Confused about NC handgun laws

[WhiteKnight]

Guys, I've been reading over North Carolina's laws regarding handguns lately, and frankly I'm a bit baffled. I have bolded all of my questions in order to make this post with accompanying excerpts from North Carolina Firearms Laws easier to read.

North Carolina law does not currently address specific age requirements for the purchase of weapons. Rather, they look to the federal standards for such restrictions. Under federal law, at 18 U.S.C. 1922(b)(1), federally licensed gun dealers are prohibited from selling handguns to persons under the age of 21. Further, all other purchasers of shotguns and rifles are required to be at least 18 years old.

North Carolina General Statute 14-269.7 provides that it is a misdemeanor for any person under the age of 18 to possess or carry a handgun. A handgun is defined as a firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled. The punishment for this misdemeanor is imprisonment for up to six months, a fine of up to $500.00, or both.

I interpret this law to mean someone OVER the age of 18 can possess/carry a handgun, although they cannot legally purchase it from a federally licensed dealer. Well, how would anyone get anything without purchasing it? A gift! So would I be correct in saying an 18 year old in NC can possess/carry a handgun he/she was given as a gift?




I recently learned that North Carolina is indeed an "open carry" state. What are the age restrictions on this? I know that you must be 21 years of age and have taken a CCW class (along with other requirements) in order to get a concealed carry permit.

However, what about open carry? Could an 18 year old legally carry a handgun openly?

This prohibition does not apply to the following:

(1)Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.

(2)A minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.

(3)An emancipated minor who possesses such a handgun inside his or her residence.

(4)A minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.

Effective January 1, 1995 North Carolina law found in G.S. 14-315, to prohibit any person from selling, offering for sale, giving away, or in any way transferring to aperson under the age of 18 any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slingshot. Any person who violates this law is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this prohibition.

This statute will further provide that it is a Class H felony for a person to sell, offer for sale, give, or in any way transfer to a person less than 18 years of age any handgun as defined in G.S. 14-269.7. Additionally, an individual guilty of this offense would forfeit the proceeds of any sale made in violation of this section. This law does not apply to the following circumstances:

(1)When the handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.

(2)When the handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.

(3)When the handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A-22-7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful.

Would any of the exemptions above allow a minor to transport a handgun to a gun range for target practice/competition?

 

[Majic]

The 18 y/o can have the handgun, but can't purchase one from a licensed dealer.
A 18 y/o could probably carry a handgun afield, such as in hunting, but I doubt that he/she could carry it for self defense.
The minor most likely can't transport the firearm if he/she is traveling without a resposible adult.

You should contact your attn gen, or state police and those offices should clear it up for you

 

[spin180]

Here's another link for you: N.C. Firearms Law FAQ. Pretty decent interpretation from the N.C. Attorney General.

So would I be correct in saying an 18 year old in NC can possess/carry a handgun he/she was given as a gift?

Yes, a person who is 18 y.o.a., but not yet 21, can legally possess a handgun in N.C.

However, in order for someone to receive a handgun in N.C., whether it be purchased by or gifted to him/her, the receiver is required by law to have a valid N.C. pistol purchase permit and present it at the time of the sale/exchange. If you aren't 21, you're not going to be able to get a permit. So, according to the law, you wouldn't actually be able take possession of a handgun received as a gift, because you don't have a permit. Weird huh? Though, I've never heard of situation where that circumstance actually produced any consequence. At any rate, you could just "borrow" and handgun.

However, what about open carry? Could an 18 year old legally carry a handgun openly?

Yes, an 18 year old could legally carry openly. But, there is the ever present possibility of being 'contacted' by law enforcement about the firearm on your hip, and being under 21, although still legally possessing the handgun, you'll likely get a whole heapin' of hassling about it. Not mention the law about "Going Armed to the Terror of the People." Taken from the FAQ link above, here's a description of such:

By common law in North Carolina, it is unlawful for a person to arm himself with any unusual and dangerous weapon, for the purpose of terrifying others, and go about on public highways in a manner to cause terror to others. The N.C. Supreme Court has said that any gun is an unusual and dangerous weapon for purposes of this offense. Therefore persons are cautioned as to the areas they frequent with firearms.

Open carry can be loosely interpreted as that, and as I recall, has been in a couple of past situations.

Would any of the exemptions above allow a minor to transport a handgun to a gun range for target practice/competition?

If you are referring to a minor as someone less than 18 years old, then no, I don't believe any of those exemptions would apply. Target and range practice would probably fall under recreational purpose, but that section specifically states an adult has to be present. Here's the full statute relating to the issue:

§ 14-269.7. Prohibitions on handguns for minors.
(a) Any minor who possesses or carries a handgun is guilty of a Class 2
misdemeanor.
(b) This section does not apply:
(1) To officers and enlisted personnel of the armed forces of the United
States when in discharge of their official duties or acting under orders requiring them to carry handguns.
(2) To a minor who possesses a handgun for educational or recreational purposes while the minor is supervised by an adult who is present.
(3) To an emancipated minor who possesses such handgun inside his or her residence.
(4) To a minor who possesses a handgun while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.
(c) The following definitions apply in this section:
(1) Handgun. - A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
(2) Minor. - Any person under 18 years of age. (1993, c. 259, s. 1; 1994, Ex. Sess., c. 14, s. 5; 1993 (Reg. Sess., 1994), c. 597, s. 1.)

That said, the aforementioned 18-year-old-not-yet-21, could do what you suggest, however.

Clear as mud?

N.C. firearms laws are more convoluted than the small intestine. :banghead:

 

[Waitone]

Ding, Ding, Ding, Ding! We have a clue.

NC's gun laws are pathetic. Convoluted is a mild term.

You have precisely identified the reason why I obtained a CCH permit. You could be in violation of law and not know it. Worse yet LEO could be confused and make your life hell until he gains a clue. A CCH permit allows you to go to the range and back without fear of being hassled by an equally ignorant LEO.

Yes, NC law does provide for open carry. . . . . or some people think. I have yet to run into anyone, I repeat, anyone in the gun community who recommends trying it. Again, the law is so vague and ill defined you are the one at risk. It ain't worth the hassle and money.

NC gun laws have been rightfully been beat to death on THR. Run a search and enjoy.

A CCH permit will cut through a lot of NC's cr*p.

 

[WhiteKnight]

A CCH permit will cut through a lot of NC's cr*p.

Which is exactly the reason why I concluded a CCH class last weekend. However, though I have my certificate of having taken the class, I am not yet 21 years of age and therefore cannot actually apply for the permit.

However, until I am 21, I am trying to consider all the legal possibilities of handgun use.

 

[Majic]

However, though I have my certificate of having taken the class, I am not yet 21 years of age and therefore cannot actually apply for the permit.

Now you have to hope nothing changes before you reach 21 years of age, or you could still be out of luck and or money.

 

[targetshootr]

However, until I am 21, I am trying to consider all the legal possibilities of handgun use

The possiblities of use are endless and most are also probably bad. I have a CCH for the reasons given above but I choose not to carry since I believe it could easily lead to a bad decision on my part. If you're anxious to carry a gun I recommend a lot of thought as to the reasons in the meantime.