MCWCC — US & NC Firearms Laws

Gun-Related Laws & Regs (draft)

For a summary of the details included in the references here, go to:
Overview-of-the-Laws Presentation to MCWCC monthly meeting

Caution: No legal advice is offered, here. Please seek legal counsel.

US Federal Laws & Regs

NC State Laws & Regs

US Constitution
• Second Amendment recognizes and protects individuals' rights to be armed to defend themselves and their freedom.
Second Amendment (SAF)
Civil Rights Impact of 2ndA

A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.

• Fourteenth Amendment Equal-Protection Clause assures that the Second is not violated by the States.

US Code (USC)
These are the laws enacted under the authority of the US Constiltution.
link

Common Law
These are principles which whch are so obvious, and so steeped in cultural tradition, that they are not written as law, but which have the force of law. These principles go way back to pre-Christian Britain (e.g. defense of habitation).
link

US Court Interpretations& Case Law
SCOTUS and the US Courts of Appeals rule on the interpretation of the above with the force of law or even new law, when abused.
link

US Attorney General Opinions
Determines how Federal law enforcement agencies and Federal prosecutors will approach enforcing and prosecuting Federal laws.

Executive-Branch Regulations
These are written by the beurocracy to execute and enforce the laws and judicial edicts above. They have the force of law and usually invoke criminal punishment for violation.

ATF:
• Prohibited Persons
• Prohibited Places
• Prohibited & Controlled Firearms
• Mailing & Shipping
• Licenses: dealer, collector, manufacturer, importer
FBI:
• NICS
TSA:
• Transportation

Federal Firearms Laws-1 (NRA-ILA)

Federal Firearms Laws-2 (NRA-ILA)

Federal Firearms Regulations Ref Guide (ATF)

ATF/BATFE Regs FAQ
ATF/BATFE Rulings

FBI Instant Background Check NICS-1 (FBI)

FBI Instant Background Check NICS-2 (FBI)

Interstate Transportation (NRA-ILA)

Airline Baggage (NRA-ILA)

Airline Baggage (packing.org)

Airline Baggage (TSA)

Layovers (TSA)

AMTRAK Ferearms forbidden.in checked and carry-on

Greyhound Firearms forbidden.in checked and carry-on

Federal Property
Ft Bragg
Blue Ridge Parkway
Outer Banks National Seashore

NC Constitution
Expands on US Second Amendment. Recognizes State militias as well as individual gun rights.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty. they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.

NC General Statutes (NCGS)
Criminal Code (NCGS Chapter 14)

Common Law
NC Court Interpretations & Case Law
NC State Regulations
NC Attorney General Opinion
See the Federal comments.

Covers
• Buying/Selling Firearms
• Prohibited People
• Prohibited Places
• Legal/Prohibited Kinds of Firearms
• Use of Deadly Force
• Minors
• Young Children
• Transporting Firearms
• Range Noise-Nuisance Protection
• Local Ordinances & Lawsuits

NC Laws

NC Gun Ownership FAQ (NCRPA)

NC Firearms Laws (NC DOJ)

NC Firearms Laws (NRA-ILA)

NC Firearms Laws (ATF)

NC Firearms Laws (gunlaws.com)

NC Firearms Laws (GRNC)

Use of Deadly Force

NC Criminal Code

Concealed Carry in NC

NC CCH FAQ (NCRPA)

NC CCH FAQ (packing.org)

NC CCH Permit

Reciprocity

Rules in other States (NRA)

NC Reciprocity List (NC DOJ)

NC Reciprocity (CCRKBA)

NC Reciprocity List (GRNC)

Reciprocity Map

Sporting Use

Range-Protection Law

Hunting

Hunting on Ft Bragg

Local Ordinances & Lawsuits

NC reserves gun laws and lawsuits to itself at the State level. Localities may prohibit:
• "Exposing firearms," and
• Posession of firearms in an "emergency."

Civil Law

Jeopardy for Negligence

Other States

State Firearms Laws (NRA-ILA)

State Firearms Laws Overview Table (ATF)

State Firearms Laws (ATF)

State Gun Laws (gunlaws.com)

State Constitutions (SAF)

US Congress

NC Political Links

Legislation:

US Congress Legislation

NICS-expansion bill

S 4057, the National Park Second Amendment Restoration and Personal Protection Act of 2006
(dead)

US Senators:

Elizabeth Dole
(202) 224-6342, fax (202) 224-1100
555 Dirksen Senate Office Bldg.
Washington DC 20510

Richard Burr
(202) 224-3154
217 Russell Senate Office Bldg.
Washington DC 20510

US Congressman (6th District):
H Coble
(202) 225-3065, fax (202) 225-8611