Each state in the United States has specific laws and regulations governing the ownership, carrying, and usage of firearms. Understanding these laws is crucial for anyone living in or visiting North Carolina, especially for gun owners. These laws are subject to change and if you don’t keep up to date with legislation or the news it could potentially lead to issues with your gun ownership. Our expert legal team at Delton Barnes Law created this guide to help you maintain lawful possession of a firearm.
Purchasing and Owning a Firearm in NC
Gun laws are constantly under review, as of 2023 there have been numerous changes to North Carolina law regarding the steps to purchase a firearm and where they’re welcomed. These changes can cause confusion for owners. When going to purchase a gun, make sure you’ve thought through the decision thoroughly. This responsibility to remain educated extends throughout the entire time you’re in possession of a gun.
Background Checks
Previously, North Carolina law required that anyone going to purchase a firearm needed to go through a background check. This check was usually carried out through the Sheriff’s office until March of 2023. This is brought by Senate Bill 41, which explicitly states that mandatory background checks are no longer required. Although they’re no longer required, it doesn’t mean that the seller won’t follow through with one.
Open Carry
North Carolina is an “open carry” state, meaning that it is legal to openly carry a gun without a permit. However, some restrictions apply, such as in certain public areas or private properties where firearms are prohibited.
Restricted Locations
There are specific locations where carrying firearms is prohibited, even with a permit. These include schools, courthouses, and certain state-owned properties. However, the recently passed bill permits individuals to carry concealed firearms in churches that are located on the same property as schools, though there are certain exceptions to this allowance.
Who Can’t Own a Firearm?
Certain individuals are prohibited from owning or possessing firearms under both federal and state laws. This includes convicted felons, individuals with domestic violence restraining orders, and those adjudicated as mentally incompetent.
Firearm Defense Laws in North Carolina
North Carolina adheres to the “Castle Doctrine,” which allows individuals to use deadly force if they believe it is necessary to prevent imminent death or serious bodily harm to themselves or others within their home, vehicle, or workplace. This doctrine removes the duty to retreat when in these locations. Using deadly force purely to defend property is not legally justified. Deadly force can only be used if there is a threat to personal safety.
The Importance of Legal Competency
Understanding and complying with North Carolina’s gun laws is essential for responsible firearm ownership and usage. The laws are designed to balance individual rights with public safety. If you are a gun owner or plan to become one in North Carolina, staying informed about current laws and any changes is crucial.
Your Trusted Legal Partner
The Law Offices of Delton W. Barnes proudly serves the Cleveland, Gaston, and Lincoln Counties in North Carolina. Our team will empower you with expert legal counsel and unwavering support. Whether it’s a business dispute, personal injury, landlord-tenant disputes, or another conflict, our dedicated team is here to guide you through every step.
Call, 704-406-9416 and contact us today to schedule a consultation with one of our experienced attorneys.
