Gun laws in North Carolina regulate the sale, possession, and use of firearms and ammunition in the U.S. state of North Carolina.[1] [2]
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.[3]
| Subject / law | Longguns | Handguns | Relevant statutes | Notes | |
|---|---|---|---|---|---|
| State permit required to purchase? | No | No | Senate Bill 41 | Senate Bill 41, Guarantee Second Amendment Freedom and Protections, eliminates all pistol purchase permitting laws in the state. Enacted and effective March 29, 2023. | |
| Federal Background Checks Required for all purchase through Firearms Dealers | Yes | Yes | In 2023, North Carolina repealed its law requiring a permit to purchase a handgun and is no longer a partial point of contact state for NICS. Firearms dealers must contact the FBI to process the background check required by federal law. | ||
| Background checks required for private sales? | No | No | In 2023, the North Carolina legislature overrode the governor’s veto to repeal its law requiring a permit and background check to buy a handgun. The state does not otherwise require background checks on purchases of firearms from unlicensed sellers. Federal and state purchaser prohibitions still apply. | ||
| Firearm registration? | No | No | |||
| Assault weapon law? | No | No | |||
| Magazine capacity restriction? | No | No | |||
| Owner license required? | No | No | |||
| Permit required for concealed carry? | N/A | Yes | § 14-269 §§ 14-415.10 to 14-415.27 | North Carolina is a "shall issue" state for citizens and lawful permanent residents who are 21 years or older. | |
| Permit required for open carry? | No | No | § 160A-189 | May carry openly without permit. | |
| Castle Doctrine/Stand Your Ground law? | Yes | Yes | § 14-51.3 | ||
| State preemption of local restrictions? | Yes | Yes | § 14-409.40 § 14-415.23 | Municipalities may ban firearms from government buildings. | |
| NFA weapons restricted? | No | No | § 14-288.8 § 14-409 | ||
| Shall certify? | Yes | Yes | § 14-409.41 | Shall certify within 15 days. | |
| Peaceable Journey laws? | No | No | |||
| Duty to inform? | No | Yes | § 14-415.11(a) |
Article I, section 30 of the Constitution of North Carolina 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.”
North Carolina is a common law state.[4] Appearing in a public place, armed with a firearm, may be an affray at common law depending on the circumstances.[5] 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'[6]
Because of State v. Huntley, and other court rulings,[5] caution is urged as to the areas a person frequents with firearms.
NFA weapons such as registered fully automatic firearms, short-barreled shotguns, and suppressors are legal to own by private citizens in North Carolina so long as ATF regulations are followed.[7]
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…”.[8] The statute goes further to outline seven specific exceptions allowing for the lawful possession of such weapons in the state of North Carolina:
Any other possession or use of fully automatic weapons in North Carolina is unlawful.
To acquire a handgun in North Carolina an individual must complete ATF Form 4473 at an FFL licensed seller or through private sales. The seller is required to complete a background check using the National Instant Criminal System (NICS). Completing a NICS check is not required if one has a concealed handgun permit.[9] North Carolina previously had a Pistol Purchase Permit system that was a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.[10] However, the pistol purchase permit law was repealed March 29, 2023.[11]
In accordance to North Carolina Law, no county or local government can require handgun registration.[10]
| Carry ability / Person | CHP holder ! | Local, fed & state LEOs | Retired LE | LE (off-duty) | Detention & correction | State corrections (off-duty) | Dist. / Sup. Court judge & Magistrate | DA, ADA or investigator | Armed forces (official duty) | NG (in service) | Clerk of court & register of deed | State probation & parole | DPS employee | Admin. law judge | US LE officer | US civil enforcement officer | PPSB armed security | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Must complete approved firearms safety course | Yes | No | No | No | No | Yes | Yes | Yes | Yes | Yes | No | No | Yes | Yes | No | No | No | |
| Must inform they are carrying a concealed firearm when addressed by LEO | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | |
| On private premises where there is notice that carrying a concealed handgun prohibited | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| Private/public educational property | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| Premises where fee charged for admission | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| Parade / funeral / picket line or demonstration on healthcare facility or public place owned by state or city | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| State capitol building, Executive Mansion, governor or General Court of Justice grounds | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| State legislative buildings / associated property | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| In a building housing only State or federal offices | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| In an office of State / federal government not located in a building exclusively occupied by them | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| State owned rest area / fishing / hunting reservation | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No | |
| Grounds / waters of State Park system | No | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | Yes | No |
Under NCGS 14-415.12 "the sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria":[12]
Once the above conditions are met, the Sheriff of the relevant County shall issue the permit as North Carolina is a "shall issue" 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.
The sheriff shall deny a permit to an applicant who:[12]
(1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2) Is under indictment 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.
(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 or mentally ill. 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 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 for one or more crimes of violence constituting a misdemeanor, 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 suspended sentence for one or more crimes of violence constituting a misdemeanor 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.
(8c) Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence 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.[14]
The following restrictions and conditions for concealed carry are set out in the Chapter 14-415.11[12] of the NC General Statutes:
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).[19]
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.
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).[20] [21] The definitions of each are defined under NCGS Chapter 14 Article 54B.[12]
NCGS 14-415.11 creates the following exemptions to allow lawful carry for the above individuals:[22]
Effective December 1, 2011, North Carolina automatically recognizes concealed carry permits issued in any other state.
§ 14-415.24. Reciprocity; out-of-state handgun permitsThe above subsection of this statute previously gave reciprocity only when the state the permit was from also gave reciprocity,[24] but this requirement was repealed under Session Laws 2011-268, s. 22(a) on December 1, 2011.[25] This session also removed the need for the Attorney General 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.(a) A valid concealed handgun permit or license issued by another state is valid in North Carolina.[23]
The Law Enforcement Officers Safety Act 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.
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.[26]
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.[27]
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.[28] [29]
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".[30]
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 ordinance 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).[31]
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.[32]
NCGS § 14-415.23 Statewide uniformity identifies 'recreational facilities' specifically as:[32]
(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.[33]
76 of North Carolina's 100 counties have adopted Second Amendment sanctuary resolutions.[34] [35]
Open carry is also legal throughout North Carolina.[36] In the town of Chapel Hill, 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",[37] 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 Second Amendment 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.[38]
On September 1, 2020, the town council of Holly Springs voted to prohibit open carry on town property.[39]
Changes to North Carolina law, effective October 1, 2012, removed the prohibition on legal gun owners from carrying lawfully possessed firearms during a declared state of emergency via the Emergency Management Act.[40]
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.[41]
Prior to October 1, 2012,[42] 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.[43] 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 [E.D.N.C. filed March 29, 2012])
Under GS 14.35.1[44] 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.