North Carolina Gun Control Laws

By John Mascolo, Esq. | Legally reviewed by FindLaw Staff | Last reviewed April 02, 2024

The subject of gun control remains controversial whether at the state legislature or in Congress. The Second Amendment to the U.S. Constitution and provisions of most state constitutions protect the right of citizens to own and bear arms. Gun violence challenges both state and federal governments to find practical ways to address public safety.

North Carolina's gun control laws seek to balance the rights of gun owners with the state's duty to keep people safe. To some outside observers, North Carolina's gun laws are lenient. The state does not attempt to regulate or reduce access to assault weapons. In 2023, the state repealed its pistol purchase permit law.

Federal Firearms Law

Although most gun regulation happens at the state level, some key federal gun laws apply nationwide. Federal law governs the ownership and registration of certain dangerous weapons and accessories such as machine guns, sawed-off shotguns, sawed-off rifles, and silencers. It also sets licensing requirements for firearms dealers.

Federal law also bans the possession or ownership of guns by convicted felons and those convicted of misdemeanor domestic violence. Such federal prohibitions form the basis for the National Instant Criminal Background Check System (NICS). Federally licensed firearms dealers and most law enforcement agencies use NICS to help keep guns from falling into the wrong hands.

North Carolina Gun Control Laws

State laws can go further than federal laws in how they regulate guns. They can restrict the sale, purchase, use, and carrying of firearms. Often, state lawmakers will follow their own political and ideological beliefs. All states have some gun restrictions. The matter is more one of degree. North Carolina gun laws are less restrictive than many other states.

Background Checks on Gun Purchases

In several states, there has been momentum to require universal background checks related to gun purchases. Anyone who buys a gun through a federally licensed gun dealer must pass a background check prior to delivery of the weapon. However, federal law does not cover gun purchases and transfers that occur through private sales.

North Carolina had closed the background check loophole for handgun purchases with its past requirement to obtain a permit to purchase a handgun. Close to 90% of Americans support universal background checks, but the North Carolina General Assembly found enough votes to repeal the state's pistol purchase permit law. They then overrode North Carolina Governor Roy Cooper's veto of the measure.

The state of North Carolina sets no minimum age for the purchase of long guns (rifles and shotguns). It provides only limited exceptions for access to handguns by anyone under 18 years of age.

License and Carry Laws

In general, North Carolina law prohibits the carrying of concealed firearms. Exceptions apply for members of the U.S. Armed Forces when in the discharge of their official duties and certain other law enforcement officers and government employees.

The laws of the state allow individuals to apply for a concealed carry permit to carry a concealed handgun in public. To obtain a concealed handgun permit (CHP), you must apply at your local sheriff's office. The application process requires a criminal background check prior to issuance of the permit.

The North Carolina Sheriffs' Association provides helpful information for those seeking information on the permit process.

Whether you have a CHP or not, you cannot consume alcoholic beverages or be under the influence of a controlled substance while carrying a firearm. As in most states, there are also prohibited locations for carrying firearms, concealed or open. You should be aware that, with limited exceptions, you cannot carry guns into the following places:

Schools and educational facilities (CHP holders can have a handgun in a locked vehicle)
Law enforcement and correctional facilities
Buildings or the parts of buildings that house state or federal offices
Assemblies where attendees pay a fee
Establishments where alcoholic beverages are sold and consumed
The State Capitol Building and grounds in Raleigh
The Executive Mansion and the Western Residence of the Governor
Buildings housing a court from the General Court of Justice
Parades, funeral processions, picket lines, and certain demonstrations
Private property where the owner has posted conspicuous notice of a firearm prohibition

If you have a valid concealed handgun permit, you can carry a concealed handgun in state parks and rest areas along highways.

North Carolina has a state preemption statute. This limits local governments from passing ordinances that conflict with state gun laws, although there are exceptions. For example, cities and counties can regulate the discharge of firearms and the display of guns on public property.

Local authorities can also prohibit the carrying of concealed handguns by posting signage on municipal and county playgrounds, athletic fields, swimming pools, and athletic facilities.

Overview of North Carolina Gun Control Laws

The following chart details the main provisions of North Carolina's gun control laws. See Details on State Gun Control Laws and the links below to learn more.

Relevant North Carolina Gun Control Statutes (Laws)	North Carolina General Statutes, Chapter 14, Criminal Law, Article 35 Carrying concealed weapons - Section 14-269 Weapons on campus or other educational property - Section 14-269.2 Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed - Section 14-269.3 Weapons on certain state property and in courthouses - Section 14-269.4 Prohibition on handguns for minors - Section 14-269.7 Purchase or possession of firearms by person subject to domestic violence order prohibited - Section 14-269.8 Weapons at parades, etc., prohibited - Section 14-277.2 North Carolina General Statutes, Chapter 14, Criminal Law, Article 36a Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction - Section 14-288.8 Certain weapons at civil disorders - Section 14-288.20 North Carolina General Statutes, Chapter 14, Article 52a Dealer to keep record of sales; confidentiality - Section 14-406 Solicit unlawful purchase of firearm - Section 14-408.1 Machine guns and other like weapons - Section 14-409 North Carolina General Statutes, Chapter 14, Article 54a Possession of firearms, etc., by felon prohibited - Section 14-415.1 Possession of a firearm or weapon of mass destruction by persons acquitted of certain crimes by reason of insanity - Section 14-415.3 North Carolina General Statutes, Chapter 14, Article 54b Permit to carry concealed handgun - Section 14-415.11 Criteria to qualify for the issuance of a permit - Section 14-415.12
Illegal Arms	The following weapons and ammunition are prohibited in North Carolina: Machine guns, submachine guns, or other like weapons Sawed-off shotguns Sawed-off rifles Silencers Teflon-coated bullets
Waiting Period	North Carolina does not require a waiting period to purchase a gun.
Who May Not Own	The following people are not allowed to own or possess a firearm in North Carolina: Anyone who has been convicted of a felony (except antitrust violations, unfair trade practices, or restraints of trade) A person who has been acquitted by reason of insanity of a felony or a misdemeanor assault by pointing a gun A person who has been determined to lack capacity to proceed for a felony or a misdemeanor assault by pointing a gun A person subject to a domestic violence order that prohibits possession of firearms
License Required?	No. You are not required to get a license or permit to purchase or possess a firearm in North Carolina.
Concealed Carry License Required?	Yes. You can only carry a concealed handgun on your own premises or when you have a concealed handgun permit (CHP) or are a military permittee. A permit holder must carry the CHP and valid identification with them when carrying a concealed handgun. There are location restrictions.
Open Carried Allowed?	Yes. Open carry is allowed without a permit. There are location restrictions.
Eligibility for a Concealed Carry License	To be eligible for a concealed handgun permit (CHP), you must: Be a citizen of the United States or have been lawfully admitted for permanent residence, and have been a resident of the state at least 30 days prior to filing the application Be 21 years of age or older Not suffer from a physical or mental infirmity that prevents the safe handling of a handgun Complete an approved firearms safety and training course Not be ineligible to own, possess, or receive a firearm under the provisions of North Carolina or federal law Not be under indictment or have a finding of probable cause that you committed a felony Not have been adjudicated guilty in any court of a felony, except for antitrust violations, unfair trade practices, or restraints of trade Not be a fugitive from justice Not be an unlawful user of, or addicted to marijuana, alcohol, or other drugs Not have been adjudicated to be lacking mental capacity or to be mentally ill Not have been discharged from the military under conditions other than honorable Not have been adjudicated guilty of or received a suspended sentence for one or more misdemeanor crimes of violence Not be prohibited from possessing a firearm as a result of a conviction of a misdemeanor crime of domestic violence. Not have been adjudicated guilty of or received a suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, a person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel Not have had entry of a prayer for judgment continued for a criminal offense that would disqualify you from obtaining a concealed handgun permit Not be free on bond or personal recognizance in a pending case for a crime that would disqualify you from obtaining a concealed handgun permit Not have been convicted of an impaired driving offense within three years prior to filing the application
Machine Gun Laws	Owning or possessing a machine gun is illegal in North Carolina except in very limited circumstances that include compliance with federal law.
Penalties for Illegal Firearm Possession	North Carolina uses a structured sentencing system. Thus, the penalties for violating North Carolina's gun laws depend on several factors. These include the specific offense, prior criminal history, and aggravating or mitigating circumstances. Fines may be assessed in addition to a jail/prison term. The following list contains common offenses and their maximum terms: Illegally carrying a concealed gun is a Class 2 misdemeanor for a first offense, punishable by up to 60 days imprisonment. A second or subsequent offense is a Class H felony, punishable by up to 25 months imprisonment Illegally carrying weapons into an assembly, a liquor establishment, state buildings, or courthouses is a Class 1 misdemeanor, punishable by up to 120 days imprisonment. Unlawful possession of a handgun by a minor and unlawful possession of a weapon at a parade, picket line or demonstration is a Class 1 misdemeanor, punishable by up to 120 days imprisonment. Unlawful possession of a machine gun is a Class I felony, punishable by up to 12 months imprisonment. Unlawful possession of a gun in violation of protective order is a Class H felony, punishable by up to 25 months imprisonment. Unlawful possession of a gun by a convicted felon is a Class G felony, punishable by up to 31 months imprisonment. Unlawful possession of a gun after adjudications of insanity or incapacity is a Class H felony, punishable by up to 25 months imprisonment.
Penalties for Illegal Possession on or Near School Grounds	Illegal possession of a firearm on school property is a Class I felony, punishable by up to 12 months imprisonment. Illegal possession of a firearm on school property is a Class 1 misdemeanor if the offender is not a student or employee of the school and the firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack. A Class 1 misdemeanor is punishable by up to 120 days imprisonment.
Red Flag Law?	North Carolina does not have a red flag that permits a court to order the removal of firearms from a person found to be a threat to self or others.
Universal Background Checks?	No. North Carolina does not regulate private sales or transfers of firearms.
Stand Your Ground Law?	Yes. A person who is in a place they have a lawful right to be can use appropriate defensive force (including deadly force) to repel an attack. There is no duty to retreat.

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts that include federal decisions, ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the status of any state law(s) you are reviewing.

North Carolina Gun Control Laws: Related Resources

Gun Laws
Domestic Violence: Firearms
North Carolina Law
Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.

Are You Facing a Gun Crime Charge?

If you have been charged with a gun crime or just want to understand the gun laws in your state, you may want to seek legal advice. You can contact a North Carolina criminal defense attorney to discuss your specific situation. The Office of Indigent Services may be able to assist if you cannot afford to hire a private attorney.

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