According to the U.S. Constitution, Americans have the right to own and bear arm for the protection of their lives, families, and properties. Article 1, Section 30 of the North Carolina further mentions the assembly of militias for the purpose of protecting the state. Of course, in times of peace, the army is dissolved. However, residents still have the right to maintain weapons. Nevertheless, further observance of the law reveals that some citizens give up the right to own a shotgun, rifle, or handgun.
Carrying Guns and Possession Laws: Penalties & Regulations
In order to possess a handgun, individuals must complete an application, under oath with the sheriff; pay a fee; provide 2 sets of fingerprints; provide a certificate of completion of a handgun safety course; and authorize records that speak to mental health. In most cases, the individual will have the permit to own and carry a gun within days. However, many North Carolina Citizens have forfeited their right to bear arms or a simply too young. Even for those who have been cleared, it does not give persons the right to possess arms in certain situations. So, regulations and penalties have been established in the event the law is broken. For example:
- Possession of a weapon on school property is a class 1 felony to have a gun on school property
- An individual is guilty of a class 1 felony, if a weapon is given to a minor
- Possessing a gun in state buildings is unlawful
Requirements:
|
| Permit | Registration | License | Age |
| Shot Guns | No | No | No | 18 |
| Rifles | No | No | No | 18 |
| Hand Guns | Yes-to purchase and carry | No | No | 21 |
North Carolina Purchasing Guns Laws
North Carolina is a “shall issue” state. The sheriff will issue a permit once a citizen has completed a safety course, presented an application, and passed the background check. However, each sheriff may have different criteria for purchasing or carrying a gun within the county. For example, North Carolina is an open carry state, except for the town of Cary, due to their local ordinances. So, it is extremely important to understand the gun laws at the Federal, state and local level, when living in North Carolina.
Penalties & Regulations for Illegal Purchases
Purchasing rifles and shotguns in North Carolina does not require a permit. However, a permit is necessary to buy and carry a handgun. The law specifically states that minors and felons may not purchase a gun. Unfortunately, seemingly law-abiding citizens will try to get by the law and ignore the regulations. Then, penalties will be handed down. For instance:
- Selling a gun to a minor leads to six months in prison
- A domestic violence person buying a gun is guilty of a class H felony, punishable by 10 years in prison
- A felon purchasing a gun in guilty of a class G felony, with a possible sentence of up to 15 years in prison and a fine
Requirements:
|
| Permit | Registration | License | Age |
| Shot Guns | No | No | No | 18 |
| Rifles | No | No | No | 18 |
| Hand Guns | To Purchase and carry | No | No | 21 |
Firing Handguns and Self Defense
North Carolina has strict laws regarding the purchase and possession of a weapon. Citizens have the right to protect home and family. But, it does not mean that people can take a gun to populated areas, carry a gun everywhere they go, or open carry anywhere in the state. In a court of law, self defense will not be a viable reason for carrying a:
- Gun without a permit means revocation of the permit
- Gun on school property is a class 1 felony
- Arming for civil disobedience, and teaching others to do so, is a class H felony, punishable by 10 years in prison
