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  • gun permit laws for north carolina

    I am 19 years old and i am wanting to buy a handgun. I called my local sheriffs office and they told me i could get a permit. However, when i asked them if i could transport it to a range and back they said i was under age. this made no since to me. please give me your thoughts on this.

  • #2
    I couldn't find anything in the code, 14-402, 14-403, 14-404, that would prohibit someone under 21 from being issued a purchase permit. I think most counties will not issue one to someone under 21, but as best I can tell the law does not say the person has to be 21. You have to be 21 to get a CHP, but not a purchase permit as best as I can tell.

    That said, you cannot purchase a handgun from a dealer if you are under 21 by federal law. If you are between 18 and 21 I do not think there is any state law that would prohibit you from purchasing from a private seller or transporting the handgun, so long as you didn't conceal it under the meaning of the law.

    Not legal advise, but the best I can determine.
    -Landric

    "The Engine could still smile...it seemed to scare them"-Felix

    Comment


    • #3
      Thanks for the advice, I have been doing some research myself and came to the same conclusion. i went to the North Carolina justice website and found a firearms laws document which is at http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf. and found this section of the document meaning that if i am at least 18 years of age i can transport and operate the weapon.
      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.
      however i also found this and i am unsure of this however in § 14‑415.12 it states to be issued a permit you must be 21 however as stated before the sheriffs office said they could issue me a permit
      Last edited by ashwinder; 05-11-2007, 10:28 AM.

      Comment


      • #4
        Originally posted by ashwinder View Post
        Thanks for the advice, I have been doing some research myself and came to the same conclusion. i went to the North Carolina justice website and found a firearms laws document which is at http://www.jus.state.nc.us/NCJA/ncfirearmslaws.pdf. and found this section of the document meaning that if i am at least 18 years of age i can transport and operate the weapon.

        however i also found this and i am unsure of this however in § 14‑415.12 it states to be issued a permit you must be 21 however as stated before the sheriffs office said they could issue me a permit
        14-415.12 is for concealed handgun permits, not purchase permits. You have to be 21 to get a CHP, but not, as it seems, to get a purchase permit.
        -Landric

        "The Engine could still smile...it seemed to scare them"-Felix

        Comment


        • #5
          if you do get a weapon also remember:

          Do not bring it on ANY school property. class 1 felony

          Do not bring it on property that Serves alcohol. note: even though the establishment is not serving at the present time it holds a license to do so. Therefore you would be guilty of a class 1 misd.

          I'm also trying to find the statute that clarifies your situation.

          I love a mystery.

          Campus Po-Po
          If you can't be honest with yourself who can you be honest with.

          Comment


          • #6
            § 14‑415.12. Criteria to qualify for the issuance of a permit.

            (a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

            (1) The applicant is a citizen of the United States and has been a resident of the State 30 days or longer immediately preceding the filing of the application.

            [B](2) The applicant is 21 years of age or older.

            (3) The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.

            (4) The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. The North Carolina Criminal Justice Education and Training Standards Commission shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by:

            a. The North Carolina Criminal Justice Education and Training Standards Commission,

            b. The National Rifle Association, or

            c. A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association.

            Every instructor of an approved course shall file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.

            (5) The applicant is not disqualified under subsection (b) of this section.

            (b) The sheriff shall deny a permit to an applicant who:

            (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

            (2) Is under indictment or against whom a finding of probable cause exists for a felony.

            (3) Has been adjudicated guilty in any court of a felony.

            (4) Is a fugitive from justice.

            (5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

            (6) Is currently, or has been previously 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 under this subdivision.

            (7) Is or has been discharged from the armed forces under conditions other than honorable.

            (8) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13, 14‑288.14, 14‑318.2, or 14‑415.21(b).

            (9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

            (10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

            (11) Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the application is submitted. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997‑441, s. 4.)

            __________________________________________________ _________

            Don't know why your local Sheriff's dept told you what they did sry you'll have to wait a few more years. good luck
            If you can't be honest with yourself who can you be honest with.

            Comment


            • #7
              Originally posted by taz1802 View Post
              § 14‑415.12. Criteria to qualify for the issuance of a permit.

              (a) The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

              (1) The applicant is a citizen of the United States and has been a resident of the State 30 days or longer immediately preceding the filing of the application.

              [B](2) The applicant is 21 years of age or older.

              (3) The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.

              (4) The applicant has successfully completed an approved firearms safety and training course which involves the actual firing of handguns and instruction in the laws of this State governing the carrying of a concealed handgun and the use of deadly force. The North Carolina Criminal Justice Education and Training Standards Commission shall prepare and publish general guidelines for courses and qualifications of instructors which would satisfy the requirements of this subdivision. An approved course shall be any course which satisfies the requirements of this subdivision and is certified or sponsored by:

              a. The North Carolina Criminal Justice Education and Training Standards Commission,

              b. The National Rifle Association, or

              c. A law enforcement agency, college, private or public institution or organization, or firearms training school, taught by instructors certified by the North Carolina Criminal Justice Education and Training Standards Commission or the National Rifle Association.

              Every instructor of an approved course shall file a copy of the firearms course description, outline, and proof of certification annually, or upon modification of the course if more frequently, with the North Carolina Criminal Justice Education and Training Standards Commission.

              (5) The applicant is not disqualified under subsection (b) of this section.

              (b) The sheriff shall deny a permit to an applicant who:

              (1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

              (2) Is under indictment or against whom a finding of probable cause exists for a felony.

              (3) Has been adjudicated guilty in any court of a felony.

              (4) Is a fugitive from justice.

              (5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

              (6) Is currently, or has been previously 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 under this subdivision.

              (7) Is or has been discharged from the armed forces under conditions other than honorable.

              (8) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13, 14‑288.14, 14‑318.2, or 14‑415.21(b).

              (9) Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

              (10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

              (11) Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the application is submitted. (1995, c. 398, s. 1; c. 509, s. 135.3(d); 1997‑441, s. 4.)

              __________________________________________________ _________

              Don't know why your local Sheriff's dept told you what they did sry you'll have to wait a few more years. good luck

              That is for the issuance of a CHP, not a purchase permit. I couldn't find anything in the purchase permits codes that said anything about the age of the applicant. Most departments don't seem to want to issue to anyone under 21, but as best I can tell the law doesn't say they can't.
              -Landric

              "The Engine could still smile...it seemed to scare them"-Felix

              Comment

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