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Article I, § 30 of the North Carolina State Constitution, entitled "Militia and the right to bear arms," provides:
A well
regulated militia being necessary to the security of a free State,
the right of the people to keep and bear arms shall not be
infringed; and, as standing armies in time of peace are dangerous to
liberty, they shall not be maintained, and the military shall be
kept under strict subordination to, and governed by, the civil
power. Nothing herein shall justify the practice of carrying
concealed weapons, or prevent the General Assembly from enacting
penal statutes against that practice.
North Carolina courts have held that art. I, § 30 protects the ability of individuals to bear arms for defense of self and property. State v. Fennell, 382 S.E.2d 231 (N.C. Ct. App. 1989). However, as the Supreme Court of North Carolina observed in State v. Dawson, 159 S.E.2d 1, 10-12 (N.C. 1968), the decisions construing the scope of art. I, § 30 (then art. I, § 24) have consistently pointed out that the right conferred by art. I, § 30 is not absolute, but is subject to reasonable regulation. The Dawson court held that regulation must be "reasonable and not prohibitive, and must bear a fair relation to the preservation of the public peace and safety." Dawson, 159 S.E.2d at 10. The court upheld convictions under the common law prohibition against going "armed to the terror of the people." Id. at 11.
See also Fennell, 382 S.E.2d at 233 (rejecting an art. I, § 30 challenge to a state statute prohibiting possession of any "weapon of mass death and destruction" as applied to possession of a sawed-off shotgun by the defendant); But see State v. Kerner, 107 S.E. 222, 224-6 (N.C. 1921) (sustaining "as applied" challenge under art. I, § 30 to a local law prohibiting the carrying of a weapon without a permit except on one’s premises, reasoning that the ordinance could not be applied constitutionally in these circumstances as it amounted to a total prohibition on defendant’s right to carry arms for personal defense).
Finally, in State v. Oaks, 594 S.E.2d 788 (N.C. Ct. App. 2004), a court of appeals upheld a trial court’s decision to order the destruction of firearms found in the home of a defendant who admitted to habitual drug use. However, the court found that it was an unreasonable infringement on art. I, § 30 for the trial court to conclude that the defendant and his wife could not "possess firearms or ammunition on [their] own premises, even for [their] own protection" without any time limitation. Oaks, 594 S.E.2d at 793. The court found it was unreasonable for the trial court to assume the defendant and his wife would always be habitual drug users and thus would be barred from possessing firearms indefinitely. Id.
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North Carolina’s preemption statute, North Carolina General Statutes § 14-409.40, declares the regulation of firearms to be a general, statewide concern, and precludes all local regulation except as specified in the statute. Section 14-409.40(a).
Section 14-409.40(b) specifically prohibits all local governments from regulating "in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts" unless otherwise permitted by statute. The exceptions to this statute are as follows:
With respect to firearms sales, cities and counties may enact non-discriminatory regulations or prohibitions of such sales at locations if there is a "lawful, general, similar regulation or prohibition of commercial activities" at the location. Section 14-409.40(c); -
Cities and counties may enact general zoning plans that prohibit commercial activity within a fixed distance of a school or other educational institution without a special use permit issued for a commercial activity found not to pose a danger to the public health and safety of those attending that school or institution. Section 14-409.40(c);
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Cities and counties may apply the authority they are given under certain specified state statutes to regulate or prohibit possession of firearms in, or on the grounds or in the parking areas of, publicly owned buildings, public parks, or recreation areas. Section 14-409.40(f). Persons are not prohibited by section 14-409.40(f) from lawfully storing firearms within a motor vehicle when the vehicle is in any of these public locations. Section 14-409.40(f);
-
A local
government may adopt an ordinance to permit the posting of
prohibitions against carrying concealed handguns in local
government buildings and parks.
Section
14-415.23;
-
Cities and
counties may regulate the transportation, carrying, and possession
of firearms by their employees in the course of that employment. Section 14-409.40(e);
-
Cities and
counties continue to have emergency powers as specified by
statute. Sections 14-409.40(f) and
14-288.12;
-
Counties may regulate or prohibit the discharge of firearms at any time or place except when lawfully used to take animals or in defense of person or property. Section 153A-129;
-
Cities may regulate or prohibit the discharge of firearms at any time or place except when used in defense of person or property. Section 160A-189;
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Cities and counties may regulate the display of firearms on public roads, sidewalks, alleys or other public property. Section 160A-189 (cities), Section 153A-129 (counties);
-
Cities and counties may regulate or prohibit the sale, possession or use of pellet guns. Section 160A-190 (cities), Section 153A-130 (counties);
Cities and counties may levy privilege license taxes on firearms dealers. Section 160A-211 (cities), Section 153A-152 (counties).
Local governments may not regulate firearms shows with restrictions more stringent than those imposed on shows of other types of items. Section 14-409.40(d).
There are no published cases interpreting section 14-409.40 or its exceptions.
Please see the Preemption section of the Master List of Firearms Policies for a general discussion of this issue, as well as the Federal Preemption section of the Federal Law Summary page.
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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.
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No
relevant statutes currently exist.
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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 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. Federal law defines a number
of classes of prohibited purchasers (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, click
here.)
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. Federal law
does not require that private sellers (persons other than
firearms dealers) conduct background checks on prospective
purchasers.
In North Carolina, long gun transfers by licensed dealers are processed directly through the FBI. All handgun transfers are processed through local sheriffs. N.C. Gen. Stat. § 14-404, Bureau of Justice Statistics Survey of State Procedures Related to Firearm Sales, 2005 (November 2006).
North Carolina has adopted additional classes of prohibited persons and incorporated some of the federal prohibitions as state offenses. Section 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.
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; 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.
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 Carrying Firearms section.
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. See the North Carolina Private/Secondary Sales section.
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No relevant statutes currently exist.
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Possession Restrictions
No person 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)); In an establishment where alcohol is sold and consumed (§ 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 (§ 14-269.4).
No person 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.
North Carolina prohibits possession of firearms by regulation:
Concealed weapons permit holders are subject to additional location limits. Please see the Location Limits subsection below for further information.
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;
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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:
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Is ineligible to own, possess, or receive a firearm under state or federal law;
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Is
under indictment for a felony or against whom a finding
of probable cause exists for a felony;
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Has
been adjudicated guilty of a felony in any court;
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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;
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Is
currently, or has been previously adjudicated to be, lacking
mental capacity or mentally ill;
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Is or
has been discharged from the armed forces under conditions
other than honorable;
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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;
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Has had
entry of a prayer for judgment continued for a criminal
offense which would disqualify the person from obtaining a
concealed handgun permit;
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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.
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
No person, including a concealed handgun permittee, may carry a concealed handgun:
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On
educational property. Section
14-269.2;
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At an
establishment where alcoholic beverages are sold and
consumed. Section
14-269.3;
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At an
assembly where a fee is charged for admission. Section
14-269.3;
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In the State Capitol Building, Executive Mansion, Western Residence of the Governor or any building housing any court of the General Court of Justice. Section
14-269.4;
At any parade, funeral procession or picket line (possession must be willful and intentional). Section 14-277.2; At any demonstration upon a private health care facility or upon a public place (possession must be willful and intentional). Section 14-277.2; In a law enforcement or correctional facility. Section
14-415.11; In a state or federal building or office of the state or federal
government. Section 14-415.11; In a financial institution. Section 14-415.11; or In any place where the legal possessor has posted conspicuous notice that carrying a concealed handgun is prohibited. Section 14-415.11.
Concealed weapons permit holders may be subject to generally applicable possession prohibitions. Please see the Possession Restrictions and Transportation of Firearms sections above for further information.
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 web site.
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.
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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:
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Knew or
should have known of the minor’s likelihood to commit the
act;
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Had the
opportunity and ability to control the minor; and
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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:
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Possesses the firearm on educational property;
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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.
State regulations govern the safe storage of firearms and ammunition in:
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.
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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 1,694 federally licensed firearms dealers and pawnbrokers in North Carolina. Federal firearms licensee totals for North Carolina as of October 19, 2006 were provided by the U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives.
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No relevant statutes currently exist.
See the North Carolina Private/Secondary Sales section for state laws that apply at gun shows.
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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.
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.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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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;
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.
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.
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No relevant statutes currently exist.
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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).
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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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.
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No relevant statutes currently exist.
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No relevant statutes currently exist.
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