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North-Carolina-Constitutional-Carry-Laws.md

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North Carolina Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

North Carolina Constitutional Carry Laws

Legal information provided is for reference and not legal advice. Consult an attorney for specific legal concerns.

Gun Control in North Carolina

The topic of gun control remains contentious, whether at the state legislature or in Congress. The Second Amendment to the U.S. Constitution and provisions in most state constitutions protect citizens’ rights to own and bear arms. Gun violence challenges both state and federal governments to find effective ways to ensure public safety.

North Carolina’s gun control laws aim to balance the rights of gun owners with the state’s obligation to protect its residents. To some observers, North Carolina’s laws are perceived as permissive. The state does not impose regulations on or restrict access to assault weapons. In 2023, North Carolina repealed its pistol purchase permit law.

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Federal Firearms Law

While states largely regulate guns, several critical federal laws apply nationwide. Federal law governs the ownership and registration of certain firearms and accessories such as machine guns, sawed-off shotguns, sawed-off rifles, and silencers. It also mandates licensing requirements for firearms dealers.

Federal law prohibits gun possession by individuals convicted of felonies or misdemeanor domestic violence. These federal restrictions underpin the National Instant Criminal Background Check System (NICS), used by federally licensed firearms dealers and most law enforcement agencies to prevent firearms from reaching prohibited individuals.

North Carolina Gun Control Laws

State laws often go beyond federal laws in regulating firearms. They can restrict the sale, purchase, use, and carrying of guns based on state-specific political and ideological beliefs. While all states have some gun restrictions, North Carolina’s laws are considered less restrictive compared to many others.

Background Checks on Gun Purchases

There has been national momentum to implement universal background checks for gun purchases in several states. Anyone purchasing a firearm through a federally licensed dealer must pass a background check before taking possession. However, federal law does not cover private sales and transfers of firearms.

North Carolina had previously closed the background check loophole for handgun purchases with a requirement to obtain a permit. Despite national support for universal background checks, the North Carolina General Assembly passed legislation to repeal the state’s pistol purchase permit law, overriding Governor Roy Cooper’s veto.

License and Carry Laws

In general, North Carolina law prohibits the concealed carry of firearms, with exceptions for active-duty military personnel, certain law enforcement officers, and government officials.

North Carolina issues concealed carry permits (CHP) for those wishing to carry a concealed handgun in public. Applicants must apply at their local sheriff’s office and undergo a criminal background check before receiving a permit. The North Carolina Sheriffs’ Association provides guidance on the application process.

Whether or not you have a CHP, it is illegal to consume alcohol or be under the influence of drugs while carrying a firearm. Certain locations, such as schools, courthouses, and places where alcohol is sold and consumed, are off-limits for firearms.

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Overview of North Carolina Gun Control Laws

The following summarizes key provisions of North Carolina’s gun control laws:

Relevant North Carolina Gun Control Statutes (Laws):

  • Various statutes in Chapter 14 of the North Carolina General Statutes govern firearms, including regulations on carrying concealed weapons, possession on educational property, and restrictions on certain state property.

Illegal Arms:

  • North Carolina prohibits possession of machine guns, sawed-off shotguns and rifles, silencers, and Teflon-coated bullets.

Waiting Period:

  • North Carolina does not require a waiting period for purchasing firearms.

Who May Not Own:

  • Individuals prohibited from owning firearms in North Carolina include convicted felons, those acquitted by reason of insanity, and those subject to domestic violence orders.

License Required?:

  • North Carolina does not require a license or permit to purchase or possess firearms.

Concealed Carry License Required?:

  • Yes, a concealed carry permit is required to carry a concealed handgun in public places, with certain exceptions.

Open Carry Allowed?:

  • Yes, open carry is permitted without a permit, subject to location restrictions.

Eligibility for a Concealed Carry License:

  • To qualify for a concealed handgun permit, applicants must meet specific criteria related to age, residency, mental health, criminal history, and substance use.

Machine Gun Laws:

  • Owning or possessing a machine gun in North Carolina is generally illegal except in limited circumstances compliant with federal law.

Penalties for Illegal Firearm Possession:

  • Penalties vary depending on the offense and may include fines and imprisonment.

Red Flag Law?:

  • North Carolina does not have a red flag law allowing courts to order the removal of firearms from individuals deemed a threat.

Universal Background Checks?:

  • No, North Carolina does not regulate private sales or transfers of firearms.

Stand Your Ground Law?:

  • Yes, North Carolina has a stand your ground law allowing individuals to use appropriate defensive force, including deadly force, in self-defense without a duty to retreat.

Constitutional Carry Laws