North Carolina

NC Permit Eligibility In order for an applicant to be approved, he/she must:

• Be a citizen of the United States or have been lawfully admitted for permanent residence in the United States;
• Have been a resident of the state of North Carolina for not less than (30) days immediately preceding the filing of the application;
• Be at least twenty-one (21) years of age;

A permit will not be issued to any individual who:

• Is ineligible to possess or receive a firearm under federal or State law;
• Is under indictment or against whom a finding of probable cause exists for a felony, or has ever been adjudicated guilty in any court of a felony;
• Is a fugitive from justice;
• Is an unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant or narcotic drug, or any other controlled substance;
• Is currently, or has previously been 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;
• Has been discharged from the U.S. armed forces under conditions other than honorable;
• Has been convicted of an impaired driving offense within three years prior to the date of application submission;
• Has had an entry of prayer for judgment continued for a criminal offense which would disqualify the applicant from obtaining a concealed handgun permit;
• Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him/her from obtaining a concealed handgun permit; or
• Has been found guilty of or received a prayer for judgment continued or a suspended sentence for certain crimes.

N.C. Gen. Stat. § 14-415.13

NC CHP Training Requirements Training shall consist of eight hours of instruction and shall include the following:

Legal Issues (minimum two hours). The student shall be able to explain:

• The types of situations when the use of deadly physical force would be justified;
• List the areas where the carrying of a concealed handgun is prohibited;
• The requirements for handgun storage under G.S. 14-315.1;
• The laws governing the carrying of a concealed handgun.

The following firearm safety topics must be covered:

• Handgun nomenclature
• Handgun safety
• Handgun fundamentals
• Marksmanship fundamentals
• Presentation techniques
• Cleaning and maintenance
• Ammunition
• Written Exam of 20 question- must score at least 80% (or 16/20)
• Successful Completion of Shooting Proficiency Demonstration

N.C. Gen. Stat. § 14-415.13

NC Permit Application Process In order to acquire a North Carolina concealed handgun permit, an individual must apply to the sheriff’s office in the county in which he/she resides.

1. Complete this mandatory training course.
2. Complete the application for the county in which you reside.
3. Submit your application to your local sheriff’s department, with the following documents:
   • Carolina driver’s license or ID card (not required for active-duty military personnel);
   • Original certificate showing completion of an approved firearms safety course;
   • Completed application packet;
   • Signed “Do’s and Don’ts of Carrying a Concealed Handgun”;

Other Documents that may be Needed:

• Veterans Affairs medical release form (if applicable); original DD-214 (if applicable);
• Citizenship Form & Naturalizations papers if not born in the U.S.; and
• a copy of military PCS orders (if applicable, this is only required for active-duty personnel that are legal residents of another state or county).

As part of the application process, the applicant must accomplish the following:

• Complete an application, under oath, on a form provided by the sheriff’s office;
• Pay a non-refundable fee of $90.00;
• Allow the sheriff’s office to take two (2) full sets of fingerprints, which may cost up to $10.00;
• Provide an original certificate of completion of an approved handgun safety course (received today); and
• Provide a release authorizing disclosure of any record concerning the applicant’s mental health or capacity.
• The sheriff has forty-five (45) days from the time mental health records are received to issue or deny a permit.

N.C. Gen. Stat. § 14-415.13

North Carolina is not a permitless-carry state.

North Carolina law:

1. It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
   1. The General Assembly further declares that the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is not an unreasonably dangerous activity and does not constitute a nuisance per se and furthermore, that it is the unlawful use of firearms and ammunition, rather than their lawful design, marketing, manufacture, distribution, sale, or transfer that is the proximate cause of injuries arising from their unlawful use. This subsection applies only to causes of action brought under subsection (g) of this section.
2. Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.
3. Notwithstanding subsection (b) of this section, a county or municipality, by zoning or other ordinance, may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.
4. No county or municipality, by zoning or other ordinance, shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.
5. A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
6. Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.
7. The authority to bring suit and the right to recover against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any governmental unit, created by or pursuant to an act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is reserved exclusively to the State. Any action brought by the State pursuant to this section shall be brought by the Attorney General on behalf of the State. This section shall not prohibit a political subdivision or local governmental unit from bringing an action against a firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty for defect of materials or workmanship as to firearms or ammunition purchased by the political subdivision or local governmental unit.
8. A person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of this section may bring an action for declaratory and injunctive relief and for actual damages arising from the violation. The court shall award the prevailing party in an action brought under this subsection reasonable attorneys' fees and court costs as authorized by law.

N.C. Gen. Stat. § 14-409.40

North Carolina law:
In 2023 North Carolina repealed a law that previously required a permit to purchase a handgun. As a result, an individual is no longer required to obtain a permit to purchase from the sheriff prior to purchasing a gun.Federal law does not require dealers to conduct a background check if a firearm purchaser presents a state permit to purchase or possess firearms that meet certain conditions. As a result, holders of concealed handgun permits in North Carolina are exempt from the federal background check requirement.

Private sellers (sellers who are not federally licensed dealers) are not required to conduct background checks when transferring firearms in North Carolina, nor are they required to conduct firearms transfers through firearm dealers.

N.C. Gen. Stat. § 14-402(a)

North Carolina has no laws restricting the ammunition capacity of magazines.

North Carolina law:

Places Where Firearms Are Prohibited Under North Carolina Law:A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, on local government buildings and their appurtenant premises.

• Areas prohibited by G.S. § 14-269.4 (Certain State properties such as courthouses)
• Areas prohibited by rules adopted under G.S. § 120-32.1 (Legislative buildings)
• Any building housing only State or federal offices;
• An office of the State or federal government that is not located in a building exclusively occupied by the State or federal government;

A unit of local government may 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, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle.

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. 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”.

N.C. Gen. Stat. Ann. § 14-415.23

Firearms are also prohibited in a law enforcement or correctional facilities.

N.C. Gen. Stat. Ann. § 14-415.11(c)

NC Schools & School EventsPlaces Where Firearms Are Prohibited Under North Carolina Law:

• Schools, public or private, all levels including universities. A curricular or extracurricular activity sponsored by a school. This also applies to all property owned by any school. N.C. Gen Stat. § 14-269.2  (Note: Private schools reserve the right to prohibit firearms altogether.)

Firearms on School Property Exceptions:

• Vehicles: The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, who has a handgun in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

N.C. Gen. Stat. Ann. § 14-269.2

NC Public EventsPlaces Where Firearms Are Prohibited Under North Carolina Law:

• Assemblies and establishments where alcohol is both sold and consumed: Permit holders are exempt from this prohibition unless the establishment is posted as off limits to firearms. N.C. Gen Stat. § 14-269.3
• Events Occurring in Public: It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. (N.C. Gen Stat. § 14-277.2) (NC R ORANGE CTY RCRP Rule 17)
• Assemblies and establishments where admission was charged: Permit holders are exempt from this prohibition unless the establishment is posted as off limits to firearms. N.C. Gen Stat. § 14-269.3, 18 U.S.C.A. § 921, 922

N.C. Gen Stat. § 14-277.2

North Carolina law:

Open Carry is allowed except in areas where it is specifically prohibited, including any areas where concealed carry is prohibited.

• A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law-enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property. The areas that may prohibit open carry are extensive, so before engaging in open carry in North Carolina, you should check in advance to determine if open carry is prohibited in a specific area.
• It shall be lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest area, at any State-owned rest stop along the highways, and at any State-owned hunting and fishing reservation.

In North Carolina, no-weapons signs do not have the force of law.

It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

N.C. Gen. Stat. § 14-269.3

North Carolina law does not address the issue of transporting a firearm in a vehicle.

North Carolina:Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm

• in a condition that the firearm 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

is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:

• Possesses it in violation of G.S. 14-269.2(b);
• Exhibits it in a public place in a careless, angry, or threatening manner;
• Causes personal injury or death with it not in self defense; or
• Uses it in the commission of a crime.

Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.

N.C. Gen. Stat. Ann. § 14-315.1

• A North Carolina Concealed Handgun Permit (CHP) only allows for the concealed carrying of a handgun, not the concealed carry of other weapons. A handgun is defined by law as “a firearm that has a short stock and is designed to be held and fired by the use of a single hand.”
• A concealed handgun must be “about the person” which generally refers to being concealed from view on your person or within arm’s reach or ready access by you.
• The concealed handgun permit issued by the sheriff must be in your possession at all times a concealed handgun is carried. Valid identification is also required.
• Firearms may not be carried on any premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

N.C. Gen Stat. § 14-415.11(c)

• It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. N.C. Gen. Stat. Ann. § 14-269

 N.C. Gen Stat. § 14-277.2

North Carolina law:

The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer.

• A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person's possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14-415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14-3.1.
• An out-of-state permit/license holder (and an in-state one, too) must have their permit on them at any time that they are carrying a concealed weapon and must reveal themselves as a concealed weapons permit/license holder to the police when approached or addressed by an officer. N.C. Gen. Stat. § 14-415.21.

 N.C. Gen. Stat. Ann. § 14-415.11

North Carolina does not have Emergency Risk Orders ("Red Flag Laws).

North Carolina law:

Use of Force

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.

Use of Deadly Force

A person is justified in the use of deadly force and does not have a duty to retreat in any place he or she has the lawful right to be if either of the following applies:

• He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another.
• Under the circumstances permitted pursuant to G.S. 14-51.2

N.C. Gen. Stat. Ann. § 14-51.3

North Carolina does not have a law specific to the defense of others, but does allow for the defense of a third person in its defense-of-person law.

Defense of Habitation The lawful occupant of a home, motor vehicle, or workplace is presumed to have held a reasonable fear of imminent death or serious bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply:

1. The person against whom the defensive force was used was in the process of unlawfully and forcefully entering,
2. or had unlawfully and forcibly entered, a home, motor vehicle, or workplace,
3. or if that person had removed or was attempting to remove another against that person's will from the home, motor vehicle, or workplace.
4. The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred

N.C. Gen. Stat. Ann. § 14-51.2

Defense of Habitation Exceptions The “Castle Doctrine” defense of habitation legal protections may not apply to any of the following:

• The person against whom the defensive force is used has the right to be in or is a lawful resident of the home, motor vehicle, or workplace, such as an owner or lessee, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person.
• The person sought to be removed from the home, motor vehicle, or workplace is a child or grandchild or is otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used.
• The person who uses defensive force is engaged in, attempting to escape from, or using the home, motor vehicle, or workplace to further any criminal offense that involves the use or threat of physical force or violence against any individual.
• The person against whom the defensive force is used is a law enforcement officer or bail bondsman who enters or attempts to enter a home, motor vehicle, or workplace in the lawful performance of his or her official duties, and the officer or bail bondsman identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer or bail bondsman in the lawful performance of his or her official duties.
• The person against whom the defensive force is used (i) has discontinued all efforts to unlawfully and forcefully enter the home, motor vehicle, or workplace and (ii) has exited the home, motor vehicle, or workplace.

N.C. Gen. Stat. Ann. § 14-51.2

North Carolina law:When is the use of non-deadly force justified in defense of property?

1. You must be in possession of the property as either its owner, an agent of its owner or an employee of its owner;
2. You must reasonably believe that the other person was about to either injure, destroy, or unlawfully take the property;
3. To prevent the other party from injuring, destroying, or unlawfully taking the property, you reasonably believed you had to use force; and
4. You used no more force against the other party than was reasonably necessary under the circumstances to prevent injury, destruction, or unlawful taking of the property.

N.C.P.I. Civil 800.56tat. Ann. § 14-51.2

North Carolina law:Under the circumstances permitted pursuant to G.S. 14-51.2.(b) A person who uses force as permitted by this section is justified in using such force and is immune from civil or criminal liability for the use of such force, unless the person against whom force was used is a law enforcement officer or bail bondsman who was lawfully acting in the performance of his or her official duties. Fortunately, North Carolina law provides a certain degree of immunity if you have justifiably used defensive force.

Unfortunately, in order to invoke this “protection” or “immunity” offered by the statute, you must put forth the immunity defense in court, and show that you were justified in using deadly force.

Even with the protection of these statutes, if the bad guy sues you, you will have to introduce facts to the judge or jury to prove by a preponderance of the evidence that you were justified.

N.C. Gen. Stat. § 14-51.3

North Carolina law:

One who is not the initial aggressor may stand his ground, regardless of whether he is in or outside the home.

State v. Lee, 370 N.C. 671, 811 S.E.2d 563 (2018)

Legal protection for self-defense is not available to a person who used defensive force and who:

• Was attempting to commit, committing, or escaping after the commission of a felony.
• Initially provokes the use of force against himself or herself. However, the person who initially provokes the use of force against himself or herself will be justified in using defensive force if either of the following occur:
  • The force used by the person who was provoked is so serious that the person using defensive force reasonably believes that he or she was in imminent danger of death or serious bodily harm, the person using defensive force had no reasonable means to retreat, and the use of force which is likely to cause death or serious bodily harm to the person who was provoked was the only way to escape the danger.
  • The person who used defensive force withdraws, in good faith, from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person who was provoked continues or resumes the use of force

N.C. Gen. Stat. Ann. § 14-51.4

Assaulting by Pointing a Gun If any person shall point any gun or pistol at any person, either in fun or otherwise, whether such gun or pistol be loaded or not loaded, he shall be guilty of a Class A misdemeanor.

N.C. Gen. Stat. Ann. § 14-34

Going Armed to the Terror of the People This is a common-law crime in North Carolina. The essential elements of the crime are generally as follows:

1. an individual armed with a dangerous weapon (i.e. pistols or rifles)
2. for the unlawful purpose of terrorizing the people, and,
3. thus armed, went about the public areas,
4. in a manner to cause terror to the people.

State v. Dawson, 272 N.C. 535, 549, 159 S.E.2d 1, 11–12 (1968)