Gun laws in North Carolina regulate the sale, possession, and use of

firearm A firearm is any type of gun designed to be readily carried and used by an individual. The term is legally defined further in different countries (see Legal definitions). The first firearms originated in 10th-century China, when bamboo tubes ...

s and

ammunition Ammunition (informally ammo) is the material fired, scattered, dropped, or detonated from any weapon or weapon system. Ammunition is both expendable weapons (e.g., bombs, missiles, grenades, land mines) and the component parts of other weap ...

in the

U.S. state In the United States, a state is a constituent political entity, of which there are 50. Bound together in a political union, each state holds governmental jurisdiction over a separate and defined geographic territory where it shares its sover ...

North Carolina North Carolina () is a state in the Southeastern region of the United States. The state is the 28th largest and 9th-most populous of the United States. It is bordered by Virginia to the north, the Atlantic Ocean to the east, Georgia and So ...

."State Gun Laws: North Carolina"
National Rifle Association – Institute for Legislative Action. Retrieved December 31, 2012."North Carolina State Law Summary"
Law Center to Prevent Gun Violence. Retrieved December 31, 2012. North Carolina is a permissive state for firearms ownership. The state maintains concealed carry reciprocity with any other state so long as the permit is valid.

Summary table

State constitutional provisions

Article I, section 30 of the

Constitution of North Carolina The Constitution of the State of North Carolina governs the structure and function of the state government of North Carolina, one of the United States; it is the highest legal document for the state and subjugates North Carolina law. All U.S. st ...

states:

“A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.”

Common law

North Carolina is a

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

state. Appearing in a public place, armed with a firearm, may be an

affray In many legal jurisdictions related to English common law, affray is a public order offence consisting of the fighting of one or more persons in a public place to the terror (in french: à l'effroi) of ordinary people. Depending on their act ...

at common law depending on the circumstances. In ''State v. Huntley'' (1843), 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'

Because of ''State v. Huntley'', and other court rulings, caution is urged as to the areas a person frequents with firearms.

Automatic rifles and machine guns

NFA weapons such as registered fully

automatic firearm An automatic firearm is an auto-loading firearm that continuously chambers and fires rounds when the trigger mechanism is actuated. The action of an automatic firearm is capable of harvesting the excess energy released from a previous discharg ...

s, short-barreled shotguns, and suppressors are legal to own by private citizens in North Carolina so long as

ATF The Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE), commonly referred to as the ATF, is a domestic law enforcement agency within the United States Department of Justice. Its responsibilities include the investigation and preven ...

regulations are followed. ATF requires the transfer of fully automatic weapons to be in compliance with State and Local laws. North Carolina General Statute 14-409 Machine Guns and Other Like Weapons, states “It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons…”. The statute goes further to outline seven specific exceptions allowing for the lawful possession of such weapons in the state of North Carolina: * Banks, merchants, and recognized business establishments for use in their respective places of business,who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; * United States Army, when in discharge of their official duties; * Officers and soldiers of the militia when called into actual service; * Officers of the State, or of any county, city or town … when acting in the discharge of their official duties; * The manufacture, use or possession of such weapons for scientific or experimental purposes; * Resident of this State who now owns a machine gun used in former wars, as a relic or souvenir may retain and keep same as his or her property. * A person who lawfully possesses or owns a weapon in compliance with 26 U.S.C. Chapter 53, §§ 5801-5871. Any other possession or use of fully automatic weapons in North Carolina is unlawful.

Acquiring a handgun

To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office of the county in which they reside and obtain a pistol purchase permit. This is not required if one has a concealed handgun permit. 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, have a reason for owning a pistol (hunting, target shooting, self defense, or collecting) and sign a court order release form concerning the mental health or capacity of the applicant. Changes to the Pistol Purchase Permit law in 2015 greatly reduced the amount of discretion a county sheriff can use in issuing a purchase permit. The new law introduced a uniform set of applications and procedures that must be strictly followed by all sheriffs, it also removed the ability of sheriffs to require character affidavit as part of issuing a permit. The law also set a five-year limit for determining the good moral character of the applicant as well as establishing a right to appeal the denial of a permit, turning the process into a shall-issue system. The Pistol Purchase Permit system is a holdover from

Jim Crow laws The Jim Crow laws were state and local laws enforcing racial segregation in the Southern United States. Other areas of the United States were affected by formal and informal policies of segregation as well, but many states outside the Sout ...

that were designed to prevent African-Americans and other minorities from easily obtaining handguns. In accordance to North Carolina Law, no county or local government can require handgun registration. In

, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina issued concealed carry permit. To obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction typically at a sporting goods store but also between private individuals or companies throughout North Carolina. Antique pistols and revolvers are specifically exempt from the purchase permit requirement, and may be freely sold to anyone at least 18 years of age including those normally prohibited from owning modern firearms such as convicted felons. Under N.C.G.S. 14-402, a county sheriff is the only person authorized to issue a permit to receive or purchase a handgun and shall issue a permit when an application is submitted by a person who is a resident of his or her particular county. The sole exception is that the sheriff may issue a permit to a non-resident when the purpose of the permit is collecting. Before issuing a permit, the sheriff must fully satisfy himself/herself that the applicant is of good moral character but may only consider the previous 5 years from the date of the application and that the person, firm, or corporation wants to possess the weapon for one of the following purposes: The protection of the applicant's home, business, person, family, or property; target shooting; collection; or hunting. The sheriff must also verify by a criminal history background investigation that it is not a violation of the state or federal law for the applicant to purchase, transfer, receive, or possess a handgun. In order to determine criminal history of the applicant, the sheriff must access the computerized criminal history records maintained by the State and Federal Bureaus of Investigation, by conducting a national criminal history records check, and by conducting a criminal history check through the Administrative Office of the Courts. North Carolina State law further states that a permit may not be issued to the following persons: An applicant who is under indictment, or has been convicted in any state, of a felony (other than an offense pertaining to anti-trust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony and is later pardoned may obtain a permit, if the purchase or receipt of the pistol does not violate the conditions of the pardon. Others that may not be issued a permit are fugitives from justice; the applicant is an unlawful user of or addicted to marijuana, any depressant, stimulant, or narcotic drug; the applicant has been adjudicated incompetent or has been committed to any mental institution; the applicant is an alien illegally or unlawfully in the United States; the applicant has been discharged from the U.S. armed forces under dishonorable conditions; the applicant, having been a citizen of the United States, has renounced their citizenship; the applicant is subject to a court order that: 1. was issued after a hearing of which the applicant received actual notice, and at which the applicant has an opportunity to participate; 2. restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonable be expected to cause bodily injury.

Concealed carry

Concealed carry exemptions summary table

Eligibility requirements

Under NCGS 14-415.12 "the sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria": * The applicant is a citizen of the

United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territorie ...

or has been lawfully admitted for

permanent residence ''Permanent Residence'' () is a 2009 Hong Kong film starring Sean Li and Osman Hung. It was directed by Hong Kong filmmaker Danny Cheng, also known as Scud. The film explores several themes traditionally regarded as 'taboo' in Hong Kong societ ...

as defined in 8 U.S.C. § 1101(a)(20), and has been a resident of the State 30 days or longer immediately preceding the filing of the application (exceptions also exist under 18 US Code S. 922 which allow non-immigrants to purchase a firearm) * The applicant is 21 years of age or older. * The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a

handgun A handgun is a short- barrelled gun, typically a firearm, that is designed to be usable with only one hand. It is distinguished from a long gun (i.e. rifle, shotgun or machine gun, etc.), which needs to be held by both hands and also braced ...

* The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. Sworn law enforcement, qualified retired law enforcement/corrections/parole/probation or a certified armed security guard are exempt from this course requirement. The

North Carolina Criminal Justice Education and Training Standards Commission North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' is ...

(NCCJETSC) shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by: # The North Carolina Criminal Justice Education and Training Standards Commission, # The National Rifle Association, or # A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission (NCCJETSC) or the

National Rifle Association The National Rifle Association of America (NRA) is a gun rights advocacy group based in the United States. Founded in 1871 to advance rifle marksmanship, the modern NRA has become a prominent Gun politics in the United States, gun rights ...

. * The applicant is not disqualified under subsection (b) of this section (see ineligibility requirements) Once the above conditions are met, the Sheriff of the relevant County shall issue the permit as North Carolina is a "

shall issue Concealed carry, or carrying a concealed weapon (CCW), is the practice of carrying a weapon (such as a handgun) in public in a concealed manner, either on one's person or in close proximity. CCW is often practiced as a means of self-defense. Every ...

" state. Instructors for these handgun safety 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 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.

Ineligibility requirements

The sheriff shall deny a permit to an applicant who: (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2) Is under

indictment An indictment ( ) is a formal accusation that a legal person, person has committed a crime. In jurisdictions that use the concept of felony, felonies, the most serious criminal offence is a felony; jurisdictions that do not use the felonies concep ...

or against whom a finding of probable cause exists for a felony.
(3) Has been adjudicated guilty in any court of a felony, unless: : (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or : (ii) the person's firearms rights have been restored pursuant to G.S. 14-415.4. (4) Is a

fugitive from justice A fugitive (or runaway) is a person who is fleeing from custody, whether it be from jail, a government arrest, government or non-government questioning, vigilante violence, or outraged private individuals. A fugitive from justice, also kno ...

.
(5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6) Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking

mental capacity Intelligence has been defined in many ways: the capacity for abstraction, logic, understanding, self-awareness, learning, emotional knowledge, reasoning, planning, creativity, critical thinking, and problem-solving. More generally, it can b ...

mentally ill A mental disorder, also referred to as a mental illness or psychiatric disorder, is a behavioral or mental pattern that causes significant distress or impairment of personal functioning. Such features may be persistent, relapsing and remitti ...

. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.
(7) Is or has been discharged from the

Armed Forces of the United States The United States Armed Forces are the military forces of the United States. The armed forces consists of six service branches: the Army, Marine Corps, Navy, Air Force, Space Force, and Coast Guard. The president of the United States is the ...

under conditions other than honorable.
(8) Except as provided in subdivision (8a), (8b), or (8c) of this section, is or has been adjudicated guilty of or received a prayer for judgment continued or

suspended sentence A suspended sentence is a sentence on conviction for a criminal offence, the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that ...

for one or more crimes of violence constituting a

misdemeanor A misdemeanor (American English, spelled misdemeanour elsewhere) is any "lesser" criminal act in some common law legal systems. Misdemeanors are generally punished less severely than more serious felonies, but theoretically more so than adm ...

, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the NCGS except for a violation of G.S. 14-33(a), or a violation of a misdemeanor under G.S. 14-226.1, 4-258.1, 14-269.2, 14-269.3, 14-269.4, 14-269.6, 14-277, 14-277.1, 14-277.2, 14-283 except for a violation involving fireworks exempted under G.S. 14-414, 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9, former 14-288.12, former 14-288.13, former 14-288.14, 14-415.21(b), or 14-415.26(d) within three years prior to the date on which the application is submitted.
(8a) Is or has been adjudicated guilty of or received a prayer for judgment continued or

for one or more crimes of violence constituting a

under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3), 14-33(d), 14-277.3A, 14-318.2, 14-134.3, 50B-4.1, or former G.S. 14-277.3.
(8b) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a result of a conviction of a misdemeanor crime of

domestic violence Domestic violence (also known as domestic abuse or family violence) is violence or other abuse that occurs in a domestic setting, such as in a marriage or cohabitation. ''Domestic violence'' is often used as a synonym for ''intimate partner ...

.
(8c) Has been adjudicated guilty of or received a prayer for judgment continued or

for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.
(9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.
(10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.
(11) Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted.
(c) An applicant shall not be ineligible to receive a concealed carry permit under subdivision (6) of subsection (b) of this section because of an adjudication of mental incapacity or illness or an involuntary commitment to mental health services if the individual's rights have been restored under G.S. 14-409.42. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997-441, s. 4; 2007-427, s. 5; 2008-210, s. 3(b); 2009–58, s. 1; 2010-108, s. 5; 2011-2, s. 1; 2011-183, s. 16; 2012-12, s. 2(bb); 2013-369, s. 11; 2015-195, ss. 7, 11(l), 17.)
It is a non-criminal violation of the law (infraction) for an individual to fail to disclose to a law enforcement officer that he has a concealed handgun on/about his person "when approached or addressed by the officer" or to provide the concealed handgun permit when required.

Scope of concealed carry permit

The following restrictions and conditions for concealed carry are set out in the Chapter 14-415.11 of the NC General Statutes: * The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun * The person shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request * Except as provided in G.S
14-415.27
(expanded permit scope for certain persons), a permit does not authorize a person to carry a concealed handgun in any of the following: # Areas prohibited by G.S

(various educational public or private property - unless person has a CHP & stored in vehicle)

(into any assembly where a fee has been charged for admission or any establishment where alcoholic beverages are sold & consumed - unless person has a CHP), an
14-277.2
(present or spectator at parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned/controlled by the State or a city etc - unless person has a CHP) # Areas prohibited by G.S

(state capitol building, Executive Mansion, western resident of governor or on grounds/building housing any court of the General Court of Justice) except as allowed under G.S

6)(CHP holders may store the firearm on the above property if in a container/compartment in a locked vehicle) # In an area prohibited by rule adopted under G.S
120-32.1
(state legislative buildings and associated property) # In any area prohibited b
18 U.S.C. § 922
or any other federal law # In a law enforcement or correctional facility # In a building housing only State or federal offices # In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government # On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises * Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S

* It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property * As provided in G.S

it shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest area, at any State-owned rest stop along the highways, and at any State-owned hunting and fishing reservation * A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address. If a permit is lost or destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the permit was lost or destroyed and paying the required duplicate permit fee. * This subsection shall not be construed to permit a person to carry a concealed handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14-415.11(c) Furthermore, it is a Class I Felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school(G.S. 14-269.2).
It is also unlawful for a person to arm himself or herself with a gun for the purpose of terrifying others and go about so on public highways in a manner to cause terror.

Law enforcement, military & other individuals - permit scope expansions

In addition to the requirement to complete a certified conceal carry handgun safety course, the following individuals are able to carry - a handgun in certain circumstances currently prohibited for a civilian CHP holder (unless otherwise prohibited by federal law. The definitions of each are defined under NCGS Chapter 14 Article 54B.
* Officers and enlisted personnel of the Armed Forces of the US when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons * Civil & law enforcement officers of the United States * Officers and soldiers of the militia and the National Guard when called into actual service * A member of the North Carolina National Guard who has been designated by Adjutant General who has a CHP and acting in discharge of official duties, provided the member does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the member's body * Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties * A

district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a l ...

assistant district attorney In the United States, a district attorney (DA), county attorney, state's attorney, prosecuting attorney, commonwealth's attorney, or state attorney is the chief prosecutor and/or chief law enforcement officer representing a U.S. state in a loc ...

or an investigator employed by the office of a district attorney and who has a CHP provided the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body * A qualified retired law enforcement officer as defined in G.S
14-415.10
and meets any one of the following: the holder of a CHP or is exempt from obtaining a permit pursuant to G.S
14-415.25
(federal law enforcement) or certified by the NC CJE&TSC pursuant to G.S
14-415.26
* Detention personnel or correctional officers officers employed by the State or a unit of local government * NC district court judge, NC Superior Court judge, or a NC

magistrate The term magistrate is used in a variety of systems of governments and laws to refer to a civilian officer who administers the law. In ancient Rome, a '' magistratus'' was one of the highest ranking government officers, and possessed both judici ...

and who has a CHP provided the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body * A person serving as a

clerk of court A court clerk (British English: clerk to the court or clerk of the court ; American English: clerk of the court or clerk of court ) is an officer of the court whose responsibilities include maintaining records of a court, administer oaths to witn ...

or as a

register of deeds Recorder of deeds or deeds registry is a government office tasked with maintaining public records and documents, especially records relating to real estate ownership that provide persons other than the owner of a property with real rights over ...

and who has a CHP provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body * Sworn law-enforcement officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body * State probation or parole certified officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body * Person employed by the Department of Public Safety who has been designated by the Secretary of the Department, who has a CHP and has in person's possession proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body * An

administrative law judge An administrative law judge (ALJ) in the United States is a judge and trier of fact who both presides over trials and adjudicates claims or disputes involving administrative law. ALJs can administer oaths, take testimony, rule on questions of evid ...

described in Article 60 of Chapter 7A of the NCGS and who has a CHP provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body * State correctional officers, when off-duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body NCGS 14-415.11 creates the following exemptions to allow lawful carry for the above individuals: * Areas prohibited by G.S
14-269.2
(various educational public or private property)

(into any assembly where a fee has been charged for admission or any establishment where alcoholic beverages are sold & consumed), an
14-277.2
(present or spectator at parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned/controlled by the State or a city etc) * Areas prohibited by G.S

(state capitol building, Executive Mansion, western resident of governor or on grounds/building housing any court of the General Court of Justice) * In an area prohibited by rule adopted under G.S
120-32.1
(state legislative buildings and associated property) * In any area prohibited b
18 U.S.C. § 922
or any other federal law * In a law enforcement or correctional facility * In a building housing only State or federal offices * In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government * On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises

Permit reciprocity

Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state.

§ 14-415.24. Reciprocity; out-of-state handgun permits : (a) A valid concealed handgun permit or license issued by another state is valid in North Carolina''.

The above subsection of this statute previously gave reciprocity only when the state the permit was from also gave reciprocity, but this requirement was repealed under Session Laws 2011-268, s. 22(a) on December 1, 2011. This session also removed the need for the

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

to maintain a database of states that meet the requirements of an NC permit. Due to the wording of the reciprocity statute, North Carolina is one of only a handful of states to allow their residents to carry with out of state permits along with non-residents, creating an alternative route for residents to conceal carry in North Carolina, however, a North Carolina carry permit is still needed to purchase handguns without a pistol purchase permit.

Law Enforcement Officers Safety Act of 2004

The

Law Enforcement Officers Safety Act The Law Enforcement Officers Safety Act (LEOSA) is a United States federal law, enacted in 2004, that allows two classes of persons—the "qualified law enforcement officer" and the "qualified retired or separated law enforcement officer"—to ca ...

of 2004 is a federal law that allows out-of-state sworn law enforcement officers to carry concealed handguns in all states. These out-of-state law enforcement officers may carry in certain areas of North Carolina as long as they are a qualified officer of a governmental agency. They must also be authorized by law to enforce criminal laws with the statutory powers of arrest and be authorized to carry firearms with their agency. The officer must carry valid photo identification as an officer. In North Carolina, the out-of-state officer may not carry in either public or private areas where the possession of firearms is prohibited. Certain qualified retired officers may also be eligible to carry concealed handguns in North Carolina.

Case law

Various case law has been ruled on in NC clarifying the interpretation of concealed carry law. ''North Carolina v. McManus'' (1883) stated a weapon concealed on or "about his person" was still in violation of the law. It was held that a weapon concealed within immediate reach and control of a defendant, is a considered a concealed weapon for the purpose of the law. In ''State v. Gainey'' (1968), the appeals court found that a firearm concealed within the passenger compartment of a vehicle is not necessarily immediately available if the circumstances dictate. ''State v. Soles'' (2008) held that a firearm concealed inside a backpack could not be deemed as such because the state did not present enough evidence to show this and a conviction is made beyond all reasonable doubt, not on an assumption.

Local government restrictions limited by state

In 2015, the state legislature set out to make the local gun laws in North Carolina more uniform across the board. They acknowledged the need for local governments prohibit firearms in local government buildings, but they also restricted a local government's ability to prohibit on "municipal and county recreational facilities that are specifically identified by the unit of local government". The bill states that no political subdivision, boards or agencies of the State or any city, county, municipality, etc may enact rules, ordinances or regulations concerning the legal carry of a concealed handgun. The bill does, however, state "that a unit of local government may adopt an

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to permit the posting of a prohibition against the concealed carry of a handgun in accordance with NCGS § 14-415.11(c)" (places where concealed carry is prohibited and exemptions). It also states that "A unit of local government may also adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may lawfully secure the handgun in a locked vehicle within the trunk, glove box," etc. ''NCGS § 14-415.23 Statewide uniformity'' identifies 'recreational facilities' specifically as:

(c) For purposes of this section, the term "recreational facilities" includes only the following: : (1) An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area. : (2) A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool. : (3) A facility used for athletic events, including, but not limited to, a gymnasium. (d) For the purposes of this section, the term "recreational facilities" does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an "athletic field" pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section.

Despite this legislation being in place, many buildings still maintain 'gun free zone' signs on the entrances to the property, thus rendering them merely voluntary. Examples of this still being commonplace are Crabtree Creek Trail or buildings within Pullen Park, Raleigh. Some local governments have begun to amend their local ordinances to comply with state law. 76 of North Carolina's 100 counties have adopted

Second Amendment sanctuary Second Amendment sanctuary, also known as a gun sanctuary, refers to states, counties, or localities in the United States that have adopted laws or resolutions to prohibit or impede the enforcement of certain gun control measures which are perc ...

resolutions.

Open carry

Open carry is also legal throughout North Carolina. In the town of

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, 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. In the court case of ''State v. Kerner'' (1921) the defendant ended up getting into some type of confrontation with another man. The defendant walked back to his place of work, got his gun, and then returned to the scene to fight. The defendant ended up being charged with "carrying a concealed weapon" and "carrying his pistol off his premises unconcealed", which violated a local act applicable to Forsyth County and ended up being a misdemeanor. The defendant was taken to trial and the trial judge then dismissed the charge as unconstitutional. The state then appealed, and the supreme court affirmed. During court, the court stated at the beginning that the

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did not apply, because "the first ten amendments to the United States Constitution are restrictions on the federal authority and not the states". Therefore, with that being said, it focused more on the state constitution. The state constitution states that: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The court viewed the provision as protecting the right to carry arms in public. Although the case of ''State v. Kerner'' helped make more clear the allowance of openly carrying a pistol, it does not preclude all regulations regarding the carrying of firearms. On September 1, 2020, the town council of Holly Springs voted to prohibit open carry on town property.

States of emergency

Changes to North Carolina law, effective October 1, 2012, removed the prohibition on legal gun owners from carrying lawfully possessed firearms during a declared

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via the Emergency Management Act.

Pursuant to North Carolina's Emergency Management Act (Chapter 166A of the General Statutes) local governments may impose restrictions on dangerous weapons such as explosives, incendiary devices, and radioactive materials and devices when a state of emergency is declared but may not impose restrictions on lawfully possessed firearms.

Prior to October 1, 2012, firearms could not be legally 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. On March 29, 2012, the provision barring the carry and possession of a firearm during a declared state of emergency was declared unconstitutional by a US Federal Court (No. 5:10-CV-265-H .D.N.C. filed March 29, 2012

Other offenses

Under GS 14.35.1 it is a Class 1 misdemeanor to allow the storage of a firearm in a condition it can be discharged and "in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm" and if the minor carries out certain unlawful acts with it.