
This information is provided, as a
public service, for general information purposes only. It
is not intended to be relied upon as legal authority for
the North Carolina firearms laws.
North
Carolina Firearms Law
General
Information
Learning the laws regulating the use of
firearms is a must for responsible ownership. Local regulations
differ and laws vary from state to state. Citizens must
check with the jurisdiction where the gun is to be used.
Generally, laws require the following:
Permits to buy handguns in North Carolina
can be obtained from the county sheriff (or, in 10 counties,
the clerk of superior court). In Cabarrus County it is the
Sheriff's Office.
Guns must be carried in plain view. Guns
must not be carried in a pocket, purse, under
a car seat or in any other concealed manner unless you have
a concealed handgun permit.
History
On
February 28, 1994, the Brady Handgun Violence Prevention
Act became law. The Brady Law established numerous procedures
to govern purchases of firearms from federally licensed
firearms dealers. On November 30, 1998, the permanent provisions
of the Brady Law took effect. The permanent provisions of
the Brady Law provide for the establishment of a National
Instant Criminal Background Check System (NICS) that federally
licensed firearms dealers must contact before transferring
any firearm (handgun or long gun) to people. The NICS system
is operated by the Federal Bureau of Investigation.
Effective December 1, 1995, the Bureau of
Alcohol, Tobacco and Firearms (BATF) decided that the handgun
permitting scheme established in North Carolina complies
with the exceptions provided in the Brady Law. Therefore,
North Carolina's handgun purchase permits will suffice as
a suitable alternative method for the purchase of a firearm
in North Carolina from a federally licensed firearms dealer
under Brady.
Therefore all firearm sales from federally
licensed dealers after November 30, 1998 must include a
NICS inquiry or a recognized alternative such as a valid
pistol purchase permit.
Federal
Requirements
Unless an alternative is recognized, if
a person wants to purchase a firearm from a licensed dealer,
the dealer must contact the Federal Bureau of Investigation's
NICS Operations Center by telephone. The dealer will provide
pertinent information about the purchaser to the NICS Center,
which will in turn conduct a check of the available databases
to see if the person is disqualified to receive or possess
firearms.
The NICS databases will include:
(1) Illegal/Unlawful Aliens File
(2) Controlled Substance Abuse File
(3) Dishonorable Discharge File
(4) Citizenship Renunciants File
(5) Mental Commitments File
(6) Wanted Persons File
(7) Domestic Violence Protection Order File
(8) Criminal History File
Prior
to the sale taking place, the firearm's dealer will have
the purchaser complete and sign ATF Form 4473, Firearms
Transactions Record. He will then verify the identity of
the purchaser by examining a Government issued photo identification
(for example, a driver's license). The dealer will then
contact NICS. The NICS Center will respond to the dealer
with either a "proceed", "denied" or
"delayed" response. If a "denied" response
is received the dealer will provide the person with literature
on their appellate rights. If a "delayed" response
is received and there is no additional response from the
system, the sale can take place after three business days
have elapsed. Federal Firearms Licensees' (FFLs) must keep
a copy of each ATF 4473 for which a NICS check has been
initiated, regardless of whether the transfer of the firearm
was completed. If the transfer is not completed, the FFL
must keep the Form 4473 for five years after the date of
the NICS inquiry. If the transfer is completed, the FFL
must keep the Form 4473 for 20 years after the date of the
sale or disposition.
The Brady law recognizes certain alternatives
to the NICS checks. Since North Carolina handgun purchase
permits qualify as an alternative to a NICS check, a firearms
dealer may conclude a sale of a handgun or long gun without
a NICS check, if the purchaser delivers a valid pistol purchase
permit to the dealer.
NOTE: North Carolina law allows for the
purchase of a single handgun with a single valid purchase
permit. Multiple long guns may be purchased with a single
pistol purchase permit, however they must be purchased in
a single transaction.