Gun laws in North Carolina regulate the sale, possession, and use of firearms and ammunition in the state of North Carolina in the United States.
To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CHP (Concealed Handgun Permit) permit.[1] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different counties in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).[2][3][4][5][6] The Pistol Purchase requirements are a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.[7]
Durham County requires the registration of handguns. In accordance to North Carolina Law, no other county or local government may require handgun registration.[7]
North Carolina is a "shall issue" state for the concealed carry of handguns. Application for a concealed handgun permit is made through the local county sheriff's office. Applicants must complete a state approved training course given by a state certified trainer. Instructors for these classes must be certified by the North Carolina Department of Justice. The Concealed Carry Handgun Safety Class is regulated to be a minimum of eight (8) hours long and must include a written test on state laws pertaining to the use of deadly force, and restrictions on the locations a handgun may be carried in a concealed fashion. In addition, the applicant must shoot a designated course of fire and obtain a passing score. A concealed handgun permit is valid for a period of five years. Regardless of the possession of a CHP, there are places that are restricted from the carrying of a concealed handgun, or any other firearm. Some restrictions have loop holes for EMS, Fire & Police.[8] Firearms may not be 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.[9]
North Carolina honors concealed carry permits issued by Alabama, Alaska, Arizona, Arkansas, Colorado, Delaware, Florida, Georgia, Idaho, Indiana, Kansas, Kentucky, Louisiana, Michigan, Mississippi, Missouri, Montana, New Hampshire, New Mexico, Nevada, North Carolina, North Dakota, Ohio, Oklahoma, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia. New Mexico has no formal agreement with North Carolina, but they do informally accept the permit. North Carolina's permit is valid in approximately thirty-three states, more than any other CHP.[10][11]
Open Carry is also legal throughout North Carolina[12] except within the town of Cary, which forbids it by local ordinance. In the city 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. No permit is required to carry a handgun openly in North Carolina.
North Carolina is a Common Law State.[13] Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances.[14] In State v. Robert S. Huntley, it was ruled, in part:
It has been remarked that a double-barrel gun, or any other gun, cannot in this country come under the description of "unusual weapons," for there is scarcely a man in the community who does not own and occasionally use a gun of some sort. But we do not feel the force of this criticism. A gun is an "unusual weapon," wherewith to be armed and clad. No man amongst us carries it about with him, as one of his every day accoutrements—as a part of his dress—and never, we trust, will the day come when any deadly weapon will be worn or wielded in our peace-loving and law-abiding State, as an appendage of manly equipment. But although a gun is an "unusual weapon," it is to be remembered that the carrying of a gun, per se, constitutes no (sic) offence. For any lawful purpose—either of business or amusement—the citizen is at perfect liberty to carry his gun. It is the wicked purpose, and the mischievous result, which essentially constitute the crime. He shall not carry about this or any other weapon of death to terrify and alarm, and in such manner as naturally will terrify and alarm a peaceful people.[15]
Because of State v. Huntley, and other court rulings,[14] caution is urged as to the areas a person frequents with firearms.[16]
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