Minors and 'pistol cartridges'

[LAR-15]

Under this North Carolina law is it illegal to transfer ammunition for a pistol to a minor (person under 18) or am I reading it wrong?

§ 14‑315. Selling or giving weapons to minors.

(a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.

(a1) Sale of Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:

(1) 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) 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) 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.

(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:

(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.

(2) The person reasonably believed that the minor was not a minor.

(3) The person either:

a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or

b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age. (1893, c. 514; Rev., s. 3832; C.S., s. 4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)

 

[Henry Bowman]

That's what it says. But read on...

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.

I would suggest looking at G.S. 14‑269.7 and G.S. 14‑316 to see whether they provide any exceptions (express or implied) with respect to ammo. If the other statutes provide for a minor hunting or participating in sport shooting, then there is at least an implicit exception. If that is the case, the legislature needs to clean up the statute you quoted to refer to the exception. Or the exception may only apply to long guns and long gun ammo.


Always read what is stated before and after a section or subsection of a law or rule. Always go look at any other sections refered to. Often, one section partially cancels or creates an exception for another.

 

[musher]

Interesting that it appears to provide exceptions to the general prohibition on transfer (temporary) of handguns to minors, but appears to provide no such exceptions to the prohibition on transferring ammunition for handguns to minors.

You can hold it, but you can't shoot it.

 

[Blackbeard]

Do they define the term "pistol cartridge"?

 

[ArfinGreebly]

Carbine Cartridge

Interesting.

I have carbines.

Specifically, I have carbines in 9 mm (x2), .357 mag & .38 spl (x1), .22 LR (x4).

If I were so inclined, I would also have carbines in .40 S&W, .45 ACP, .45 LC, and .44 mag.

Moreover, if I were feeling particularly perverse, I could buy a pistol (e.g. Kel-tec) in 5.56 NATO. Or a revolver in .30 (M1) carbine.

I always get a kick out of telling the clerk at Wal*Mart that this box of 9 mm is "for a rifle." Always gets a look. I always offer to bring them the rifle.

Hope they've got a better definition of "pistol cartridge" somewhere else.

 

[jrfoxx]

what kills me about this issue whith people under 21 having to show ID, or getting asked if it's for a pistol or rifle, etc, is that the first gun I ever bought was a Blackhawk .357 when I was 18, and I dont recall anyone ever asking for ID, or asking what the ammo was for (and to be honest, I would have said pistol, as I dont think I knew about rifles and carbines that fired pistol rounds at the time ).Still, it never came up, whether I bought it from K-Mart, Meijer's, or a gun store. Now before somebody thinks this was back when you could mail order anything to your door, the really sad part is that it was only 15 years ago.things have changed a fair bit just inthe 15 years I have been paying attention to it.Kinda scary how fast things can start to slide.

Heck, My 1st year in college, my roommate and I would sit right on the wall, in front of our dorm, right in the middle of campus in the afternoon and clean our handguns, and no one ever even batted an eye.The college even had a weapons locker in every dorm for people to store thier bows and guns (we werent supposed to have them in the rooms, but I NEVER heard of it being enforced, and most people kept at least one in thier desk, as getting into the locker could be a hassle if the RA was at class or something).

Kinda scary that I can talk about the "good old days" (relatively) of guns while I'm 34, and only be referring to 15 or so years ago.

 

[eflatminor]

When they say 'pistol' cartridge...

They mean ALL cartridges. Show me one cartridge that can't be put into a pistol-sized gun...doesn't exist. Therefore, it applies to all cartridges for the sucker they decide to arrest.

 

[xvirus2501]

The definition of a "Pistol Cartridge" is vague. some place of business selling you ammunition usually define weather or not it is a Pistol Cartridge.

 

[LAR-15]

I posted the statute in it's entirety.

There is no definition for 'pistol cartridge'

 

[LAR-15]

§ 14‑316. Permitting young children to use dangerous firearms.

(a) It shall be unlawful for any parent, guardian, or person standing in loco parentis, to knowingly permit his child under the age of 12 years to have the possession, custody or use in any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, except when such child is under the supervision of the parent, guardian or person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish such child any weapon enumerated herein. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

(b) Air rifles, air pistols, and BB guns shall not be deemed "dangerous firearms" within the meaning of subsection (a) of this section except in the following counties: Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union, Vance. (1913, c. 32; C.S., s. 4441; 1965, c. 813; 1971, c. 309; 1993, c. 539, s. 218; 1994, Ex. Sess., c. 24, s. 14(c).)

 

[LAR-15]

§ 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.)

 

[LAR-15]

It seems all three posted statutes cancel each other out