North Carolina State Law Summary

For general information on each policy, click the heading for that policy. Please note that many firearm-related laws have exceptions for military and law enforcement personnel.

Ammunition Regulation

North Carolina prohibits any person from importing, manufacturing, possessing, storing, transporting, selling, offering to sell, purchasing, offering to purchase, delivering, giving or acquiring any teflon-coated bullet. N.C. Gen. Stat. § 14-34.3(a). This prohibition does not apply to:

• Licensed importers, manufacturers, and dealers for the purpose of sale to authorized law-enforcement agencies; or

• 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 or to facilitate the creation, development, or manufacture of more effective police-type body armor.

Assault Weapons

No relevant statutes currently exist.

Background Checks

Federal law generally requires that licensed firearms dealers conduct a background check on all prospective firearms purchasers to ensure that such persons are not prohibited by law from buying or possessing a firearm. This background check requirement and the National Instant Criminal Background Check System (“NICS”) were enacted through the Brady Handgun Violence Prevention Act, pursuant to Public Law 103-159, and codified at 18 U.S.C. § 921 et seq.  NICS is used for purchases of handguns and long guns, and for persons who redeem a pawned firearm. 18 U.S.C. § 922(t).

Under the Brady Act, states have the option of serving as a “state point of contact” and conducting their own background checks using NICS and state informational records and databases, or having the checks performed by the FBI using only NICS.

In North Carolina, firearms dealers must contact the FBI to process the background check required by federal law if the firearm being transferred is a long gun.  If the firearm being transferred is a handgun, the seller (regardless of whether or not he or she is a firearms dealer) must verify that the purchaser holds either a permit to purchase a handgun or a concealed weapons permit. Both of these permits are issued by the local sheriff after a background check. N.C. Gen. Stat. § 14-404, Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006). For further information about the background checks involved in issuing these permits, see the North Carolina Licensing of Gun Purchasers / Owners and North Carolina Carrying Firearms sections.

Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Holders of either a permit to purchase a handgun or a concealed handgun permit in North Carolina are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Carolina Licensing of Gun Purchasers / Owners and North Carolina Carrying Firearms sections.

Private sellers (sellers who are not licensed dealers) are not required to conduct background checks when transferring a long gun in North Carolina, although federal and state laws prohibiting certain persons from purchasing or possessing firearms still apply. See the North Carolina Private/Secondary Sales section.

Ballistic Fingerprinting

No relevant statutes currently exist.

Carrying Firearms

Possession Restrictions

No person, including a concealed handgun permittee, may carry a firearm, openly or concealed:

• On educational property or at a curricular or extracurricular activity sponsored by a school (N.C. Gen. Stat. § 14-269.2(b));

• At an assembly where a fee is charged for admission, except with the permission of the owner, lessee, or person or organization sponsoring the event (section 14-269.3);

• In an establishment where alcohol is sold and consumed, unless the person is the owner or lessee of the premises or business establishment (section 14-269.3); or

• In the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or in any building housing any court of the General Court of Justice (section 14-269.4).

No person, including a concealed handgun permittee, may willfully or intentionally possess a firearm at any parade, funeral procession, picket line, or demonstration upon any private health care facility or public place (except for a firearm carried in a pickup truck at a holiday parade or in a funeral procession). Section 14-277.2.

Concealed weapons permit holders are subject to the location limits listed above, and additional location limits listed in the Location Limits subsection, below.

Transportation of Firearms

North Carolina prohibits any person from transporting a firearm in an area in which a declared state of emergency exists or within the immediate vicinity of a riot. Section 14-288.7.

Concealed Weapons Licensing Requirements

North Carolina is a “shall issue” state, meaning that the local sheriff must issue a concealed handgun permit if the applicant meets certain qualifications. Pursuant to section 14-415.12, a sheriff must issue a permit to an applicant who:

• Is a citizen of the United States and has been a resident of the state 30 days or longer immediately preceding the filing of the application;

• Is 21 years of age or older;

• Does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun; and

• Has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the state laws governing the carrying of a concealed handgun and the use of deadly force.

Section 14-415.12 requires a sheriff to deny a permit to an applicant who:

• Is ineligible to own, possess, or receive a firearm under state or federal law;

• Is under indictment for a felony or against whom a finding of probable cause exists for a felony;

• Has been adjudicated guilty of a felony in any court;

• Is a fugitive from justice;

• Is an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug or other controlled substance;

• Is currently, or has been previously adjudicated to be, lacking mental capacity or mentally ill, unless his or her eligibility has been restored under section 122C-54.1;

• Is or has been discharged from the armed forces under conditions other than honorable;

• Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor;

• Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit;

• Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him or her from obtaining a concealed handgun permit; or

• Has been convicted of an impaired driving offense within three years prior to the date on which the application is submitted.

The fee to obtain a permit is $80. Section 14-415.19.

Additional application and background check requirements, as well as permit suspension or disqualification information, are detailed under sections 14-415.13 through 14-415.18.

Except when on one’s own premises, a person who carries a concealed firearm without a permit commits a misdemeanor. A second offense constitutes a felony. Section 14-269.

          Disclosure or Use of Information

The sheriff must maintain a list of the name of each person issued a permit and pertinent information regarding each permit. This information must be available to state and local law enforcement upon request. Section 14-415.17.

In addition, the North Carolina State Bureau of Investigation's Division of Criminal Information maintains statistics by county on the number of applications for concealed handgun permits, the number of concealed handgun permits that have been issued, the number of concealed handgun permits that have been denied and the number of concealed handgun permits that have been revoked since December 1, 1995. For this information, see the North Carolina Attorney General website.

          Duration & Renewal

A permit is valid for up to five years. Section 14-415.11(b). A criminal background check is performed each time a permit is renewed. Section 14-415.16. The fee for a renewal permit is $75. Section 14-415.19(a).

          Location Limits

Concealed weapons permit holders are subject to the generally applicable possession prohibitions referenced in the Possession Restrictions section, above. A concealed handgun permit does not authorize a person to carry a concealed handgun in those areas, or:

• In a law enforcement or correctional facility;

• In a state or federal building or office of the state or federal government;

• In a financial institution; or

• In any place where the legal possessor has posted conspicuous notice that carrying a concealed handgun is prohibited.

Section 14-415.11.

          Reciprocity

A concealed handgun permit issued by another state is valid in North Carolina if the state recognizes North Carolina permits. Section 14-415.24. The Attorney General maintains a registry of these states, which can be found at the North Carolina Attorney General website.

          Brady Exemption

Concealed handgun permit holders (as well as holders of permits to purchase handguns) in North Carolina are exempt from background checks when purchasing a firearm, according to the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart that outlines those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Carolina Background Checks section.

Child Access Prevention

          School Property

Pursuant to North Carolina General Statutes § 1-538.3, a parent or legal guardian who has care, custody and control of an unemancipated minor (minor is defined as a person under the age of 18; see § 48A-2) may be held civilly liable for negligent supervision of the minor if the minor commits a felony involving injury to persons or property through use of a firearm on educational property. The parent or legal guardian will only be liable if he or she:

• Knew or should have known of the minor’s likelihood to commit the act;

• Had the opportunity and ability to control the minor; and

• Made no reasonable effort to correct, restrain or properly supervise the minor.

          Storage

Pursuant to section 14-315.1, any person who resides with a minor and owns or possesses a firearm stored or left: 1) in a condition in which it can be discharged; and 2) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is criminally liable for a misdemeanor if the minor gains access to the firearm and:

• Possesses the firearm on educational property;

• Exhibits the firearm in a public place in a careless, angry or threatening manner;

• Causes personal injury or death with the firearm that is not caused during self-defense; or

• Uses the firearm in the commission of a crime.

Under section 14-315.2, a retail seller or transferor must deliver a written copy of section 14-315.1 (relating to storage of firearms to protect minors) to the purchaser or transferee with every firearm transfer. A retail or wholesale store or outlet that sells firearms must conspicuously post at each purchase counter the following warning:

"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."

Id.

         Use of Firearm/Furnishing Firearm

A parent, guardian, or person standing in for a parent is prohibited from knowingly permitting his or her child under age 12 to possess or use a firearm (whether loaded or unloaded) while not supervised by the parent, guardian or person standing in for the parent. Section 14-316. No person may knowingly furnish a firearm to a child under the age of 12. Id.

Dealer Regulations

North Carolina does not license firearms dealers. However, firearms dealers are subject to state laws governing gun sales generally. See the North Carolina Private/Secondary Sales section for further information. Pursuant to the Brady Act, federally licensed firearms dealers must conduct background checks on prospective purchasers each time the dealer transfers a firearm. See the North Carolina Background Checks section.

Under section 14-315.2, a retail seller or transferor must deliver a written copy of section 14-315.1 (relating to storage of firearms to protect minors) to the purchaser or transferee with every firearm transfer. A retail or wholesale store or outlet that sells firearms must conspicuously post at each purchase counter the following warning:

"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."

Id.

Every handgun dealer must keep an accurate record of all sales, including the buyer’s name, residence, and the date of sale. Section 14-406.  This record must be open to the inspection of any police officer in the state. Id.

        Number of Federally Licensed Firearms Dealers

There are 1,325 federally licensed firearms dealers and pawnbrokers in North Carolina.  Federal firearms licensee totals for North Carolina as of November 24, 2008 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.

Disarming Prohibited Possessors

No relevant statutes currently exist.

Domestic Violence and Firearms

Firearm Prohibitions for Domestic Violence Misdemeanants

There is no law in North Carolina prohibiting individuals convicted of domestic violence misdemeanors from purchasing or possessing firearms or ammunition. Federal law, however, prohibits the purchase and possession of firearms and ammunition by persons who have been convicted of a “misdemeanor crime of domestic violence.” 18 U.S.C. § 922(g)(9). Federal law defines a “misdemeanor crime of domestic violence” as an offense that is a federal, state or tribal law misdemeanor and has the use or attempted use of physical force or threatened use of a deadly weapon as an element, if the offender:

• Was a current or former spouse, parent, or guardian of the victim;

• Shares a child in common with the victim;

• Was a current or former cohabitant with the victim as a spouse, parent or guardian; or

• Was similarly situated to a spouse, parent or guardian of the victim.

18 U.S.C. § 921(a)(33).

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), North Carolina maintains fully automated flagged domestic violence misdemeanor conviction data on a statewide network.

Firearm Prohibitions for Persons Subject to Domestic Violence Protective Orders, and Surrender of Firearms When Domestic Violence Protective Orders Are Issued

N.C. Gen. Stat. § 14-269.8 states that it is unlawful for any person to own, possess, purchase or receive or attempt to own, possess, purchase or receive a firearm, machine gun, ammunition, or permits to purchase or carry concealed firearms if ordered by the court for so long as the protective order or any successive protective order entered against that person pursuant to Chapter 50B of the General Statutes is in effect.

Section 50B-3.1(a) provides that upon issuance of an emergency or ex parte domestic violence protective order, the court shall order the defendant to surrender to the sheriff all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in his or her care, custody, possession, ownership, or control if the court finds any of the following factors:

• The use or threatened use of a deadly weapon by the defendant or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons;

• Threats to seriously injure or kill the aggrieved party or minor child by the defendant;

• Threats to commit suicide by the defendant; or

• Serious injuries inflicted upon the aggrieved party or minor child by the defendant.

At any ex parte, emergency, and regular hearings in an action for a domestic violence protective order, the court must inquire of the plaintiff the presence of, ownership of, or otherwise access to firearms by the defendant, as well as ammunition, permits to purchase firearms, and permits to carry concealed firearms, and include, whenever possible, identifying information regarding the description, number, and location of firearms, ammunition, and permits in the order. Section 50B-3.1(b), (c).

Upon service of a domestic violence order that requires such surrender, the defendant must immediately surrender to the sheriff possession of all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant. Section 50B-3.1(d). In the event that weapons cannot be surrendered at the time the order is served, the defendant must surrender the firearms, ammunitions, and permits to the sheriff within 24 hours of service at a time and place specified by the sheriff. Id.

If the court orders the defendant to surrender firearms, ammunition, and permits, the court must inform the plaintiff and the defendant of the terms of the protective order and include these terms on the face of the order, including that the defendant is prohibited from possessing or purchasing a firearm for so long as the protective order or any successive protective order is in effect. Section 50B-3.1(d)(1). The sheriff shall not release firearms, ammunition, or permits without a court order granting the release. Id.

If the court does not enter a protective order when the ex parte or emergency order expires, the defendant may retrieve any weapons surrendered to the sheriff unless the court finds that the defendant is precluded from owning or possessing a firearm pursuant to state or federal law or final disposition of any pending criminal charges for crimes committed against the person protected by the protective order. Section 50B-3.1(e). 

The defendant may request the return of any firearms, ammunition, or permits surrendered by filing a motion with the court at the expiration of the protective order or final disposition of any pending criminal charges and not later than 90 days thereafter. Upon receipt of the motion, the court shall schedule a hearing and provide written notice to the plaintiff and to the sheriff who has control of the firearms, ammunition, or permits. Section 50B-3.1(f). The inquiry shall include:

• Whether the protective order has been renewed;

• Whether the defendant is subject to any other protective orders;

• Whether the defendant is disqualified from owning or possessing a firearm pursuant to 18 U.S.C. § 922 or any state law; and

• Whether the defendant has any pending criminal charges, in either state or federal court for crimes committed against the person who is the subject of the protective order.

Id. The court shall deny the return of firearms, ammunition, or permits if the court finds that the defendant is precluded from owning or possessing a firearm pursuant to state or federal law or if the defendant has any pending criminal charges for crimes committed against the person protected by the current protective order until the final disposition of those charges. Id.

A third-party owner of firearms, ammunition, or permits who is otherwise eligible to possess such items may file a motion requesting the return of any such items seized as a result of the domestic violence protective order. Section 50B-3.1(g). 

It is unlawful for any person subject to a protective order prohibiting the possession or purchase of firearms to:

• Purchase or possess a firearm, ammunition, or permits to purchase or carry concealed firearms;

• Fail to surrender all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms to the sheriff as ordered by the court;

• Fail to disclose all information pertaining to the possession of firearms, ammunition, and permits to purchase and permits to carry concealed firearms as requested by the court; or

• Provide false information to the court pertaining to any of these items.

Section 50B-3.1(i), (j). See also Section 14-269.8.

In addition, N.C. Gen. Stat. § 50B-3 provides that a court that has found that an act of domestic violence has occurred shall grant a protective order. Through the order, the court may prohibit a party from purchasing a firearm for a time fixed in the order.

North Carolina law defines “domestic violence” as the commission of one or more of the following acts upon an aggrieved party or upon a minor child residing with or in the custody of the aggrieved party by a person with whom the aggrieved party has or has had a “personal relationship”:

• Attempting to cause bodily injury, or intentionally causing bodily injury;

• Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment that rises to such a level as to inflict substantial emotional distress; or

• Committing one or more of the sexual offenses defined in sections 14-27.2 – 14-27.7.

Section 50B-1(a). “Personal relationship” means a relationship wherein the parties involved:

• Are current or former spouses;

• Are persons of opposite sex who live together or have lived together;

• Are related as parents and children, including others acting in loco parentis to a minor child, or as grandparents and grandchildren. For purposes of this subdivision, an aggrieved party may not obtain an order of protection against a child or grandchild under the age of 16;

• Have a child in common;

• Are current or former household members; or

• Are persons of the opposite sex who are in a dating relationship or have been in a “dating relationship.” A “dating relationship” is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship. A casual acquaintance or ordinary fraternization between persons in a business or social context is not a dating relationship.

Section 50B-1(b).

Finally, pursuant to section 14-404(c)(8), no person may obtain a permit to purchase a handgun if he or she is subject to a court order that:

• Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

• 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

• 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.

The terms of section 14-404(c)(8) mirror the federal law that prohibits possession of a firearm by a person subject to a domestic violence protective order. See 18 U.S.C. § 922(g)(8). Federal law defines an “intimate partner” as a current or former spouse, a parent of a child in common with the abuser, or an individual with whom the abuser does or has cohabited. 18 U.S.C. § 921(a)(32).

Section 50B-3(d) requires the sheriff of a county to provide for prompt entry of all domestic violence protective orders into the National Crime Information Center (NCIC) protection order file, which is used in the background check process prior to firearm transfers. See also Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005, 50 (Nov. 2006).

For general information on the background check process and categories of prohibited purchasers or possessors, see the North Carolina Background Checks section.

Removal or Surrender of Firearms at the Scene of a Domestic Violence Incident

No relevant statutes currently exist.

Gun Shows

No relevant statutes currently exist.

See the North Carolina Private/Secondary Sales section for state laws that apply at gun shows.

Immunity Statutes / Manufacturer Litigation

North Carolina General Statutes § 14-409.40 provides that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se. Section 14-409.40 also provides that the state is the only government entity that may bring an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller or trade association relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public. Section 14-409.40 further provides that, in such a case, “it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use.” Section 14-409.40 does not prohibit a local government from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller or trade association for breach of contract or warranty for defective materials or workmanship as to firearms or ammunition purchased by the local government.

Section 99B-11(a) provides that, in a products liability action involving firearms or ammunition, the question of whether a firearm or ammunition shell is defective in design shall not be based on a comparison or weighing of the benefits of the product against its risk of causing damage, injury or death.

Section 99B-11(b) further provides that in a products liability action brought against a firearm or ammunition manufacturer, importer, distributor, or retailer that alleges a design defect, the burden is on the plaintiff to prove:

• That the actual design of the firearm or ammunition was defective, causing it not to function in a manner reasonably expected by an ordinary consumer of firearms or ammunition; and

• That any defective design was the proximate cause of the injury, damage, or death.

Section 14-409.46(a) and (b) provides that the operator or owner of a sport shooting range is not subject to civil liability or criminal prosecution or an action for nuisance, and a state court shall not enjoin the use or operation of the range on the basis of noise or noise pollution resulting from the operation or use of the range if the range was in existence on September 1, 1994 and the range was in compliance with any noise control laws that applied at the time the range began operation. Rules adopted by any state department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere do not apply to a sport shooting range. Section 14-409.46(c).

A person who acquires title to real property adversely affected by the use of a sport shooting range initially operated prior to the time the person acquired title shall not maintain a nuisance action on the basis of noise or noise pollution against the owner of the range to restrain, enjoin, or impede its use. Section 14-409.46(d). However, the person may maintain a nuisance action within one year of the date of a substantial change in use. Id. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range. Id.  For information about local regulation of sport shooting ranges, see the North Carolina State Preemption section.

For detailed information about government and private party lawsuits against the gun industry, the status of litigation involving gun industry immunity statutes in various states, or pending gun industry immunity legislation, visit the Brady Center's Legal Action Project and the Coalition to Stop Gun Violence's Gun Industry Immunity page.

Junk Guns / Saturday Night Specials

No relevant statutes currently exist.

Large Capacity Ammunition Magazines

No relevant statutes currently exist.

Licensing of Gun Purchasers / Owners

North Carolina General Statutes § 14-402 provides that no person may purchase a handgun without a permit to purchase a handgun or a concealed handgun permit. Once obtained, a permit to purchase a handgun, issued by the sheriff of the county in which the purchaser resides, is valid for up to five years and may be used to purchase one handgun. Section 14-403. To obtain a permit, an applicant must be a resident of the county in which he or she is applying. Section 14-404. Section 14-404 also provides that a permit will be denied to an applicant who:

• Is under an indictment or information for, or has been convicted of, a felony (except for felonies for antitrust violations, unfair trade practices, or restraints of trade);

• Is a fugitive from justice;

• Is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug;

• Has been adjudicated mentally incompetent or been committed to a mental institution, unless his or her rights have been restored under section 122C-54.1;

• Is unlawfully in the United States;

• Has been discharged from the armed forces under dishonorable conditions;

• Has renounced his or her United States citizenship;

• Is subject to a court order that:

• Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

• 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

• 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.

An applicant must also present evidence that he or she is of good moral character and desires the weapon for protection, target shooting, collecting or hunting. Section 14-404.

The sheriff of each county must keep a record of all permits to purchase a handgun, including the name, date, place of residence, and age of each person to whom a permit is issued.  Section 14-405.

A permit to purchase a handgun qualifies as exempt from the requirements of the Brady Act. Under federal law, persons who have been issued state permits to purchase or possess firearms are exempt from background checks if those permits were issued: 1) within the previous five years in the state in which the transfer is to take place; and 2) after an authorized government official has conducted a background investigation, including a search of the NICS database, to verify that possession of a firearm would not be unlawful. 18 U.S.C. § 922(t)(3), 27 C.F.R. § 478.102(d). Consult the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) chart outlining those permits that qualify as alternatives to the Brady Act. Please note that ATF’s exempt status determination is subject to change without notice. For further information, see the North Carolina Background Checks section.

Locking Devices

No relevant statutes currently exist.

Mental Health Reporting

Federal law prohibits any person from selling or otherwise transferring a firearm or ammunition to any person who has been “adjudicated as a mental defective” or involuntarily “committed to any mental institution.” 18 U.S.C. § 922(d)(4). However, no federal law requires states to report the identities of these individuals to the National Instant Criminal Background Check System (NICS) database, which the FBI uses to perform background checks prior to firearm transfers.

In 2008, North Carolina enacted N.C. Gen. Stat. § 122C-54(d1), which provides that, after a judicial determination that an individual must be involuntarily committed for either inpatient or outpatient mental health treatment, the clerk of the superior court in the county where the determination was made must, as soon as practicable, cause a report of the commitment to be transmitted to NICS. The clerk must report an individual involuntarily committed for outpatient mental health treatment to NICS only if the individual is found to be a danger to self or others. Id.The clerk shall also cause to be transmitted to NICS a record where an individual is found not guilty by reason of insanity or found mentally incompetent to proceed to criminal trial. Id. Records of involuntary commitment are accessible only by an entity having proper access to NICS and are otherwise confidential. Id. The clerk must effect the required transmissions to NICS according to protocols established by the Administrative Office of the Courts. Id.

Section 122C-54.1 allows a person involuntarily committed for mental health treatment to petition a court for a restoration of his or her eligibility to possess a firearm. If the court grants the petition, it must forward the order to NICS for updating of the record. Section 122C-54.1(d). In addition, section 122C-54(d1) states that the clerk, upon receipt of documentation that an affected individual has received a relief from disabilities pursuant to section 122C-54.1 or any applicable federal law, must cause the individual's record in NICS to be updated.

According to the Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (Nov. 2006), local mental health records in North Carolina may be accessed manually by checking agencies.

For general information on the background check process and categories of prohibited purchasers or possessors, see the North Carolina Background Checks and North Carolina Prohibited Persons sections.

Minimum Age to Purchase / Possess

North Carolina General Statutes § 14-269.7 prohibits any person under the age of 18 from possessing or carrying a handgun, unless the minor:

• Possesses the handgun for educational or recreational purposes while supervised by an adult who is present;

• Is emancipated and possesses the handgun inside his or her residence; or

• Possesses the handgun while hunting outside the limits of an incorporated municipality and has written permission from a parent or guardian.

There is no minimum age to possess rifles and shotguns in North Carolina.

The state prohibits any person from causing, encouraging, or aiding a minor who is less than age 18 to possess or carry, whether openly or concealed, any firearm on educational property. Section 14-269.2(c).

Federal law prohibits firearms dealers from selling or delivering a shotgun or rifle, or ammunition for a shotgun or rifle, to any person the dealer knows or has reasonable cause to believe is under the age of 18. 18 U.S.C. § 922(b)(1), (c)(1). Dealers are prohibited from selling or delivering other firearms (e.g., handguns) or ammunition for those firearms to any person the dealer knows or has reasonable cause to believe is under the age of 21.  Id.

Federal law provides less stringent age restrictions with respect to sales by unlicensed persons.  Unlicensed persons generally may not sell, deliver or otherwise transfer a handgun or handgun ammunition to any person the transferor knows or has reasonable cause to believe is under the age of 18.  18 U.S.C. § 922(x)(1), (3) and (5).  Neither federal law nor North Carolina law provides age limitations with respect to the sale of a long gun by an unlicensed person.

Multiple Purchases / Sales of Firearms

No relevant statutes currently exist.

Personalized / Smart Guns

No relevant statutes currently exist.

Private / Secondary Sales

North Carolina General Statutes § 14-402 provides that no person may sell or otherwise transfer a handgun to a person who has not obtained a permit to purchase a handgun or a concealed handgun permit. Once obtained, the permit to purchase a handgun, issued by the sheriff of the county in which the purchaser resides, is valid for up to five years. Section 14-403. To obtain a permit, an applicant must present evidence that he or she is of good moral character and desires the weapon for protection, target shooting, collecting or hunting. Section 14-404(a)(2), (3). Applicants must undergo a background check to obtain a permit. Section 14-404. See the North Carolina Licensing of Gun Purchasers/Owners section for more information.

North Carolina imposes a felony on any person who sells, offers for sale, gives or transfers in any way a handgun to a person under age 18. Section 14-315. However, it is not an offense if the handgun is:

• Lent to the minor for temporary use;

• Transferred to an adult custodian and the minor takes only temporary possession as allowed by the adult custodian; or

• A devise or legacy distributed to a parent or guardian and the minor takes only temporary possession as allowed by the adult custodian.

Long gun transfers by private sellers (non-firearms dealers) are not subject to background checks in North Carolina, although federal and state purchaser prohibitions still apply.

Section 14-258.1(a) prohibits transferring any deadly weapon or any cartridge or ammunition for firearms to any inmate of a charitable, mental or penal institution, or local confinement facility.

Section 143-63.1 governs sales of firearms by any employee of the state in the exercise of his or her official duty.

Prohibited Persons

Federal law prohibits a number of classes of persons from purchasing or possessing firearms, including felons, fugitives, persons adjudicated as “mental defectives” or those committed to mental institutions, and leaves to the states the power to determine additional classes. For a complete list of federally prohibited purchasers, see LCAV’s Federal Background Checks and Prohibited Purchasers summary.

North Carolina has adopted additional classes of prohibited purchasers or possessors of firearms, and incorporated some of the federal prohibitions as state offenses. N.C. Gen. Stat. § 14-415.3 provides that, subject to certain limited exceptions, no person shall possess a firearm if he or she has been acquitted by reason of insanity for, or determined to lack capacity in a proceeding for:

• Any felony in North Carolina;

• Any violation, punishable by more than one year imprisonment, committed in another state or federal court; or

• Assault by pointing a gun (per § 14-34).

No person may own, possess, purchase, receive, or attempt to own, possess, purchase or receive, a firearm, machine gun, ammunition, or permits to purchase a handgun or carry a concealed handgun if prohibited from doing so by a court as part of a domestic violence protective order while that protective order or any successive protective order entered against that person is in effect. Section 14-269.8.

No person who has been convicted of a felony in North Carolina, or a violation punishable by more than one year imprisonment committed in another state or federal court, may purchase, own, possess, or have in his or her custody, care, or control, any firearm. Section 14-415.1.

Section 14-258.2 prohibits any person in the custody of the Division of Prisons or a local confinement facility from possessing a weapon capable of inflicting serious bodily injury or death.  Section 7B-2510 states that in any case where a juvenile is placed on probation, the court may prohibit the juvenile from possessing a firearm.  Section 15A-1343(a)(5) states that a court imposing regular conditions of probation must prohibit the defendant from possessing a firearm without the written permission of the court.  Section 15A-1368.4 makes it a “controlling condition” for the release of a person from prison before the termination of his or her maximum prison term that the person not possess a firearm unless granted written permission by the Post-Release Supervision and Parole Commission (“Commission”) or a post-release supervision officer.  Similarly, section 15A-1374 states that the Commission may require that a parolee refrain from possessing a firearm unless granted written permission by the Commission or the parole officer.

No person may purchase a handgun without a permit to purchase a handgun or a concealed handgun permit (so long as the concealed handgun permittee is a state resident at the time of the purchase). Section 14-402. Pursuant to Section 14-404, no person may obtain a permit to purchase a handgun if he or she:

• Is under an indictment or information for, or has been convicted of, a felony (except for felonies for antitrust violations, unfair trade practices, or restraints of trade);

• Is a fugitive from justice;

• Is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug;

• Has been adjudicated mentally incompetent or been committed to a mental institution, unless his or her rights have been restored under section 122C-54.1;

• Is unlawfully in the United States;

• Has been discharged from the armed forces under dishonorable conditions;

• Has renounced his or her United States citizenship; or

• Is subject to a court order that:

• Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;

• 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

• 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.

For information on the background check process used to enforce these provisions, see the North Carolina Background Checks section.

Registration of Guns

The sheriff of each county must keep a record of all permits to purchase a handgun, including the name, date, place of residence, and age of each person to whom a permit is issued. N.C. Gen. Stat. § 14-405. No other relevant statutes currently exist.

Reporting of Lost or Stolen Firearms

No relevant statutes currently exist.

Waiting Periods

No relevant statutes currently exist.