NC Firearms Law

NORTH CAROLINA FIREARMS LAWS
(PDF Version of this Document)

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 advise 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

NORTH CAROLINA DEPARTMENT OF JUSTICE

LAW ENFORCEMENT LIAISON SECTION

REVISED DECEMBER 2007

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

Once into the site, click on “Crime & Law Enforcement,” located in the top center of the page;

then click on “Concealed Handguns,” located on the bottom left of the page.

TABLE OF CONTENTS

I. INTRODUCTION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

II. REQUIREMENTS FOR THE PURCHASE OF FIREARMS . . . . . . . . . . . . . . . . . . . . . . . . 1

A. Federal Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1

B. North Carolina Requirements . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3

C. Eligible Persons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5

D. Temporary Transfers of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9

III. POSSESSING AND CARRYING FIREARMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

A. Carrying Concealed Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10

B. Law Enforcement Officers Safety Act of 2004 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11

C. Concealed Handgun Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12

D. Transporting Weapons . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18

E. Areas Where Weapons Are Prohibited . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

1. Schools . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19

2. Assemblies And Establishments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 21

3. State Buildings . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

4. Events Occurring In Public Places . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22

5. Areas Of Emergencies And Riots . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

6. Going Armed To The Terror Of The People . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

7. Storage of Firearms . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23

F. Persons Acquitted of a Crime by Reason of Insanity . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

IV. RESTRICTED AND PROHIBITED WEAPONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

A. Ballistic or Projectile Knives . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

B. Weapons of Mass Destruction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24

C. Nuclear, Biological, or Chemical Weapons of Mass Destruction . . . . . . . . . . . . . . . . . 26

D. Machine Guns . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28

E. Teflon-Coated Bullets . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29

V. FELONY FIREARMS ACT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

VI. AGE REQUIREMENTS FOR THE PURCHASE AND POSSESSION

OF WEAPONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30

VII. FIREARMS DEALERS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

VIII. COMMONLY ASKED FIREARMS QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 33

IX. ADDITIONAL INFORMATION . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 37

Appendix

Disqualifying Criminal Offenses for Concealed Handgun Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38

Do's and Don'ts of Carrying A Concealed Handgun

(applicable to concealed handgun permittees only) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

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 or her compliance, he/she is urged

to contact his or her local District Attorney, or the Attorney General's office 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 the NICS and it’s 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. 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

Prior to the sale taking place, the firearm’s 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 photo 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 person with literature on their

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 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 a transfer is made of a firearm 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 photo 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

or 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 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

1A “crime punishable by imprisonment for a term exceeding one (1) year,” as discussed in C.

(1) and (2) above, is defined in federal law so as to exclude most misdemeanors in North Carolina.

employee, within the State of North Carolina, any pistol without having in his or 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 are 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, or 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) The term “antique firearm” shall 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 converted 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. The fee for pistol permits is set by statute and is $5.00 per

permit.

The permit requirements set out for the purchase or receipt of handguns in North Carolina also

applies to the purchase, receipt, selling, giving away, or transfer of any crossbow. Therefore, prior

to a person receiving a crossbow, the sheriff must issue a permit in the same manner as if the

individual was receiving a pistol. N.C. Gen. Stat. § 14-402(a) A crossbow is defined as a

mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted

on either a shoulder or hand-held stock. This device is mechanically held at full or partial draw, and

released by a trigger or similar mechanism, which is incorporated into a stock or handle. When

operated, the crossbow discharges a projectile known as a bolt. A bolt is defined as a projectile

made to be discharged from a crossbow and differs from an arrow in that the bolt is heavier and

shorter. N.C. Gen. Stat. § 14-402(c)(2-3)

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

Domestic violence misdemeanors discussed on the next page are disqualifying misdemeanors under

federal law. 18 U.S.C. § 922(d)

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 their 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;

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 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 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 their right 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 their 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.G.S. § 14-402 to issue a permit to

receive or purchase a handgun or crossbow when an application is submitted by a person

who is a resident of his or 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 himself/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; or

c. Collection; 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 may not be issued to the

following:

a. An applicant who is under an indictment, or information for, or has been

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 or crossbow 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 their

citizenship;

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 their country of citizenship; place of birth; and alien or admission number. If 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 himself to the vendor or

donor as being a law enforcement officer authorized to carry firearms, and further state that the

purpose for the weapon is directly related to his or her official duties. Law enforcement officers

need to be aware that if the purchase of the weapon is not directly related to the law enforcement

officer's official duties, they would be required to obtain a permit prior to the receipt of the weapon.

N.C. Gen. Stat. § 14-404(d)

Each applicant for a license or permit should be informed by the sheriff within thirty (30) days

of the date of his or 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 or her refusal to issue a permit within seven

(7) days of his or her decision. 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. N.C. Gen. Stat. §

14-404

A permit issued under the standards of state law is valid for a period of five (5) years. N.C.

Gen. Stat. § 14-403 A sheriff is required to keep a book, which is provided by the Board of

Commissioners of each county, of all licenses or permits issued. These records 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 license or permit has been issued. N.C. Gen. Stat. § 14-405

A court in any domestic violence protective order can prohibit a party from purchasing a

firearm for a time fixed 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 licensed pawnbroker back to the owner of the firearm

is subject to the requirements 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 consigned 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 dealer by an unlicenced 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 firearm is loaned or rented for use off the premises, the licensee

must comply with permanent Brady. 27 CFR 478.97

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III. POSSESSING AND CARRYING FIREARMS

A. Carrying Concealed Weapons

North Carolina law strictly controls the ability of individuals to carry weapons concealed.

Except under the limited concealed handgun permit provisions of state law, described in Sections

III. B and III. C of this publication, it is unlawful for any person in North Carolina, except when on

his or her own premises, to willfully and intentionally carry concealed, either on or about his or her

person, any "Bowie Knife, dirk, dagger, slingshot, loaded cane, metallic knuckles, razor, shurikin,

stungun, or other deadly weapon of like kind.” Specifically exempted from the requirements of this

law are ordinary pocket knives carried in a closed position. An ordinary pocket knife is defined as

being "a small knife, that is designed to be carried in a pocket or purse, which has its cutting edge

and point entirely enclosed by its handle. The knife must not be capable of being opened by a

throwing, explosive, or spring action." N.C. Gen. Stat. § 14-269

Whether, in a given case, a weapon is concealed from the public, is a question of fact to be

resolved by a jury. By using the phrase "concealed about his or her person," this law makes it illegal

to have a weapon concealed not only on a person, but also within a person's convenient control and

easy reach.

Only certain categories of persons in North Carolina are allowed, in particular circumstances,

to carry concealed weapons. Concealed handgun permits will be discussed in detail later in the

publication. The following categories of persons are exempt from the restriction of North Carolina's

concealed weapons laws:

1. Officers and enlisted personnel of the armed forces of the United States when in the

discharge of their official duties as such and when acting under orders requiring

them to carry arms and weapons;

2. Civil and law enforcement officers of the United States;

3. Officers and soldiers of the Militia and the National Guard when called to actual

service;

4. Officers of the State, or of any county, city, or town, charged with the execution of

the laws of the State, when acting in the discharge of their official duties;

5. Sworn law enforcement officers, when off duty, provided that an officer does not

carry a concealed weapon while consuming alcohol or an unlawful controlled

substance or while alcohol or an unlawful controlled substance remains in the

officer’s body.

It is worth noting that while the law expressed in this publication is geared towards firearms,

the limitations and cautions expressed for carrying concealed weapons apply to any other deadly

weapon as well.

B. Law Enforcement Officers Safety Act of 2004

Current, out-of-state sworn law enforcement officers may carry concealed handguns in certain

areas of North Carolina, if the officer meets all the criteria set forth under the federal law known as

the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B). A qualified officer would be

one who is an employee of a governmental agency; is authorized by law to enforce criminal laws

with the statutory powers of arrest; is authorized to carry firearms by their agency; regularly

qualifies with their firearm; is not under the influence of alcohol or drugs; and is not prohibited by

federal law from receiving a firearm. The officer must carry valid photographic identification as an

officer. While carrying in North Carolina, the out-of-state officer may not carry in either public or

private areas where the possession of firearms is prohibited.

Also, pursuant to the Law Enforcement Officers Safety Act of 2004 (18 U.S.C. 926B), certain

qualified retired officers may be eligible to carry concealed handguns in North Carolina. A qualified

retired officer is one who retired in good standing from a public agency as a law enforcement

officer; had statutory powers of arrest; had an aggregate of fifteen (15) years or more service (unless

retired due to a service-connected disability); qualified annually with their handgun; is not under the

influence of alcohol or drugs; and is not prohibited by federal law from receiving a firearm. While

carrying in North Carolina, the qualified retired officer may not carry in either public or private

areas where the possession of firearms is prohibited. A person meeting the definition of a qualified

retired law enforcement officer may carry a concealed handgun in North Carolina, if they are

carrying photographic credentials identifying them as a retired qualified law enforcement officer,

and the person has qualified with their handgun annually, either with the agency from which they

retired, or as certified by the North Carolina Criminal Justice Education and Training Standards

Commission (the Commission). To gain such qualification from the Commission, the qualified

retired officer must make application to the Commission by submitting a verification of firearms

qualification, conducted by a firearms instructor who is certified by the Commission as a Law

Enforcement Firearms Instructor. The qualified retired officer must also submit a copy of their

photographic identification showing their retired status, and other information required by the

Commission. A person making any intentional misrepresentation on this form is guilty of a Class

2 Misdemeanor and may have their firearms qualification revoked. This status does not exempt the

person from any other registration or training requirements necessary in the private protective

services profession. Forms for this process may be obtained from the Criminal Justice Commission.

N.C. Gen. Stat. § 14-415.26

C. Concealed Handgun Permit

As of December 1, 1995, certain residents of North Carolina may be eligible to obtain a permit

which would allow them to carry a concealed handgun under certain conditions. N.C. Gen. Stat. §

14-415.11 No other weapons may be carried concealed pursuant to such permit.

As of August 14, 2003, North Carolina also allows certain out-of-state concealed handgun

permittees to carry concealed handguns, pursuant to such permits in North Carolina if the person’s

respective state also grants such privilege to North Carolina concealed handgun permittees. N.C.

Gen. Stat. § 14-415.24(a) The list of states granting such reciprocity, and therefore, recognized by

North Carolina, is constantly changing. You should refer to the North Carolina Department of

Justice’s website at www.ncdoj.com for a current listing of those states which are allowed to carry,

pursuant to their concealed carry permits in North Carolina. While carrying a handgun pursuant to

such permit, qualified out-of-state permittees are held to the same standards as North Carolina

permittees. Consequently, there are a number of areas where concealed handguns cannot be carried

in North Carolina, regardless of the individual having a permit to carry a concealed weapon. Again,

this list is set forth on the North Carolina Department of Justice’s website. Also included on the

website is a list of “Do’s and Don’ts” for carrying a concealed handgun in North Carolina. In order

to acquire a North Carolina permit, an individual must apply to the sheriff's office in the county in

which he/she resides. As part of the application process, the applicant must accomplish the

following:

1. Complete an application, under oath, on a form provided by the sheriff's office;

2. Pay a non-refundable fee of $80.00; and

3. Allow the sheriff’s office to take two (2) full sets of fingerprints, which may cost up

to $10.00;

4. Provide an original certificate of completion of an approved handgun safety

course; and

5. Provide a release authorizing disclosure to the sheriff of any record concerning

the applicant’s mental health or capacity. N.C. Gen. Stat. § 14-415.13

Any person or entity who is given an original or photocopied release form as described in

N.C.G.S. § 14-415.13(a)(5), shall promptly disclose to the sheriff, any records concerning the mental

health or capacity of the applicant who signed the form and authorized the release of the records.

N.C. Gen. Stat. § 14-415.14(c)

NOTE: Permit fees for a retired, sworn law enforcement officer can be reduced. The retired

North Carolina officer must provide a copy of the officer's letter of retirement from either the North

Carolina Teachers' and State Employees' Retirement System or the North Carolina Local

Governmental Employees' Retirement Systems, and written documentation from the head of the

agency where the person was previously employed, indicating that the person was neither

involuntarily terminated nor under administrative or criminal investigation within six (6) months of

retirement. Once presented, the fees are $45.00 for an initial application, and $40.00 for a renewal

application. N.C. Gen. Stat. § 14-415.19(a1)(1-2)

The sheriff has ninety (90 )days from the time all application materials are received to either

issue or deny a permit. N.C. Gen. Stat. § 14-415.15(a) In order for an applicant to be approved,

he/she must:

1. be a citizen of the United States;

2. have been a resident of the State of North Carolina for not less than 30 days

immediately preceding the filing of the application;

3. be at least 21 years of age;

4. not suffer from any physical or mental infirmity that prevents the safe handling of a

handgun; and

5. have successfully completed an approved firearms training course (unless specifically

exempted from the course by state law).

N.C. Gen. Stat. § 14-415.12(a)(1-5)

The sheriff must deny the permit if certain prohibitions exist. The application must be denied

if the applicant:

1. is ineligible to possess or receive a firearm under federal or state law;

2. is under indictment or against whom a finding of probable cause exists for a felony,

or has ever been adjudicated guilty in any court of a felony;

3. is a fugitive from justice;

4. is an unlawful user of or addicted to marijuana, alcohol, or any depressant,

stimulant or narcotic drug, or any other controlled substance;

5. is currently, or has previously been adjudicated by a court, or administratively

determined by a governmental agency whose decisions are subject to judicial

review, to be lacking mental capacity or mentally ill. Receipt of previous

consultive services or outpatient treatment alone shall not disqualify an applicant;

6. has been discharged from the U.S. armed forces under conditions other than

honorable;

7. has been convicted of an impaired driving offense under N.C.G.S. §§ 20-138.1, 20-

138.2 or 20-138.3 within three (3) years prior to the date of application submission;

8. has had an entry of Prayer for Judgment Continued for a criminal offense which

would disqualify the applicant from obtaining a concealed handgun permit;

9. is free on bond or personal recognizance pending trial, appeal, or sentencing for a

crime which would disqualify him/her from obtaining a concealed handgun permit;

10. has been adjudicated guilty, or received Prayer for Judgment Continued or

suspended sentence for one (1) or more crimes of violence constituting a

misdemeanor, including, but not limited to, a violation of an offense under Article

8 of Chapter 14 of the North Carolina General Statutes; (This encompasses most

assault offenses).

11. or a violation of a misdemeanor under the following provisions of the North

Carolina General Statutes: N.C.G.S. §§ 14-225.2, 14-226.1, 14-258.1, 14-269.2,

14-269.3, 14-269.4, 14-269.6, 14-276.1, 14-277, 14-277.1, 14-277.2, 14-277.3, 14-

281.1, 14-283, 14-288.2, 14-288.4(a)(1), or (2), 14-288.6, 14-288.9, 14-288.12, 14-

288.13, 14-288.14, 14-318.2, or 14-415.21(b), or 14-415.26(d). (see Appendix for

a brief description of these disqualifying offenses.)

N.C. Gen. Stat. § 14-415.12(b)(1-11)

NOTE: The Appendix of this publication also contains a list of Do's and Don'ts for those

lawfully possessing permits to carry concealed handguns.

Once the applicant is issued the permit to carry a concealed weapon, he/she must renew the

permit every five (5) years. N.C. Gen. Stat. § 14-415.11(b) In order to renew the permit, the holder

must file an application for renewal with the sheriff's office in the county in which he/she resides

at least thirty (30) days prior to the expiration of the original permit. Along with this application,

the applicant must also submit to the sheriff, a notarized affidavit stating that he/she remains

qualified, the renewal fee of $75.00, and a newly administered set of fingerprints. Prior to

determining if an individual remains qualified, a sheriff must update the applicant's criminal history.

The sheriff may require the permittee to take another firearms safety and training course prior to

renewal. No fingerprints shall be required for a renewal permit if the applicant’s fingerprints were

submitted to the State Bureau of Investigation (SBI) after June 30, 2001, on the Automated

Fingerprint Information System (AFIS), as prescribed by the SBI. N.C. Gen. Stat. § 14-415.16

A concealed carry holder who is, or will be deployed for military service, is allowed to apply

with the sheriff for an extension of the concealed carry permit, up to an additional ninety (90) days

after the permittee’s scheduled deployment is to end. N.C. Gen. Stat. § 14-415.16A

In emergencies, a sheriff may issue a temporary permit to an individual when the sheriff has

reasonable belief that the individual's safety, or the safety of his or her property, or family is in

immediate danger. In order to obtain this emergency permit, the applicant must first establish with

the sheriff that an emergency situation exists. The individual must also submit an application, two

(2) sets of fingerprints, and the non-refundable fee of $80.00. The temporary permit is valid for a

maximum of ninety (90) days, is non-renewable, and may be revoked by the sheriff at any time

without a hearing. N.C. Gen. Stat. § 14-415.15(b)

The law specifically exempts from the firearms safety and training course, certain qualified law

enforcement officers. These officers include:

1. an individual who retired from service as a law enforcement officer with a local, state,

or company police agency in North Carolina, other than for reasons of mental

disability, who has been retired as a sworn law enforcement officer two (2) years or

less from the date of the permit application, and

has a non-forfeitable right to benefits under the retirement plan to the local, state, or

company police agency as a law enforcement officer, or has twenty (20) or more

aggregate years of law enforcement service, and has retired from a company police

agency that does not have a retirement plan; or

2. a current law enforcement officer employed by a local, state, or company police

agency in North Carolina who:

a. is authorized by the agency to carry a handgun in the course of duty;

b. is not the subject of a disciplinary action by the agency that prevents the carrying

of a handgun; and

c. meets the requirements established by the agency regarding handguns; or

3. A person who is licensed or registered by the North Carolina Private Protective

Services Board as an armed security guard, who also has a firearm registration permit

issued by the Board.

N.C. Gen. Stat. § 14-415.12A

Any individual who has applied for and has been issued a concealed handgun permit must

follow certain regulations concerning its use. Not only must the individual carry the permit along

with proper identification whenever the handgun is being carried concealed, but he/she must also

inform any law enforcement officer who approaches him/her that he/she is in possession of a permit

and a concealed handgun. N.C. Gen. Stat. § 14-415.11(a) Failure to do so is a first offense infraction

and subjects the permittee to payment of a fine of up to $100.00. However, in lieu of paying a fine

for the first offense, the individual may choose to surrender his or her permit. Any subsequent

offense shall be punishable as a Class 2 Misdemeanor. Any individual who violates any other

standards for the carrying of a concealed handgun with a permit is guilty of a Class 2 Misdemeanor.

Any person who has not been issued a valid permit but carries a concealed handgun, is guilty of

committing a Class 2 Misdemeanor for the first offense, and any subsequent offenses are Class I

Felonies. N.C. Gen. Stat. § 14-415.21(a-b)

Although a person may have a permit to carry a concealed weapon, permittees are not

authorized to carry the permitted weapon anywhere they desire. The weapon may not be carried in

the following areas:

1. any area prohibited by N.C.G.S. §§ 14-269.3, 14-269.4, 14-277.2, or 120-32.1.

(school grounds, areas where alcohol is sold and consumed, state property, legislative

buildings, and public gatherings, such as parades);

2. any area prohibited by 18 USC § 922 or any other federal law;

3. any law enforcement agency or correctional facility;

4. a building housing only state or federal offices;

5. an office of the state or federal government that is not located in a building

exclusively occupied by the state or federal government;

6. a financial institution; or

7. any premises, except state owned rest areas or stops along the highways, where notice

that carrying a concealed handgun is prohibited by the posting of a conspicuous

notice, or statement by the person in legal possession or control of the premises.

N.C. Gen. Stat. § 14-415.11(c)

Those individuals exempted from the prohibitions of carrying concealed weapons as set forth

in Paragraph III. A. of this publication, are not prohibited from carrying a concealed weapon or

handgun on property wherein a notice is posted prohibiting the carrying of a concealed handgun,

unless otherwise prohibited by statute.

North Carolina General Statute § 14-415.23 provides that no political subdivisions, boards, or

agencies of the state nor any county, city, municipality, municipal corporation, town, township,

village, nor any department or agency thereof, may enact ordinances, rules, or regulations

concerning legally carrying a concealed handgun. A unit of local government may, however, adopt

an ordinance to permit the posting of a prohibition against carrying a concealed handgun in local

government buildings, their appurtenant premises, and parks.

Effective June 21, 1996, a new Article 53B was enacted which provides that with certain

exceptions, the field of firearms regulation is preempted from regulation by local governments. A

county or municipality may regulate or prohibit the sale of firearms at a location only if there is a

lawful, general, similar regulation or prohibition of other commercial activities at that location. A

county or municipality may also regulate the transport, carrying, or possession of firearms by

employees of the local unit of government in the course of their employment with that local unit of

government. Municipalities or counties retain their authority to prohibit the possession of firearms

in publicly-owned buildings or grounds, except that nothing would prohibit a person from storing

a firearm within a motor vehicle while the vehicle is on these grounds or areas. N.C. Gen. Stat. § 14-

409.40

Any individual who has been issued a valid permit must notify the issuing sheriff of any

permanent change of address within thirty (30) days. If the permit is lost or destroyed, he/she must

notify the issuing sheriff of such loss. The permittee is then eligible to obtain a duplicate permit by

submitting to the sheriff, a notarized statement that the permit was lost or destroyed and by paying

the required duplicate permit fee. N.C. Gen. Stat. § 14-415.11(d)

It is unlawful for the permittee to carry a concealed handgun while consuming alcohol, or at any

time while the permittee has remaining in his or her body, any alcohol, or a controlled substance

previously consumed. However, a permittee does not violate this law if a controlled substance in

his or her blood was lawfully obtained and taken in therapeutically appropriate amounts. N.C. Gen.

Stat. § 14-415.11(c)

The sheriff of the county where the permit was issued or the sheriff of the county where the

individual resides may revoke a permit, subsequent to a hearing, for any of the following reasons:

1. Fraud, intentional or material misrepresentation in obtaining a permit;

2. Misuse of a permit, including lending or giving a permit to another person,

duplicating a permit, or using a permit with the intent to unlawfully cause harm to a

person or property;

3. The doing of an act or existence of a condition which would have been grounds for

the denial of the permit by the sheriff;

4. Violation of any terms governing the carrying of concealed handguns; or

5. The applicant is adjudicated guilty, or receives a Prayer for Judgment Continued for

a crime which would have disqualified the applicant from initially receiving a permit.

N.C. Gen. Stat. § 14-415.18

A permittee may appeal the revocation, or non-renewal of a permit by petitioning a district

court judge in the applicant’s residential district. The court’s determination will be based upon

facts, law, and reasonableness of the sheriff's refusal.

D. Transporting Weapons

Given this general prohibition of carrying concealed weapons, individuals must be ever vigilant

to ensure their particular situation cannot be construed as concealing a weapon, either on or about

them, without being properly authorized to do so with a valid North Carolina, or recognized out-ofstate

concealed handgun permit. Therefore, the permittee's accessibility to the weapon is of prime

importance. It is for these reasons, that when transporting a weapon in a vehicle, even greater care

must be exercised to ensure that the weapon is not concealed, and within the ready access to an

occupant of the vehicle. North Carolina law does not specifically address how to transport a weapon

in an automobile. Therefore, the central question becomes: when is the weapon concealed and

readily accessible to an occupant of an automobile? Obviously, a weapon would be concealed and

readily accessible, and therefore in violation of North Carolina law, if it were placed in such areas

of a vehicle as under the seat of the automobile; in a bag in the back seat; or in some other manner

is covered or hidden within the easy reach of an occupant of the vehicle. It is our recommendation

that firearms should not be carried in a glove compartment regardless of whether the compartment

is locked or not.

While a weapon carried openly in an automobile would not be concealed, there are other

problems specific to this method of carrying a weapon. The principal drawback, of course, is in the

event of an individual being stopped by a law enforcement official, the officer may not readily know

that individual's purpose and intent for carrying a weapon. As such, it is imperative that an

individual immediately notify an officer of the presence of any weapon in the automobile, for the

officer's and the vehicle's occupants' safety. Another obvious drawback is that a valuable weapon

may be in plain view for potential thieves to see. The prohibition to carrying concealed weapons

applies not only to handguns and other weapons commonly thought of as being easily hidden, but

also to "long guns" as well. Therefore, shotguns and rifles concealed behind the seat of pickup

trucks, and elsewhere in other vehicles, could similarly violate North Carolina law.

As to those vehicles with no easily discernible trunk area (i.e., vans, etc.), the question arises

on a factual determination of when the weapon is within ready and easy access to an occupant of the

vehicle. If the weapon is concealed near, in close proximity to, or within the convenient control and

access of an occupant, which would allow him/her to use the weapon quickly, then a fair probability

exists that the occupant is in violation of the law. Therefore, care must be exercised by any occupant

of any vehicle to ensure that weapons are securely locked away in as remote an area as possible, in

relation to the passenger compartment of the vehicle. It is important to emphasize that these

prohibitions apply to passengers, as well as drivers of any vehicle.

E. Areas Where Weapons Are Prohibited

1. Schools

North Carolina General Statute § 14-269.2 provides that it is a Class I Felony

for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other

firearm of any kind, on educational property or to a curricular or extra-curricular activity

sponsored by a school. It is also a Class I Felony, for any person to cause, encourage, or aid a

person who is less than 18 years old to possess or carry, whether openly or concealed, any gun,

rifle, pistol, or other firearm of any kind, on educational property. This particular violation does

not apply to BB guns, stun guns, air rifles, or air pistols.

It is a Class G Felony for any person to possess or carry, whether openly or concealed, any

dynamite cartridge, bomb, grenade, mine, or powerful explosive, on educational property, or

to a curricular or extra-curricular activity sponsored by a school. This particular prohibition

does not apply to fireworks. It is also a violation, punishable as a Class G Felony, for any

person to cause, encourage, or aid a person who is less than 18 years old to possess or carry,

whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful

explosive, on educational property. Again, this particular violation does not apply to fireworks.

It is a Class 1 Misdemeanor for any person to possess or carry, whether openly or

concealed, any BB gun, stun gun, air rifle, air pistol, Bowie Knife, dirk, dagger, slingshot,

loaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except

solely for personal shaving), fireworks, or any sharp pointed or edged instrument (except

instructional supplies, un-altered nail files and clips, and tools used solely for the preparation

of food, instruction, and maintenance on educational property). It is also a Class 1

Misdemeanor for any person to cause, encourage, or aid a person who is less than 18 years old

to possess or carry, whether openly or concealed, any of these items on educational property.

These prohibitions will apply in/on any school building or bus, school campus, grounds,

recreational area, athletic field, or other property owned, used, or operated by any board of

education or school board of trustees, or directors for the administration of any school.

It is a misdemeanor, rather than a Class I Felony, for any person to possess or carry,

whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational

property or to a curricular or extracurricular activity sponsored by a school if:

a. The person is not a student attending school on the educational property, or an

employee employed by the school working on the educational property; and

b. The person is not a student attending a curricular or extra-curricular activity

sponsored by the school at which the student is enrolled, or an employee

attending a curricular or extracurricular activity sponsored by the school at

which the employee is working; and

c. The firearm is not loaded, is in a motor vehicle, and is in a locked container or

a locked firearm rack.

The aforementioned prohibitions will not apply to:

a. A weapon used solely for educational or school sanctioned ceremonial

purposes, or used in a school approved program conducted under the

supervision of an adult, whose supervision has been approved by the school

authority;

b. Fire fighters, emergency service personnel, North Carolina Forest Service

personnel, and any private police employed by an educational institution, when

acting in the discharge of their official duties;

c. Those persons exempted by N.C.G.S. § 14-269(b), as set forth in Paragraph III.

A. of this publication;

d. Home schools;

e. A person registered under Chapter 74C of the North Carolina General Statutes

as an armed armored car service guard; or an armed, courier service guard,

when acting in the discharge of the guard’s duties and with the permission of

the college or university; or

f. A person registered under Chapter 74C of the North Carolina General Statutes

as an armed security guard while on the premises of a hospital or health care

facility, located on educational property, when acting in the discharge of the

guard’s duties with the permission of the college or university.

No person is guilty of a criminal violation of this section so long as both of the following

apply:

a. The person comes into possession of a weapon by taking or receiving the

weapon from another person, or by finding the weapon.; and

b. The person delivers the weapon, directly or indirectly, as soon as practical to

law enforcement authorities.

A concealed handgun permit does not allow a permittee to carry a weapon on any

school grounds. N.C. Gen. Stat. § 14-415.11(c)

2. Assemblies and Establishments

North Carolina law also prohibits any person carrying a gun, rifle, or pistol into any

assembly where a fee has been charged for admission or into any establishment where alcoholic

beverages are both sold and consumed. Again, the individuals exempted from carrying

concealed weapons cited in paragraph III. A. of this publication are similarly exempted under

this law. A concealed handgun permit does not allow a permittee to carry a weapon in

these areas. The following are also included in this exemption:

a. The owner or lessee of the premises or business;

b. A person participating in the event, if he/she is carrying a gun, rifle, or pistol

with the permission of the owner, lessee, person, or organization sponsoring the

event; and

c. A person registered or hired as a security guard by the owner, lessee, person,

or organization sponsoring the event.

N.C. Gen. Stat. § 14-269.3

3. State Buildings

It is also unlawful under state law, for any person to possess or carry a weapon not used

for instructional or officially sanctioned ceremonial purposes, in the State Capitol Building,

Executive Mansion, Western Residence of the Governor, or on the grounds of these buildings,

including any building used to house any court of the General Court of Justice. Persons

exempted by the provisions of N.C.G.S. § 14-269(b) are not bound by this prohibition. These

persons are set forth in Paragraph III. A. of this publication. Also exempt are persons in

possession of weapons for evidentiary purposes, or who are delivering the weapon to a law

enforcement agency. Additionally, this prohibition does not apply to firearms carried in

courthouses by detention officers employed by, and authorized by the sheriff to carry firearms.

This prohibition does not apply to state- owned rest areas, rest stops along the highways, and

state -owned hunting and fishing reservations. Possessing or carrying a weapon in these areas

is a misdemeanor. N.C. Gen. Stat. § 14-269.4 A concealed handgun permit does not allow

a permittee to carry a weapon in these areas. N.C. Gen. Stat. § 14-415.11(c)

4. Events Occurring In Public Places

North Carolina law further makes it 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 of North Carolina, or any of its

political subdivisions, to willfully or intentionally possess, or have immediate access to any

dangerous weapon. N.C. Gen. Stat. § 14-277.2 Persons exempted from the provisions of

N.C.G.S. § 14-269(b) are not bound by this prohibition. These persons are set forth in

Paragraph III. A. of this publication. A concealed handgun permit does not allow a

permittee to carry a weapon in these areas. N.C. Gen. Stat. § 14-415.11(c)

5. Areas of Emergency and Riot

It is also a misdemeanor under North Carolina law for a person to transport or possess, off

his or her own premises, a dangerous weapon in an area during a declared state of emergency,

or in the vicinity of a riot. N.C. Gen. Stat. § 14-288.7 A concealed handgun permit does not

allow a permittee to carry a weapon in these areas. N.C. Gen. Stat. § 14-415.11(c)

6. Going Armed To The Terror Of The People

By common law in North Carolina, it is unlawful for a person to arm himself/herself with

any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public

highways in a manner to cause terror to others. The N.C. Supreme Court states that any gun

is an unusual and dangerous weapon for purposes of this offense. Therefore, persons are

cautioned as to the areas they frequent with firearms.

7. Storage of Firearms

Any individual who resides with a minor, who owns or possesses a firearm, and stores or

leaves that firearm in a condition that the firearm can be discharged, and in a manner that the

individual knew, or should have known, that an unsupervised minor would be able to gain

access to the firearm, is guilty of a misdemeanor if such minor gains access to the firearm

without the lawful permission of the minor's parents or a person having charge of the minor,

and the minor in turn possesses that weapon unlawfully on any campus or educational property

in North Carolina; exhibits the weapon in a public place in a careless, angry, or threatening

manner; causes personal injury or death with the weapon not in self defense; or uses the weapon

in the commission of a crime. A minor is defined in this law as anyone under the age of 18 who

is not emancipated.

This law goes on to provide that it shall not prohibit an individual from carrying a firearm

on his or her body, or placed in such close proximity that it can be used as easily and quickly

as if carried on the body. This provision of the law should not be interpreted however, to

modify the previously recited law on carrying concealed weapons in North Carolina.

Additionally, this law does not apply if the minor obtained the weapon as a result of an

unlawful entry by an individual.

A written copy of this firearms storage law, found in N.C.G.S. § 14-315.1, is required to

be delivered by the transferor in any retail commercial sale or transfer of a firearm to the

purchaser, or transferee of such weapon. All such transferors should take appropriate steps to

have a verbatim copy of this law available at the time of any transfer of a weapon. N.C. Gen.

Stat. § 14-315.2

F. Persons Acquitted of a Crime by Reason of Insanity

It is a Class H Felony for an individual to purchase, own, possess or have control of a firearm

or any weapon of mass death and destruction, when that person has, by reason of insanity, been

acquitted of, or who has been determined under N.C.G.S. §15A-1002 to lack the capacity to proceed

in those crimes enumerated in the N.C. Felony Firearms Acts (see section V. of this publication) and

other assaults under North Carolina law. N.C. Gen. Stat. § 14-415.3

IV. RESTRICTED AND PROHIBITED WEAPONS

A. Ballistic or Projectile Knives

Pursuant to North Carolina General Statute § 14-269.6, it is unlawful for any person, including

North Carolina law enforcement officers, or of any county, city, or town, to possess, offer for sale,

hold for sale, sell, give, loan, deliver, transport, manufacture, or go armed with any spring-loaded

projectile knife, a ballistic knife, or any weapon of similar character. The sole exception to this law

is that a law enforcement agency may possess such a weapon solely for evidentiary, educational, or

training purposes. Basically, a projectile or ballistic knife is one which propels or shoots its blade

from the handle.

Federal law, found in 15 U.S.C. § 1243, prohibits the manufacture, sale, or possession of a

switchblade knife. An exception to this federal crime is allowed for a switchblade knife with a blade

three (3) inches or less in length, possessed by a person with one (1) arm.

B. Weapons of Mass Destruction

North Carolina General Statute § 14-288.8 provides that it is unlawful for any person to

manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase,

deliver, give to another, or acquire any weapon of mass death and destruction. A weapon of mass

death and destruction includes:

1. bombs of all sorts;

2. grenades;

3. rockets having a propellant charge of more than four (4) ounces;

4. a missile having an explosive or incendiary charge of more than one-quarter (1/4)

ounce;

5. mines;

6. any type of weapon (other than a shotgun or a shotgun shell of a type particularly

suitable for sporting purposes) which will expel a projectile using an explosive, or

other propellant, and which has a barrel with a bore of more than one-half (1/2) inch

in diameter;

7. any firearm capable of fully automatic fire;

8. any shotgun with a barrel length less than eighteen (18) inches or an overall length

of less than twenty-six (26) inches;

9. a rifle with a barrel length of less than sixteen (16) inches or an overall length of less

than twenty-six (26) inches;

10. any muffler or silencer for any firearm, whether or not such firearm is included

within this definition; and

11. any combination of parts either designed or intended for use in converting a device

into any weapon described above, and from which a weapon of mass death and

destruction may readily be assembled.

Thus, a device which could convert a semi-automatic firearm into one capable of full automatic

fire, would be in violation of this statute, whether or not one actually possesses such a weapon. The

possession of the device itself is a crime. If any person possesses a weapon of mass death and

destruction in violation of this statute, he/she would be guilty of a Class F Felony.

The only persons allowed to own or possess a weapon of mass death and destruction, as defined

above, are the following:

1. persons exempted from the provisions of carrying a concealed weapon in North

Carolina, with respect to any activity lawfully engaged in while carrying out their

duties;

2. importers, manufacturers, dealers, and collectors of firearms, ammunition, or

destructive devices validly licensed under the laws of the United States or the State

of North Carolina, while lawfully engaged in activities authorized under their

licenses;

3. persons under contract with the United States, the State of North Carolina, or any

agency of either government, with respect to any activities lawfully engaged in under

their contracts; or

4. inventors, designers, ordinance consultants and researchers, chemists, physicists, and

other persons lawfully engaged in pursuits designed to enlarge the knowledge of, or

to facilitate the creation, development, or manufacture of weapons of mass death and

destruction intended for use in a manner consistent with the laws of the United States

and the State of North Carolina.

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

Pursuant to North Carolina General Statute § 14-288.21, it is unlawful for any person to

knowingly manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to

purchase, deliver or give to another, or acquire a nuclear, biological, or chemical weapon of mass

destruction. This prohibition does not apply to the following:

1. persons listed in N.C.G.S. § 14-269(b) with respect to any activities lawfully engaged

in while carrying out their duties;

2. persons under contract with, or working under the direction of, the United States, the

State of North Carolina, or any agency of either government, with respect to any

activities lawfully engaged in under their contracts or pursuant to lawful direction;

3. persons lawfully engaged in the development, production, manufacture, assembly,

possession, transport, sale, purchase, delivery or acquisition of any biological agent,

disease organism, toxic or poisonous chemical, radioactive substance or their

immediate precursors, for preventive, protective, or other peaceful purposes; or

4. persons unlawfully engaged in accepted agricultural, horticultural, or forestry

practices; aquatic weed control; or structural pest and rodent control, in a manner

approved by the federal, state, county, or local agency charged with authority over

such activities;

The terms “nuclear, biological, or chemical weapon of mass destruction” mean any of the

following:

1. any weapon, device, or method that is designed or has the capability to cause death

or serious injury through the release, dissemination, or impact of:

a. radiation or radioactivity;

b. a disease organism; or

c. toxic or poisonous chemicals or their immediate precursors.

2. Any substance that is designed to or has the capability to cause death or serious

injury and:

a. contains radiation or radioactivity;

b. is or contains toxic or poisonous chemicals or their immediate precursors; or

c. is or contains one or more of the following:

(1) Any select agent that is a microorganism, virus, bacterium, fungus,

rickettsia, or toxin listed in Appendix A, Part 72 of Title 42 of the Code

of Federal Regulations;

(2) Any genetically modified microorganisms or genetic elements from an

organism on Appendix A, Part 72 of Title 42 of the Code of Federal

Regulations, shown to produce or encode for a factor associated with a

disease; or

(3) Any genetically modified microorganisms or genetic elements that contain

nucleic acid sequences coding for any of the toxins listed on Appendix A,

Part 72 of Title 42 of the Code of Federal Regulations, or their toxic

submits.

The terms “nuclear, biological, or chemical weapon of mass destruction” also include any

combination of parts or substances either designed or intended for use in converting any device or

substance into any nuclear, biological, or chemical weapon of mass destruction, or from which a

nuclear, biological, or chemical weapon of mass destruction may be readily assembled or created.

Any person who violates any provision of N.C.G.S. § 14-288.21 is guilty of a Class B1 Felony.

Pursuant to N.C.G.S. § 288.22, any person who unlawfully and willfully injures another by the

use of a nuclear, biological, or chemical weapon of mass destruction is guilty of a Class A Felony,

and will be sentenced to life imprisonment without parole. Any person who attempts, solicits

another, or conspires to injure another by the use of a nuclear, biological, or chemical weapon of

mass destruction is guilty of a Class B1 Felony. Any person who, for the purpose of violating any

provision of these laws, deposits for delivery or attempts to have delivered, a nuclear, biological,

or chemical weapon of mass destruction by the United States Postal Service, or other public or

private business engaged in the delivery of mail, packages, or parcels is guilty of a Class B1 Felony.

Pursuant to N.C.G.S. § 288.23, any person who, by any means of communication to any person

or group of persons, makes a report, knowing or having reason to know the report is false, that

causes any person to reasonably believe that there is located at any place or structure whatsoever,

any nuclear, biological, or chemical weapon of mass destruction is guilty of a Class D Felony. The

court may order a person convicted under this section to pay restitution, including costs and

consequential damages resulting from disruption of the normal activity that would have otherwise

occurred but for the false report, pursuant to Article 81C of Chapter 15A of the General Statutes.

The term “report” also includes making accessible to another person by computer.

Pursuant to N.C.G.S. § 288.24, any person who, with intent to perpetrate a hoax, conceals,

places, or displays any device, object, machine, instrument, or artifact, so as to cause any person to

reasonably believe the same to be a nuclear, biological, or chemical weapon of mass destruction is

guilty of a Class D Felony. The court may order a person convicted under this section to pay

restitution, including costs and consequential damages resulting from disruption of the normal

activity that would have otherwise occurred but for the hoax, pursuant to Article 81C of Chapter

15A of the North Carolina General Statutes.

D. Machine Guns

Pursuant to North Carolina General Statute § 14-409, it is unlawful for any person, firm, or

corporation to manufacture, sell, give away, dispose of, use or possess machine guns, sub-machine

guns, or other like weapons. A machine gun or sub-machine gun is one which shoots, or can be

readily restored to shoot more than one round, without manual reloading, by a single function of the

trigger. It also includes any frame or receiver of such a weapon, or parts used in converting a

weapon into a machine gun or sub-machine gun. This prohibition does not apply to the following:

1. banks, merchants, and recognized business establishments for use in their respective

places of business. However, these persons must first apply to and receive from the

sheriff of the county in which their business is located, a permit to possess the

weapon for the purpose of defending their business;

2. officers and soldiers of the United States Armed Forces, when in the discharge of

their official duties;

3. officers and soldiers of the Militia, when being called into actual service;

4. officers of the state, or county, city or town, charged with the execution of laws of

the state, when acting in the discharge of their official duties; and

5. the manufacture, use, or possession of such weapons for scientific or experimental

purposes when such manufacture, use, or possession is lawful under federal laws and

the weapon is registered with a federal agency, and a permit to manufacture, use, or

possess the weapon has been obtained by the sheriff of the county in which the

weapon is located.

Any bona fide resident of the state who now owns a machine gun used in former wars may

retain and keep that weapon at his or her own property, as a relic or souvenir, without violating the

provisions of this section, as long as he/she reports this weapon to the sheriff of the county in which

he/she lives.

Therefore, certain conditions must be met by the possessor of a machine gun before it may be

lawfully kept in North Carolina. First, the possessor must fall within one of the specifically listed

exceptions to the general prohibition of ownership. Second, one must also apply for a permit to

possess the weapon from the sheriff. It is then the responsibility of the sheriff to satisfy

himself/herself as to the lawfulness of the reason for such possession, and of the good moral

character of the possessor. Among other considerations, the sheriff should consider the inherent

danger to the public as a result of the possession of a machine gun.

It has been consistently held within our office that the valid licensing of an individual to possess

a machine gun under federal law does not automatically legitimize his or her possession of the

weapon in the various counties of North Carolina. Nor does such federal licensing require the

sheriff to issue a permit for the possession of such a weapon without first satisfying the prerequisites

of N.C.G.S. § 14-409. Therefore, the permit provisions of N.C.G.S. § 14-409 would need to be

complied with, even though a person is currently licensed under federal law to possess a machine

gun.

E. Teflon-Coated Bullets

Pursuant to North Carolina General Statute § 14-34.3, it is unlawful for any person to import,

manufacture, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give

to another, or acquire any Teflon-coated bullet. This prohibition does not apply to the following:

1. officers and soldiers of the United States Armed Forces, when in the discharge of

their official duties;

2. officers and soldiers of the Militia, when being called into actual service;

3. officers of the state, or county, city or town, charged with the execution of laws of

the state, when acting in the discharge of their official duties;

4. importers, manufacturers, and dealers validly licensed under the laws of the United

States or the State of North Carolina who possess, for the purpose of sale to

authorized law enforcement agencies only; and

5. inventors, designers, ordinance consultants and researchers, chemists, physicists, and

other persons employed by or under contract with a manufacturing company engaged

in making or doing research designed to enlarge knowledge of, or to facilitate the

creation, development, or manufacture of more effective police-type body armor.

V. FELONY FIREARMS ACT

Another aspect of North Carolina law necessary for a good working knowledge of firearms

laws, is our Felony Firearms Act, found in N.C.G.S. § 14-415.1. This restriction on gun ownership

applies to any person who has been convicted of any North Carolina felony or violation of criminal

laws in other states, or the United States, which are punishable by imprisonment for a term

exceeding one (1) year. Effective December 1, 2004, these individuals cannot purchase, own,

possess, or have in their custody, care, or control, any firearm at any location, or any weapon of

mass death and destruction. This prohibition continues indefinitely. This prohibition does not

apply, however, to “antique firearms” as set forth in Section II. B. of this publication.

The Federal Firearms Statute, at 18 U.S.C. § 922, is independent of North Carolina’s and should

be consulted before anyone convicted of a felony, in any state or federal court, possesses, receives

or transports any firearm. For detailed information on this federal law, persons are urged to contact

the Bureau of Alcohol, Tobacco, and Firearms, or their local U.S. Attorney’s Office.

VI. AGE REQUIREMENTS FOR THE PURCHASE AND POSSESSION OF WEAPONS

North Carolina law does not currently address specific age requirements for the purchase of

weapons. Rather, it looks to the federal standards for such restrictions. Under federal law, 18

U.S.C. § 922(b)(1), federally licensed gun dealers are prohibited from selling handguns to persons

under the age of 21. Further, all other purchasers of shotguns and rifles are required to be at least

18 years of age.

North Carolina General Statute § 14-269.7 provides that it is a misdemeanor for any person

under the age of 18 to possess or carry a handgun. A handgun is defined as a firearm that has a short

stock and is designed to be fired by the use of a single hand, or any combination of parts from which

such a firearm can be assembled. This prohibition does not apply to the following:

A. officers and enlisted personnel of the Armed Forces of the United States when in

discharge of their official duties, or acting under orders requiring them to carry

handguns;

B. a minor who possesses a handgun for educational or recreational purposes while the

minor is supervised by an adult who is present;

C. an emancipated minor who possesses such a handgun inside his or her residence; and

D. a minor who possesses a handgun while hunting or trapping outside the limits of an

incorporated municipality if he/she has on his or her person, written permission from

a parent, guardian, or other person standing in loco parentis.

North Carolina General Statute G.S. § 14-315 prohibits any person from selling, offering for

sale, giving away, or in any way transferring to a person under the age of 18, any pistol cartridge,

brass knucks, Bowie Knife, dirk, shurikin, loaded cane, or slingshot. Any person who violates this

law is guilty of a Class 1 Misdemeanor and, in addition, shall forfeit the proceeds of any sale made

in violation of this prohibition.

This statute further provides that it is a Class H Felony for a person to sell, offer for sale, give,

or in any way transfer to a person less than 18 years of age, any handgun as defined in N.C.G.S. §

14-269.7. Additionally, an individual guilty of this offense shall forfeit the proceeds of any sale

made in violation of this section. This law does not apply under the following circumstances:

A. when the handgun is lent to a minor for temporary use if the minor's possession of the

handgun is lawful under N.C.G.S. § 14-269.7 and G.S. § 14-316 and is not otherwise

unlawful;

B. when the handgun is transferred to an adult custodian, pursuant to Chapter 33A of the

North Carolina General Statutes, and the minor does not take possession of the

handgun except that the adult custodian may allow the minor temporary possession

of the handgun in circumstances in which the minor's possession of the handgun is

lawful under N.C.G.S. § 14-269.7 and N.C.G.S. § 14-316 and is not otherwise

unlawful;

C. when the handgun is a devise or legacy and is distributed to a parent or guardian

under N.C.G.S. § 28A-22-7, and the minor does not take possession of the handgun

except that the parent or guardian may allow the minor temporary possession of the

handgun in circumstances in which the minor's possession of the handgun is lawful

under N.C.G.S. § 14-269.7 and N.C.G.S. § 14-316 and is not otherwise unlawful.

It is a defense to a violation of this law if all of the following conditions are met:

A. the person shows that the minor produced an apparently valid permit to receive the

weapon, if such permit would be required under N.C.G.S. § 14-402 or N.C.G.S. § 14-

409.1 for transfer of the weapon to an adult;

B. the person reasonably believed that the minor was not a minor;

C. the person either:

1. shows that the minor produced a driver’s license, a special identification card

issued under N.C.G.S. § 20-37.7, a military identification card, or a passport,

showing the minor's age to be at least the required age for purchase, and

bearing a physical description of the person named on the card reasonably

describing the minor; or

2. produces evidence of other facts that reasonably indicate at the time of sale,

that the minor was at least the required age.

Under N.C.G.S. § 14-316, a guardian or parent of a child under the age of 12 may not allow

such child to have possession, custody, or the use of any gun, pistol, or dangerous firearm, except

under the parent’s or guardian's direct supervision. Air rifles, air pistols, and BB guns shall not be

deemed "dangerous firearms" within the meaning of this statute except in: Anson, Caldwell,

Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood,

Mecklenburg, Stanly, Stokes, Surry, Union and Vance Counties.

VII. FIREARMS DEALERS

Every dealer in pistols and other weapons must keep an accurate record of all sales. This record

should include the name, place of residence, and date of sale, of each person, firm, or corporation

to whom such sale is made. The record is required to be open to the inspection of any duly

constituted state, county, or city police officer within the State of North Carolina.

Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver

a written copy of North Carolina General Statute § 14-315.1 to the purchaser or transferee.

Additionally, any retail or wholesale store, shop, or sales outlet that sells firearms shall

conspicuously post, at each purchase counter, the following warning in block letters, not less than

one (1) inch in height: “IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE

DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS

ACCESSIBLE TO A MINOR.” A violation of these provisions is a misdemeanor under North

Carolina law.

VIII. COMMONLY ASKED FIREARMS QUESTIONS

A. MAY I CARRY A CONCEALED WEAPON IN NORTH CAROLINA?

ANSWER: No. As a general rule, North Carolina law forbids a private

citizens from carrying a concealed weapon, either on or about

their person, while off their premises, unless they have a

concealed handgun permit. This prohibition pertains not only

to firearms, but also to any other deadly weapon. You are

referred to Section III. A., B. and C. of this publication for a

more detailed analysis of this complex area, to include

transporting a firearm in a vehicle.

B. MAY I GET A PERMIT TO CARRY A CONCEALED WEAPON IN NORTH CAROLINA?

ANSWER: Yes. Certain qualified North Carolina residents can get a

permit to carry concealed handguns under specific

circumstances. Currently, North Carolina allows out-of-state

concealed handgun permittees to carry concealed handguns

pursuant to such permits in North Carolina, if the person’s

respective state also grants such privilege to North Carolina

concealed handgun permittees. The list of states granting such

reciprocity, and therefore recognized by North Carolina, is

constantly changing. Please refer to the North Carolina

Department of Justice’s website at www.ncdoj.com for a

current listing of reciprocal states. Please be aware that while

carrying a handgun pursuant to such permit, qualified out-ofstate

permittees are held to the same standards as North

Carolina permittees. Consequently, there are a number of

areas where concealed handguns cannot be carried in North

Carolina, regardless of the individual having a permit to carry

a concealed weapon. A more detailed discussion of what areas

prohibit the possession of a firearm is contained in Section III.

C. of this publication.

C. HOW DO I GET A HANDGUN PURCHASE PERMIT?

ANSWER: Pistol permits may be obtained from the sheriff where the

purchaser or receiver resides. An application must be

submitted to the sheriff by the individual who desires to obtain

a pistol permit, and must satisfy the requirements of North

Carolina law. These requirements are set out in Section II. of

this publication.

D. HOW OLD MUST I BE TO PURCHASE A HANDGUN, SHOTGUN, OR RIFLE?

ANSWER: To purchase a handgun an individual must be 21 years of age

or older. The age at which a person can purchase a shotgun or

rifle is 18.

E. IS IT LAWFUL TO CARRY A WEAPON TO A BAR OR SIMILAR ESTABLISHMENT FOR

PURPOSES OF PROTECTION?

ANSWER: No. North Carolina General Statutes forbid a person to carry

a weapon into an assembly where an admission fee has been

charged, or a place where alcoholic beverages are sold and

consumed. Also, a concealed handgun permit does not allow

for such. A more detailed discussion of what areas prohibit the

possession of a firearm is contained in Section III. E. of this

publication.

F. DO MY GUNS HAVE TO BE REGISTERED WITH THE SHERIFF OR POLICE DEPARTMENT

WHERE I LIVE?

ANSWER: Except as to the requirement to lawfully possess a machine gun

under N.C.G.S. § 14-409, North Carolina generally does not

require other types of firearms to be registered with the sheriff

or Police Department. The only type of "registration"

requirement is that a purchaser or receiver of a pistol must first

obtain a pistol permit, for each pistol, from the sheriff of the

county in which he/she resides. Note: A local act requiring

registration for Durham, N.C. is still valid law in the State.

G. HOW MANY PISTOL PERMITS CAN I GET AT ANY ONE TIME?

ANSWER: State law sets no limit on the number of permits which can be

obtained at any one given time. However, consistent with their

authority to regulate the issuance of pistol permits, most sheriff

departments will limit the number of permits that one applicant

may receive. Typically, it is not uncommon for a sheriff’s

department to limit an applicant to a maximum of five such

permits in one year.

H. IF I BUY A HANDGUN FROM AN INDIVIDUAL WHOM I HAVE KNOWN FOR A NUMBER OF

YEARS AND WHO DOES NOT HAVE A CRIMINAL RECORD, DO I STILL NEED A PERMIT?

ANSWER: Yes. North Carolina General Statute § 14-402 does not make

any exception for the receipt or purchase of a handgun from a

private individual as opposed to a firearms dealer. Therefore,

a pistol purchase or North Carolina concealed carry permit is

necessary before the transfer of any handgun can take place.

I. CAN OUT-OF-STATE POLICE OFFICERS CARRY CONCEALED WEAPONS IN NORTH

CAROLINA WHILE ON DUTY?

ANSWER: Yes, if the officer meets all of the criteria set forth under the

federal law known as the Law Enforcement Officers Safety

Act of 2004 (H.R.218) and is carrying valid identification as an

off-duty officer.

J. HOW LONG IS MY PERMIT TO PURCHASE A HANDGUN VALID?

ANSWER: North Carolina law provides that permits are valid for a period

of five (5) years.

K. FOR PURPOSES OF CARRYING CONCEALED WEAPONS, DOES IT MAKE A DIFFERENCE IF

THE CARRIED WEAPON IS UNLOADED?

ANSWER: No. North Carolina General Statute § 14-269 does not specify

whether the weapon has to be loaded or unloaded. Rather, the

location of the weapon is looked at to determine whether or not

it is concealed.

L. IS A FULLY FUNCTIONAL SMALL PISTOL OR KNIFE WHICH IS DESIGNED TO FIT INTO A

BELT BUCKLE CONSIDERED CONCEALED IN NORTH CAROLINA?

ANSWER: Yes. Gun and knife belt buckles described above falsely give

an impression of being ornamental in nature. As their nature

and purpose is concealed and misleading, coupled with the

weapons’ immediate and ready accessibility to the wearer of

such a belt buckle, they would be considered concealed.

M. HOW LONG MUST I BE A RESIDENT OF A NORTH CAROLINA COUNTY BEFORE I AM

ELIGIBLE TO APPLY FOR A PERMIT TO PURCHASE A PISTOL?

ANSWER: North Carolina law does not specifically address how long an

individual must reside in a county prior to making application

for a pistol permit. However, it is not uncommon for a

sheriff’s department to establish such a policy with a minimum

residency requirement.

O. IS THE SHERIFF OF THE COUNTY WHERE I RESIDE THE ONLY PERSON WHO CAN ISSUE A

PERMIT TO PURCHASE A HANDGUN?

ANSWER: Generally speaking, yes; however, North Carolina General

Statute § 14-404 allows a non-resident of a county to obtain a

permit to purchase a pistol but only for the purpose of

collecting firearms.

P. ARE NORTH CAROLINA LAW ENFORCEMENT OFFICERS REQUIRED TO APPLY FOR

CONCEALED HANDGUN PERMITS TO CARRY CONCEALED HANDGUNS OFF DUTY?

ANSWER: Authorized law enforcement officers may carry concealed

handguns statewide, off duty, provided that an officer does not

carry a concealed weapon while consuming alcohol or an

unlawful controlled substance, or while alcohol or an unlawful

controlled substance remains in the officer’s body.

Departmental policy and state law must be consulted as to

areas an off duty officer would be prohibited from carrying a

weapon.

Q. WHEN I REDEEM MY PAWNED PISTOL, DO I NEED TO OBTAIN A NORTH CAROLINA STATE

PISTOL PERMIT BEFORE RECEIVING MY HANDGUN?

ANSWER: No. North Carolina does not require the owner to have a state

pistol permit prior to redeeming his or her pawned pistol.

Federal law, however, would require a NICS inquiry or

suitable alternative prior to redemption.

IX. ADDITIONAL INFORMATION

For more information as to the firearms laws in North Carolina, or to make suggestions as to

how to improve this publication, please contact the Law Enforcement Liaison Section of the

Department of Justice at (919) 716-6725.

For more information about federal firearms laws, or inquiries about federal requirements for

licensed firearms dealers, you are urged to contact your local or statewide office of the BUREAU OF

ALCOHOL, TOBACCO, FIREARMS AND EXPLOSIVES of the U. S. Department of Justice (BATF).

In North Carolina, the local branch of the BATF may be reached in Charlotte at (704) 716-1800 and

in Raleigh at (919) 856-4366.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.]

APPENDIX

DISQUALIFYING CRIMINAL OFFENSES PURSUANT

TO N.C.G.S. § 14-415.12(b)(8)

An individual who has been adjudicated guilty of, or received a prayer for Judgment Continued,

or suspended sentence for offenses constituting a misdemeanor under the following specific statutes,

or any other crime of violence, is disqualified from obtaining a permit to carry a concealed handgun:

1. Harassment of and unauthorized communication with jurors (N.C.G.S. § 14-225.2).

2. Violation of court orders (N.C.G.S. § 14-226.1).

3. Furnishing poison, controlled substances, deadly weapons, cartridges, ammunition or

alcoholic beverages to inmates of charitable, mental or penal institutions, or local

confinement facilities (N.C.G.S. § 14-258.1).

4. Carrying weapons on campus or other educational property (N.C.G.S. § 14-269.2).

5. Carrying weapons into assemblies and establishments where alcoholic beverages are sold

and/or consumed (N.C.G.S. § 14-269.3).

6. Carry weapons on state property and courthouses (N.C.G.S. § 14-269.4).

7. Possession and/or sale of spring-loaded projectile knives (N.C.G.S. § 14-269.6).

8. Impersonation of a firemen or emergency medical services personnel (N.C.G.S. § 14

276.1).

9. Impersonation of a law enforcement or other public officer (N.C.G.S. § 14-277).

10. Communicating threats (N.C.G.S. § 14-277.1).

11. Carry weapons at parades and other public gatherings (N.C.G.S. § 14-277.2).

12. Stalking (N.C.G.S. § 14-277.3).

13. Throwing or dropping objects at sporting events (N.C.G.S. § 14-281.1).

14. Exploding dynamite cartridges and/or bombs (N.C.G.S. § 14-283).

15. Rioting and inciting to riot (N.C.G.S. § 14-288.2).

16. Fighting or conduct creating the threat of imminent fighting or other violence (N.C.G.S.

§ 14-288.4(a)(1)).

17. Making or using any utterance, gesture, display or abusive language which is intended and

plainly likely to provoke violent retaliation, and thereby create a breach of peace (N.C.G.S.

§ 14-288.4(a)(2)).

18. Looting and trespassing during an emergency (N.C.G.S. § 14-288.6).

19. Assault on emergency personnel (N.C.G.S. § 14-288.9).

20. Violations of city State of Emergency Ordinances (N.C.G.S. § 14-288.12).

21. Violations of county State of Emergency Ordinances (N.C.G.S. § 14-288.13).

22. Violations of State of Emergency Ordinances (N.C.G.S. § 14-288.14).

23. Child abuse (N.C.G.S. § 14-318.2).

24. Violations of the standards for carrying a concealed weapon (N.C.G.S. § 14-415.21(b)).

25. Misrepresentation on certification of qualified retired law enforcement officers (N.C.G.S.

§ 14-415.26).

26. Any crime of violence found in Chapter 14, Article 8 of the North Carolina General

Statutes.

“DO'S AND DON'TS” OF CARRYING A CONCEALED HANDGUN

1. Your permit to carry a concealed handgun must be carried along with valid

identification whenever the handgun is being carried concealed.

2. When approached or addressed by any officer, you must disclose the fact that you have

a valid concealed handgun permit and inform the officer that you are in possession of

a concealed handgun. You should not attempt to draw or display either your weapon

or your permit for the officer unless and until he/she directs you to do so. Your hands

are to be kept in plain view and you are not to make any sudden movements.

3. At the request of any law enforcement officer, you must display both the permit and

valid identification.

4. You may not, with or without a permit, carry a concealed weapon while consuming

alcohol or while alcohol or any substance, controlled or otherwise, is in your blood

unless the substance was obtained legally and taken in therapeutically appropriate

amounts.

5. You must notify the sheriff who issued your permit of any address change within thirty

(30) days of the change of address.

6. If a permit is lost or destroyed, you must notify the sheriff who issued the permit and

you may receive a duplicate permit by submitting a notarized statement to that effect,

along with the required fee. Do not carry a handgun without it.

7. Even with a permit, you may not carry a concealed handgun in the following areas:

a. Any law enforcement or correctional facility;

b. Any space occupied by state or federal employees;

c. A financial institution;

d. Any premises where the carrying of a concealed handgun is prohibited by the

posting of a statement by the controller of the premises;

e. Educational property;

f. Areas of assemblies, parades, funerals, or demonstrations;

g. Places where alcoholic beverages are sold and consumed;

h. State occupied property;

i. Any state or federal courthouse;

j. Any area prohibited by federal law;

k. Any local government building if the local government has adopted an ordinance

and posted signs prohibiting the carrying of concealed weapons.

8. If you are in a vehicle and stopped by a law enforcement officer, you should put both

hands on the steering wheel, announce you are in possession of a concealed handgun

and state where you have it concealed, and that you are in possession of a permit. Do

not remove your hands from the wheel until instructed to do so by the officer.

North Carolina Department of Justice

Criminal Division - Law Enforcement Liaison Section

150 copies of this public document were printed at a cost of $258.00 or $1.72 each.

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