North Carolina Gun Laws and Legislation:
Link for current changes to Gun Laws or New Legislation: www.nraila.org/gun-laws/state-gun-laws/north-carolina/
Some of the Standard content on this NRA site:
- STATE CONSTITUTIONAL PROVISION - Article 1, Section 30,
- Gun Laws Overview,
- CONCEALED CARRY RECIPROCITY by State,
- Laws on Purchase, Possession and Carrying of Firearms, and
- NORTH CAROLINA NEWS on LEGAL & LEGISLATION Acts.
ATF Posts “Final” Rule on Stabilizing Braces
TUESDAY, JANUARY 17, 2023
On Friday, January, 13, the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) posted the “final” Factoring Criteria for Firearms with Attached “Stabilizing Braces” rule to its website.
The proposed rule was first posted by the agency in June 2021, and, is the most recent in a long line of ATF guidance, rulings, and rules regarding firearms with attached stabilizing braces.
The text posted to ATF’s website has not yet been submitted to the federal register, so it is not technically a “final” rule yet, but it likely will be posted in the coming week.
Since 2012, when Biden was serving as then-President Barack Obama’s vice president, ATF has recognized that stabilizing braces serve a legitimate function, and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject that firearm to the provisions of the National Firearms Act. That’s because stabilizing braces were first designed and intended to help disabled veterans fire large format pistols.
Read full article: https://www.nraila.org/articles/20230117/atf-posts-final-rule-on-stabilizing-braces
The proposed rule was first posted by the agency in June 2021, and, is the most recent in a long line of ATF guidance, rulings, and rules regarding firearms with attached stabilizing braces.
The text posted to ATF’s website has not yet been submitted to the federal register, so it is not technically a “final” rule yet, but it likely will be posted in the coming week.
Since 2012, when Biden was serving as then-President Barack Obama’s vice president, ATF has recognized that stabilizing braces serve a legitimate function, and the inclusion of a stabilizing brace on a pistol or other firearm does not automatically subject that firearm to the provisions of the National Firearms Act. That’s because stabilizing braces were first designed and intended to help disabled veterans fire large format pistols.
Read full article: https://www.nraila.org/articles/20230117/atf-posts-final-rule-on-stabilizing-braces
Fifth Circuit Court of Appeals Invalidates ATF Bump-Stock Rule—Holds that Congress, Not ATF, Declares What the Law Is.
MONDAY, JANUARY 9, 2023
On Friday, the Fifth Circuit Court of Appeals, sitting en banc, invalidated the ATF’s Rule classifying bump stocks as machine guns under the Administrative Procedure Act.
In 2018—after determining that bump stocks were not machine guns on ten separate occasions—ATF changed its position and reclassified bump stocks as machine guns, thereby banning any bump stock produced after 1986, effectively all of them. That decision prompted several legal challenges under the Administrative Procedure Act, which directs courts to “set aside” government actions that are “not in accordance with law.” The Fifth Circuit ultimately held that a bump stock does not meet the federal definition of a machine gun, because it does not allow the firearm to discharge multiple rounds by a single action of the trigger, and ATF’s Rule was not in accordance with the law.
But the decision goes well beyond bump stocks. The court said that the Rule “purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions.” That position was squarely rejected over 200 years ago, when Chief Justice Marshall, writing for the Supreme Court, declared “the power of punishment is vested in the legislative, not in the judicial department. It is the legislature … which is to define a crime, and ordain its punishment.” Thus, Congress, not ATF or the courts, must decide if bump stocks—or any other firearm—should be criminally outlawed, and Congress has not done that with bump stocks.
Read full article: https://www.nraila.org/articles/20230109/fifth-circuit-court-of-appeals-invalidates-atf-bump-stock-rule-holds-that-congress-not-atf-declares-what-the-law-is
In 2018—after determining that bump stocks were not machine guns on ten separate occasions—ATF changed its position and reclassified bump stocks as machine guns, thereby banning any bump stock produced after 1986, effectively all of them. That decision prompted several legal challenges under the Administrative Procedure Act, which directs courts to “set aside” government actions that are “not in accordance with law.” The Fifth Circuit ultimately held that a bump stock does not meet the federal definition of a machine gun, because it does not allow the firearm to discharge multiple rounds by a single action of the trigger, and ATF’s Rule was not in accordance with the law.
But the decision goes well beyond bump stocks. The court said that the Rule “purports to allow ATF—rather than Congress—to set forth the scope of criminal prohibitions.” That position was squarely rejected over 200 years ago, when Chief Justice Marshall, writing for the Supreme Court, declared “the power of punishment is vested in the legislative, not in the judicial department. It is the legislature … which is to define a crime, and ordain its punishment.” Thus, Congress, not ATF or the courts, must decide if bump stocks—or any other firearm—should be criminally outlawed, and Congress has not done that with bump stocks.
Read full article: https://www.nraila.org/articles/20230109/fifth-circuit-court-of-appeals-invalidates-atf-bump-stock-rule-holds-that-congress-not-atf-declares-what-the-law-is
Laws on Purchase, Possession and Carrying of Firearms -- For more detail visit: www.nraila.org/gun-laws/state-gun-laws/north-carolina/
Purchase
- No state permit is required to purchase a rifle or shotgun.
- It is lawful for citizens of the State to purchase rifles and shotguns and ammunition in states contiguous to this State.
- Pursuant to North Carolina Statute 14-402, it is unlawful for any person, firm, or corporation to sell, give away, or transfer, or to purchase or receive, any pistol without either a Pistol Purchase Permit or a North Carolina concealed handgun permit held by a resident of the State at the time of the purchase.
Possession
- There are no state licensing requirements to possess a rifle, shotgun, or handgun.
- It is unlawful for any person under 18 to possess or carry a handgun. (This prohibition shall not apply to personnel of the Armed Forces of the U.S. when in discharge of their official duties; educational or recreational purpose while supervised by an adult who is present or an emancipated minor who possesses such handgun inside his or her residence; while hunting or trapping with written permission from a parent or guardian.
- It is unlawful for a child under the age of 12 to possess or use any gun, loaded or unloaded, unless the child is under the direct supervision of a parent or guardian.
Carry
- At least 45 days prior to the expiration date of a permit, the sheriff of the county where the permit was issued shall send a written notice to the permittee explaining the permit is about to expire, including information about the requirements for renewal of the permit. The notice shall be sent by first class mail to the last known address of the permittee. Failure to receive a renewal notice shall not relieve a permittee of the requirements imposed for renewal of a permit. The permit of a permittee who applies for renewal within the 90 day period before expiration, who complies with this section, shall remain valid beyond the expiration date of the permit until the permittee either receives a renewal permit or is denied a renewal permit by the sheriff. During the renewal period, a sheriff may waive the requirement to take another firearms safety and training course. If a permit expires, a sheriff may waive the requirement of taking another firearms safety and training course if the permittee applies within 60 days after a permit expires.