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

101 KB – 46 Pages

PAGE – 1 ============
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 ATTORN EY GENERAL (Retired) NORTH CAROLINA DEPARTMENT OF JUSTICE LAW ENFORCEMENT LIAISON SECTION REVISED September 2014 Publication Website:

PAGE – 2 ============
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 .62.North Carolina Requirements 7D. Temporary Transfers of Firearms . 10 E. Soliciting Unlawful Purchase . 11 F. Out-of-State Purchase . 1 1 III. POSSESSING AND CARR YING 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..232. Assemblies and Establishments 263. State Buildings274.Events Occurring In Public Places.275.Areas of Emergency and Riots..286.Going Armed To The Terror Of The People 287.Storage of Firearms ..28F. 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 . 3 3 V. FELONY FIREARMS ACT .. 34 VI. AGE REQUIREMENTS FOR THE P URCHASE 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 fiDO™S AND DON™TSfl OF CARRYING A CONCEALED HANDGUN . 44 (applicable to concealed handgun permittees only)

PAGE – 3 ============
2 I. INTRODUCTION This publication is designed to assemble and pr esent the basic firearms and weapons laws of North Carolina in an effort to educate and emphasize for th e public, the responsibilities and duties pertaining to the possession and use of firearms and rela ted weapons in North Carolina. Most of the guidelines regarding the use, possessi on, 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 pot ential for misuse, all gun owners are urged to carefully evaluate their current methods of using and transpor ting firearms to ensure compliance with North Carolina law. In those circumst ances 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 pur chases 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 th e establishment of a National Instant Criminal Background Check System (NICS) that federally licensed firearms dealers must contact before transferring any firearm (h andgun 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 esta blished in North Carolina complies with the exceptions provided in the Brady Law. Theref ore, North Carolina™s handgun purchase permits will suffice as a suitable alternative method for th e 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 a nd its alternatives are discussed below. A. Federal Requirements Unless an alternative is recognized, if an individual wants to purch ase 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 pertinen t 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

PAGE – 4 ============
3 3. Dishonorable Discharge Files 4. Citizenship Renunciant Files 5. Mental Commitment Files 6. Wanted Persons Files 7. Domestic Violence Pr otection 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 i nvoluntarily 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 mental ly 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 il lness, 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 eval uate any other disquali fying 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 dete rmination 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 Reco rd. 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 res pond to the dealer with either a fiproceed,fl fidenied,fl or fidelayedfl response. If a fideniedfl response is receive d, the dealer will provide the

PAGE – 5 ============
4 person with literature on his/her ap pellate rights. If a fidelayedfl res ponse 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). Fe deral Firearms Licensees (FFLs) must keep a copy of each BATF 4473 for which a NICS check has been initiat ed, 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 da te 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 purch ase 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 purchas ed in a single transaction. It is the opinion of the United States Departme nt of Justice that a valid North Carolina Concealed Handgun Permit may be used as an alte rnative 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 licen sed dealer to a person pu rsuant to the permit alternative, the purchaser must first complete an d sign the BATF Form 4473. As usual, the dealer will verify the identity of the purchaser by phot ographic 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 orig inal 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 offici als for their official use are exempt from the provisions of the Brady Law when the transacti on 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. Theref ore, 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 purch ase a handgun or valid North Carolina-issued

PAGE – 6 ============
5 concealed carry permit. (Please no te: 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 be tween private individua ls 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 th e 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 tran saction, typically at a sporting goods store, but also between private individua ls or companies throughout Nort h 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 Carolin a-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, ru ral mail carrier, express agent or employee, or railroad agent or employee, within the State of North Carolina, any pistol without havi ng in his/her possession, such a pistol purchase permit or No rth Carolina concealed carry permit. A violation of this pistol permit law is a Class 2 misdem eanor under North Carolina law. Specifically exempted from the provisions of this permit requirement is the transfer of antique firearms or historic-edged weapons. An fiantique firearmfl is one that was manufactured on or before 1898 and includes any firearm with a ma tchlock, 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 a mmunition. It also includes any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pi stol, which is designed to use black powder substitute, and which cannot use fixed ammunition. N.C. Gen. Stat. § 14-409(a). However, the term fiantique firearmfl does not include any w eapon which incorporates a firearm frame or receiver; is converted in to 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 fihistoric-edged weaponfl 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 pe rmit prior to the receipt of a handgun does not apply to the purchase and receipt of filong guns,fl such as shotguns and rifles.

PAGE – 8 ============
7 shares a child in common, by a person who is coha bitating with, or has cohabited with the victim as a spouse, parent, or guardian, or by a person si milarly 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/her right to such trial. Further, the person is not cons idered convicted if the conviction has been expunged or set aside, or is an offense for which the person ha s been pardoned or has had his/her civil rights restored (if the law of the applicable jurisdicti on provides for the loss of civil rights under such an offense) unless the pardon, expu ngement, or restoration of civi l rights expressly provides that the person may not ship, transport, po ssess, 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 aut horized under N.C. Gen. Stat. § 14-402 to issue a permit to receive or purchas e a handgun when an application is submitted by a person who is a resident of his/her particular count y. 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 mo ral 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 ve rify by a criminal history bac kground investigation that it is not a violation of State or federa l law for the applicant to purchase, transfer, receive, or possess a handgun. The sheriff shall determine the crimin al history of any applicant by accessing computerized criminal history records as ma intained by the State a nd Federal Bureaus of Investigation, by conducting a national criminal history records ch eck, and by conducting a criminal history check through the Administra tive Office of the C ourts. 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 un der an indictment, or info rmation for, or has been

PAGE – 9 ============
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 tr ade 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 citize n 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 harassi ng, 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 re presents a credible threat to the physical safety of the intimate pa rtner or child, or by its terms explicitly prohibits the use, atte mpted 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 additi onal 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 obt ain additional information on the person to include his/her country of citizenshi p, place of birth and alie n or admission number. If

PAGE – 10 ============
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 hun ting 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 A ttorney General. 18 U.S.C. § 922(y). The requirement for obtaining a permit befo re purchasing or receiving a handgun does not apply to law enforcement officers of North Ca rolina, 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 bei ng a law enforcement officer authorized to carry firearms, and provide any of the following: 1. A letter signed by the officer™s superior o fficer 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 issu ed by a State agency that identifies the officer as State law enforcement; or 4. A current identification card from the o fficer™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 re quire 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 rece ive 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 Dist rict 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. § 14-404. A permit issued under the standards of St ate law is valid for a period of five (5) years. N.C. Gen. Stat. § 14-403. A sheriff is required to keep a list of all permits issued. This list should include the date of issuance, name, age, place of residence, and former place of residence of each person, firm, or corporation to whom a permit has been issued. N.C. Gen. Stat. § 14-405. The sheriff must also keep a li st of all permit denials, which includes the specific reasons for the denial; however, the list cannot contain any information that would identify the applicants.

PAGE – 11 ============
10 Unlike the list of issued permits which is not public record, this list of denied permits is public record. There is no limit to the number or frequency of permit applications and the sheriff will charge $5.00 for each permit requested. The sheriff must revoke a purchase permit upon the occurrence of any event or condition that occurs after the issuance of the permit whic h would render the individual unable to lawfully receive a purchase permit. The sheriff will provide written notice to the permittee that the permit is revoked. This notice will also provide the pe rmittee with information on how to appeal the revocation. Upon receipt of this written notice, the pe rmittee must surrender the permit to the sheriff. Any law enforcement officer serving the notice is authorized to take immediate possession of the permit. If th e notice was served on the permittee by means other than a law enforcement officer, the permittee must surrender his/her permit to the sheriff no later than forty- eight (48) hours after service of the notice. Any permittee who fails to do so is guilty of a Class 2 misdemeanor. The permittee may app eal the revocation by petitioning a district court judge of the district where the permittee lives. The list of issued permits will also include the date that a permit was revoked, the date the permittee received notice of the revocation, whether the permit wa s surrendered, as well as the reason for the revocation. This list is updated upon each revoc ation so that any potential transferor may check on the status of a permit. These records are confidential and are not a public record. They may however be made available upon request to any federal, State, and local law enforcement agencies . Additionally, the sheriff will make the records ava ilable to a court if required to be released by court order. A court in any domestic violence protective order can prohibit a party from possessing, purchasing or receiving a firearm for a time fi xed in the order. Any person purchasing or attempting to purchase any firearm in violation of such an order is guilty of a Class H felony. N.C. Gen. Stat. § 50B-3.1. D. Temporary Transfers of Firearms The transfer of a pawned firearm from a li censed pawnbroker back to the owner of the firearm is subject to the requireme nts of the Brady Law. A NICS inquiry, or an alternative, must therefore be accomplished prior to the redemption of a pawned firearm. North Carolina law does not require the owner to procure a handgun permit when redeeming the firearm. It is the opinion of the BATF that a cons igned handgun, which is not sold by the licensed dealer and is subsequently returned to its true owner, is subject to the Brady Law. A handgun which is delivered to a licensed deal er by an unlicensed person for the purposes of repair is not subject to the requirements of the Brady Law. If the firearm is loaned or rented for use on the licensee™s premises, the transaction is not subject to the Brady Law. However, if the firear m is loaned or rented for use off the premises,

101 KB – 46 Pages