A license or permit must be obtained to purchase, sell give away, transfer, or receive a handgun by applying to the county sheriff or the clerk of the Superior Court of the county in which the purchase is to be made. Antique firearms and historic, edged weapons are excepted. This does not apply to a law enforcement officer authorized to carry firearms, if the purchase is directly related to his/her official duties.
The sheriff or the clerk (The issuing authority may be one or the other, depending on the county.) authorized to issue the license or permit shall issue such license or permit to a resident of that county, unless the purpose of the license or permit is for collecting, in which case a license or permit may be issued to a nonresident when the official shall have fully satisfied himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant and that such person desires the possession of the handgun for (1) the protection of the home, business, person, family or property, (2) target shooting, (3) collecting, or (4) hunting.
For good cause shown, a license or permit may be denied, and within seven (7) days of such refusal a written statement of the reason for such refusal shall be issued to the applicant.
Each applicant for any such license or permit shall be informed within thirty (30) days of the date of such application whether such license or permit shall be granted or denied, and, if granted, such license or permit shall be immediately issued to said applicant.
A permit or license may not be issued to a person (1) under indictment or a person who has been convicted of a felony, other than pertaining to antitrust unfair trade, or restrain of trade offenses, except that if a person has been later pardoned or is not prohibited from purchasing a firearm under the Felony Act, he may obtain a permit or license, (2) who is a fugitive from justice; (3) who is an unlawful user of or addicted to a drug, (4) who has been adjudicated incompetent on the ground of mental illness or has been committed to any mental institution. An appeal from such refusal shall lie by way of petition to the Chief Judge of the District Court for the district in which the application was filed.
A permit is valid for the purchase of only one handgun. To obtain another handgun, an applicant must procure another permit and must convince the issuing authority that he needs more than one handgun. The permit is $20.00 payable upon issuance of the license by the sheriff or clerk.
The sheriff or clerk shall keep a record of all permits issued. This record shall contain the name, date, residence, and age of every licensee. Every dealer who sells pistols shall keep a record of all such sales.
At the time of filing annual state tax returns, any person who owns, possesses or has custody of any handgun must list the handgun specifically ``as is now required for listing personal property for taxes.'' In addition, the person must ``designate his place of residence, including local street address.''
A license or permit must be obtained from the Clerk of the Superior Court to purchase or receive any pistol suitable for firing blank cartridges.
It is unlawful to sell, offer for sale, give or dispose of in any way, a handgun to a minor.
It is unlawful for person under 18 to possess or carry a handgun. Any minor in possession of a handgun is guilty of a misdemeanor punishable by imprisonment for up to 6 months, a fine up to $500.00, or both. This prohibition shall not apply to officers and enlisted personnel of the Armed Forces of the U.S. when in discharge of their official duties or acting under orders requiring them to carry handguns, for educational or recreational purposes while supervised by an adult who is present, an emancipated minor who possess such handgun inside his or her residence, and possession while hunting or trapping with written permission from a parent, guardian or other person standing in loco parentis.
There is no provision in North Carolina law for issuance of a permit to carry a concealed weapon.
It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any public place owned or under the control of the state or any of its political sub divisions to willfully or intentionally possess or have immediate access to any firearm. This prohibition shall not apply to persons authorized by law to carry dangerous weapons in the performance of their duties or any person who obtains a permit to carry a firearm at a parade, funeral procession, picket line, or demonstration from the sheriff or police chief of the locality where such activity is to take place. It is unlawful for any person to transport or possess any ``dangerous weapon'' in any area under a declared state of emergency or in the immediate vicinity of a riot.
Excepted from this prohibition are:
Anyone convicted of robbery or attempted robbery with the use of any firearm shall be guilty of a felony and must serve a minimum of five years in prison.
It is unlawful to hunt on Sunday with any rifle, shotgun or handgun.
It is unlawful to point a gun, whether loaded or not at any person. Anyone who commits an assault with a firearm or any other deadly weapon upon any law enforcement officer, fireman, or medical emergency personnel shall be guilty of a class 1 felony.
It is unlawful to teach or demonstrate the use of firearms knowing or having reason to know or intending that firearms will be used in a civil disorder or in furtherance thereof, or assembly with other persons for the purpose of training with or practicing with or being instructed in the use of firearms in furtherance of a civil disorder.
It is unlawful for any person to possess, transport, receive, transfer, manufacture or import ``any Teflon-coated bullet''.
Any person who resides in the same premises as a person under 18, owns or possesses a firearm, and stores or leaves the firearm in a condition that the firearm can be discharged and in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or guardian. This prohibition does not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
Any retail or wholesale store that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase: ``IT IS UNLAWFUL TO STORE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.''
Caution: State firearms laws are subject to frequent change. The above summary is not to be considered as legal advice or a restatement of law. To determine the applicability of these laws to specific situations which you may encounter, you are strongly urged to consult a local attorney.
Compiled by:
NRA Institute for Legislative Action
11250 Waples Mill Road
Fairfax, Virginia 22030
(c) 1994, NRA Institute for Legislative Action.
NS 3N1136 Rev. 7/94 5M