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North Carolina
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NORTH CAROLINA STATE LAWS - Click On Law Below For Details
Anti-Trafficking
Is there a one-handgun-per-month limit on gun sales?
No
Assault Weapons
Are there limitations on assault weapons and magazines?
No
Attorney General Regulations
May Attorney General regulate guns?
No
Background Check At State Level
Do state police perform a background check in addition to federal NICS check?
Partial
Ballistic Fingerprinting
Must handguns be ballistic fingerprinted prior to sale?
No
CCW Limits
May police limit carrying concealed handguns?
No
Child Access Prevention - CAP
Are gun owners held accountable for leaving guns accessible to kids?
Yes
Child-Safety Locks
Must locking devices be sold with guns?
No
Gun Manufacturer Accountability
Do cities have authority to hold gun makers legally liable?
No
Gun Show Checks
Are background checks required at gun shows?
Partial
Juvenile Possession
Are minors restricted from possessing guns?
Partial
Juvenile Sale
Is it illegal to sell guns to kids?
Partial
License or Permit to Purchase
Is a license/permit required to buy handguns?
Yes
Local Gun Laws - Preemption
May cities enact laws stronger than the state's?
No
Record Keeping
May police maintain gun sale records?
Partial
Registration
Are all guns registered with law enforcement?
No
Safety Standards
Are there consumer safety standards on guns?
No
Safety Training
Is safety training required for handgun buyers?
No
Saturday Night Specials
Are there limitations on 'junk' handguns?
No
School Zones
Is it illegal for CCW permit holders to carry guns into schools?
Yes
Secondary Sales
Are background checks required on 'private' gun sales?
Partial
Waiting Period
Is there a waiting period on gun sales?
Partial
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ANTI-TRAFFICKING
Is there a one-handgun-per-month limit on gun sales? No
No state restrictions on gun-trafficking such as a limit on the number of handguns that can be purchased at one time. Gun traffickers can easily buy large quantities of handguns at gun stores and resell them on the street to criminals.
ASSAULT WEAPONS
Are there limitations on assault weapons and magazines? No
No state restriction on the sale or possession of military-style semiautomatic assault weapons like the AK47 and Uzi. Assault weapons are as easy to buy as hunting rifles. No restriction on the sale or possession of rapid-fire ammunition magazines that can fire up to 100 bullets without reloading. Federal law does prevent the sale of some assault weapons and rapid-fire magazines manufactured after 1994, but the federal law will sunset in 2004 unless Congress and President Bush renew it.
ATTORNEY GENERAL REGULATIONS
May Attorney General regulate guns? No
North Carolina: State law does not clearly authorize the Attorney General to independently regulate firearms or establish gun safety standards as part of the Attorney General?s responsibility to protect consumers.
BACKGROUND CHECK AT STATE LEVEL
Do state police perform a background check in addition to federal NICS check? Partial
North Carolina: State law requires handgun buyers to go through a state-based criminal background check in addition to the federal NICS check. But buyers of long guns (rifles, shotguns and many assault weapons)only go through the more limited federal check. This could create a serious problem since in many states the federal records are not as complete or up-to-date as state records. Failure to check state records may allow prohibited gun buyers, like those under recently-issued restraining orders or those with mental illness, to improperly buy guns. Also see: Licensing and Waiting Period.
BALLISTIC FINGERPRINTING
Must handguns be ballistic fingerprinted prior to sale? No
No state requirement that gun dealers or manufacturers provide police with sample bullets/cartridges or digital images of bullets/cartridges prior to the sale of a handgun, ?ballistic fingerprinting,? which would assist police in tracing bullets at crime scenes to the guns that fired them.
CCW LIMITS
May police limit carrying concealed handguns? No
State law forces police chiefs and state sheriffs to give concealed carry permits (CCW) to anyone who can buy a handgun, allowing them to carry loaded, concealed handguns in public (known as ?shall issue?). Some safety training in the legal or safe use of weapons is required to obtain the CCW permit.
CHILD ACCESS PREVENTION - CAP
Are gun owners held accountable for leaving guns accessible to kids? Yes
State law holds gun owners responsible if they leave a gun easily accessible to a child under 18 years old and the child uses the gun to injure or threaten someone.
CHILD-SAFETY LOCKS
Must locking devices be sold with guns? No
No state requirement that guns be sold with child-safety locks that could prevent a tragic accident. Child-safety locks cost as little as $10 and could save lives if sold with firearms.
GUN MANUFACTURER ACCOUNTABILITY
Do cities have authority to hold gun makers legally liable? No
North Carolina - State law forbids city and county governments from taking any legal action to hold gun manufacturers accountable, even when they act irresponsibly in the way they design, market or distribute weapons. No other industry enjoys such special immunity for irresponsible conduct. Individuals are also prohibited from filing certain lawsuits against the gun industry to hold them accountable for wrongful conduct.
GUN SHOW CHECKS
Are background checks required at gun shows? Partial
The state requires a criminal background check be done prior to the purchase of handguns at gun shows (a police-issued permit is required for all handgun sales). But no background check is required for anyone buying a long gun at a gun show if it is sold by "private" individuals or gun "collectors." Long guns, including assault weapons like the AK47, can be sold at gun shows on a "no questions asked, cash-and-carry" basis, making it easy for criminals and even juveniles to buy as many guns as they want. No records are required to be kept on such sales either, making it almost impossible for police to trace the weapons if they are used in a crime.
JUVENILE POSSESSION
Are minors restricted from possessing guns? Partial
State law restricts juveniles under 18 from possessing handguns without parental permission or authorized supervision. But there are no restrictions on juveniles possessing rifles or shotguns including semiautomatic assault weapons.
JUVENILE SALE
Is it illegal to sell guns to kids? Partial
State law restricts selling or giving handguns to juveniles under 18, and other firearms to juveniles under 12, except for supervised loans of firearms or for limited lawful activities (such as hunting). No state limits on kids 12 or older from being given or sold rifles, shotguns or even assault weapons.
LICENSE OR PERMIT TO PURCHASE
Is a license/permit required to buy handguns? Yes
North Carolina: State law requires handgun buyers to obtain a permit from law enforcement prior to purchasing a handgun. The permit only involves a background check - no safety training or fingerprints are required. Law enforcement may take up to 30 days for the background check on the permit applicant. The fee for the permit is $5 and it is valid for five years. A separate handgun permit must be aquired for each handgun purchase.
LOCAL GUN LAWS - PREEMPTION
May cities enact laws stronger than the state's? No
State law forbids local city or county governments from enacting any local gun laws, even though the state has failed to pass responsible state-wide laws. This preemption of local government authority makes it impossible for cities to enact sensible gun laws to make their citizens safer.
RECORD KEEPING
May police maintain gun sale records? Partial
State law authorizes law enforcement to keep a record of every handgun sold or transferred in the state through its pistol permit system, but the records are only maintened for 10 years and then destroyed. The state does not keep any records on the sale of rifles or shotguns. The handgun permit records are maintained by local police for use in gun tracing and related criminal investigations. The state does not automatically compare past gun sale records with recent criminal activity to identify and disarm felons and others who bought guns legally, but later committed a crime or otherwise became ineligible to keep possession of their firearms.
REGISTRATION
Are all guns registered with law enforcement? No
No state requirement that gun owners register their firearms. Police do not know how many guns are in the state or where they are. The lack of registration data makes it more difficult for police to trace guns used in crime, identify illegal gun traffickers or hold gun owners accountable for their weapons. There is no state system to automatically identify and disarm felons and other prohibited people who bought guns legally in the past, but later committed a crime or otherwise became ineligible to keep possession of their firearms.
SAFETY STANDARDS
Are there consumer safety standards on guns? No
No state requirement that handguns meet any basic safety standards. No requirement that guns be sold with a child-safety lock or a built-in ?personalized? lock to prevent unauthorized use. No requirement that handguns have loaded-chamber indicators or magazine safety disconnects that could prevent unintentional shootings. The state Attorney General is not allowed to independently establish handgun safety standards.
SAFETY TRAINING
Is safety training required for handgun buyers? No
No state requirement that handgun buyers receive any safety training at all. No requirement that handgun buyers demonstrate any familiarity with gun laws or knowledge about safe handling/safe storage of handguns.
SATURDAY NIGHT SPECIALS
Are there limitations on 'junk' handguns? No
No state restriction on the sale of Saturday night specials or "junk" handguns. No requirement that handguns meet any safety tests such as a drop-safety test or a firing-performance test. No restriction on the sale of snub-nosed handguns that are very small and easy to conceal.
SCHOOL ZONES
Is it illegal for CCW permit holders to carry guns into schools? Yes
North Carolina - State law restricts carrying firearms on school grounds, except for law enforcement personnel. Even people with permits to carry concealed weapons (CCW) are prohibited from carrying weapons onto school grounds.
SECONDARY SALES
Are background checks required on 'private' gun sales? Partial
North Carolina: State law requires any person buying or obtaining ownership of a handgun to first obtain a purchase permit from local law enforcement, which requires an applicant to go through a criminal background check. Law enforcement may take up to 30 days to decide whether to issue a permit, which authorizes the buyer to purchase one handgun and is valid for 5-years. No background check is required for a person buying a rifle or shotgun from a private seller, including private sales at gun shows, swap meets or through newspaper or Internet advertising.
WAITING PERIOD
Is there a waiting period on gun sales? Partial
North Carolina: State law requires handgun buyers to first obtain a handgun permit. Law enforcement may take up to 30 days to process the permit and run a background check. The permit is valid for five years, but may only be used to purchase one handgun - to buy another handgun an individual must secure another permit. There is no state waiting period on rifle or shotgun sales.
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The gun law summaries provided by the Brady Campaign to Prevent Gun Violence should not be regarded as explanation of state law. While we try to keep this information accurate and updated, this material is provided for general discussion and reference purposes only.
2005 State Report Card C
North Carolina Receives a "C" on Laws Shielding Families From Gun Violence
Legislation Grade Comments
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Juvenile Possession Law B YES, must be 18 for handguns. No restriction on other firearms
Juvenile Sale/Transfer Law B YES, must be 18 for handguns, 12 other firearms
Child Access Prevention Law B+ YES, under age 18
Gun Safety Locks and Safer Design Standards F NO
Allow Cities To Regulate Guns (Non-Preempt) F NO
Secondary "Private" Sales Background Checks B+ YES, need permit for handgun sales
Carrying Concealed Weapons Law D No police discretion, training required, reciprocity, good limits
Extra Credit Demerits
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No Extra Credit Awarded Prohibits local government lawsuits against gun industry.
Links Grading Criteria
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