Gun laws in North Carolina

Article I, section 30 of the Constitution of North Carolina states: “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 is a common law state.

'[6]Because of State v. Huntley, and other court rulings,[5] caution is urged as to the areas in North Carolina a person frequents with firearms.

[7] NFA weapons such as registered fully automatic firearms, short-barreled shotguns, and suppressors are legal to own by private citizens in North Carolina so long as ATF regulations are followed.

To acquire a handgun in North Carolina an individual must complete ATF Form 4473 at an FFL licensed seller or through private sales.

[10][11] North Carolina previously had a Pistol Purchase Permit system that was a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.

The sheriff shall deny a permit to an applicant who:[14] (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

(5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C.

(8a) 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 under G.S.

(8c) Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.

(9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

(10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

[16] The following restrictions and conditions for concealed carry are set out in the Chapter 14-415.11[14] of the NC General Statutes: Furthermore, it is a Class I Felony for any person knowingly 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(G.S.

[21] It is also unlawful for a person to arm himself or herself with a gun for the purpose of terrifying others[note 1] and go about so on public highways in a manner to cause terror.

[28] This session also removed the need for the Attorney General to maintain a database of states that meet the requirements of an NC permit.

In North Carolina, the out-of-state officer may not carry in either public or private areas where the possession of firearms is prohibited.

[29] In State v. Gainey (1968), the appeals court found that a firearm concealed within the passenger compartment of a vehicle is not necessarily immediately available if the circumstances dictate.

[31][32] In 2015, the state legislature set out to make the local gun laws in North Carolina more uniform across the board.

Despite this legislation being in place, many buildings still maintain 'gun free zone' signs on the entrances to the property, thus rendering them merely voluntary.

[39] In the town of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable handguns are more often associated with criminal activity.

[43] Pursuant to North Carolina's Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared but may not impose restrictions on lawfully possessed firearms.

[44]: 30 Prior to October 1, 2012,[45] firearms could not be legally transported or possessed off of one's own premises during a declared state of emergency or in the immediate vicinity of a riot, except for law enforcement and military personnel in the performance of their duties.