Planning to buy a gun in Craven County? 10 things to know about state, local firearm laws
While a recent the United States Supreme Court decision seems set to expand the rights of individuals to legally carry guns in many cities, a new wave of outcry from public officials for stricter gun laws has followed in the wake of mass shootings in Chicago and Uvalde, Texas.
Where does North Carolina stand when it comes to the restriction of the purchase and carrying of firearms?
In general, North Carolina is a gun-friendly state, with a mix of both strong and weak gun laws.
In 2020, the state ranked 25th in the nation with a total of 361,085 firearms sold, according to a report by tacticalgear.com. That figure accounted for less than 2% of guns sold nationally.
While open carry is legal in North Carolina without a permit and there is currently no ban on assault rifles, the state does require a person to obtain a permit before purchasing a handgun, which includes a criminal background check. Individuals subject to domestic violence restraining orders are also prohibited from possessing firearms.
Based on information from the Craven County Sheriff’s Office, the N.C. Sheriff's Association and ncleg.gov, here are 10 important facts to know about North Carolina’s gun laws and guidelines specific to Craven County.
Age limits
Buyers must be 18 years or older to buy a long gun, such as a rifle or a shotgun, from a licensed dealer. They must be 21 years or older to buy a handgun. However, the rules are somewhat different regarding private sales. While the law prohibits licensed dealers from selling handguns to individuals under 21, individuals 18 years or older can purchase a handgun through a private seller, providing a pistol permit is presented.
https://ncsheriffs.org/wp-content/uploads/Master-Firearms-Publication-September-2016.pdf
Permit laws
In North Carolina, permits are required for the purchase of a handgun but not for long guns.
In Craven County, handgun permit applicants must:
be a citizen, a naturalized citizen or a resident alien; be 21 years of age
eighteen to 20-year-olds can apply for a restricted permit
have attained at least 30 day's residency in Craven County
at the time of pickup, provide a valid driver's license or other picture ID with the current address provided by the State of North Carolina.
For more information, contact the Craven County Sheriff's Office at 252-636-6620.
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-402.pdf
Firearm registration
Owners of firearms are not required to register their weapons under state law, regardless of whether the weapon is a handgun or a long gun.
https://www.gunlaws101.com/state/law/north-carolina/firearm-registration
Waiting periods
North Carolina does not require a waiting period to purchase a gun.
https://www.findlaw.com/state/north-carolina-law/north-carolina-gun-control-laws.html
Illegal arms
The following weapons are prohibited in North Carolina:
Machine guns, submachine guns, or other like weapons
Sawed-off shotguns
Sawed-off rifles
Silencers
https://ncsheriffs.org/wp-content/uploads/Master-Firearms-Publication-September-2016.pdf
Open Carry
In North Carolina, it is legal to openly carry a firearm without a permit if you legally own the firearm. You must be at least 18 years old with no felony convictions. The state places no limits on weapon caliber size or magazine capacity. However, that doesn't mean you can take a weapon anywhere. While many places allow open carry, counties can regulate the display of firearms on public property and designate off-limit areas, such as schools, state and federal parks, and sporting events. Owners of private property can restrict guns simply by putting a sign on their doors saying no guns are allowed.
North Carolina also allows open carry in vehicles as long as the weapon is not concealed. The gun must be openly displayed or in a locked glove box, locked console, or in the trunk.
In Craven County, carry concealed permit applications can be done online at https://www.cravencountync.gov/277/Sheriffs-Office. Once an application has been submitted, a mandatory mental health release form must be signed.
Background checks
North Carolina’s background check laws state that for private long gun sales, a background check is not required.
However, for the private sale of a handgun, a Pistol Purchase Permit issued by the sheriff in the county where the firearm is bought, or a Concealed Handgun Permit issued by the state is required. Because a permit is required by North Carolina for the purchase of a handgun, criminal background checks are run on prospective buyers.
https://www.ncleg.gov/EnactedLegislation/Statutes/PDF/BySection/Chapter_14/GS_14-402.pdf
Assault weapons
Although Gov. Roy Cooper recently called upon Congress to enact more restrictive gun laws, there is currently no ban on assault weapons in North Carolina.
Red flag laws
There are currently no red flag gun laws in North Carolina. In 2021, North Carolina Democrats rolled out House Bill 525, also known as the Extreme Risk Protection Orders Act, but the bill was eventually rejected. HB 525 would have allowed North Carolina judges to identify individuals who pose a threat of danger to themselves or others, thereby limiting their access to firearms.
https://www.ncleg.gov/BillLookUp/2021/H525
Penalties for illegal possession
The penalties for violating North Carolina's gun laws depend on the specific offense. Here a some of the most common offenses and their corresponding penalties.
Illegally carrying a concealed gun is a Class 2 misdemeanor for a first offense and is punishable by up to 60 days imprisonment
A second or subsequent offense for illegally carrying a concealed gun is a Class H felony punishable by 4 to 25 months imprisonment
Possessing a machine gun is a Class I felony punishable by 3 to 12 months imprisonment
Possessing a gun in violation of protective order is a Class H felony punishable by 4 to 25 months imprisonment
Possession of a gun by a convicted felon is a Class G felony punishable by 8 to 31 months imprisonment
Possessing a gun when prohibited by law is a Class H felony punishable by 4 to 25 months imprisonment
https://www.findlaw.com/state/north-carolina-law/north-carolina-gun-control-laws.html
This article originally appeared on Sun Journal: 10 things to know before buying a gun in Craven County