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Discussion in 'Grass Roots North Carolina (GRNC)' started by Trazar, Jul 17, 2007.
NC Firearms Laws August 2006 Version
NC General Statutes
Another great resource! 8)
Too bad, but Packing is not to be trusted. It has not been kept up to date for quite some time now. The Forum is a good source of information but the rest has gone too far down hill to be trusted.
Up to date information which is continually updated can be found at www.handgunlaw.us This is an excellent site. I use it all the time.
Yes, be wary of Packing.org, some of the information is wrong or out of date.
Thanks for the info! 8)
packing.org is offline for good. Owner of the site gave it up when he started law school.
Here is an up and coming one.
This is the best NC gun pro rights organization out there fighting for your gun rights without compromise. I am one of the Board of Director for GRNC. I am also a Life Member of NRA and have been past board member of NCRPA also.
I strongly encourage ALL of you (ESPECIALLY THE LADIES) to join, donate, VOLUNTEER to help defend and protect your rights, GET INVOLVED NOW. Freedom is not free and your rights are under attack every time Congress and the NC Legislature is in session, even more so after 2009. I know, I walk the halls of the legislature, read legislation, sit in committee meetings and take my vacation time to do it. If all of us spend just a little time to help, spread the word and help financially support the organizations fighting for our freedoms we enjoy, we all can make a difference. It will NOT be easy after 2009. New mixes in the local elections, legislatures and Congress will require more action and EFFORT here in NC from GRNC or we will loose even more ground.
NC Firearm Laws 2010 version
From the DOJ website:
On page 4, this document states, "Under North Carolina law, it is unlawful for any person, firm, or corporation to sell, give away, transfer, purchase, or receive, at any place in the state, any pistol, unless the purchaser or receiver has first obtained a license or permit to receive such a pistol by the sheriff of the county where the purchaser or receiver resides, or the purchaser or receiver possesses a valid North Carolina-issued concealed carry permit. This requirement to obtain a permit prior to the transfer of a pistol applies not only to a commercial transaction, typically at a sporting goods store, but also between private individuals or companies throughout North Carolina. N.C. Gen. Stat. § 14-402(a)"
I have talked with people lately who have told me that FFLs are telling them they can buy a handgun as a gift to a non-minor child, and the child does not need to obtain a permit or have a CCW. Is this a gray area of the law, or do the FFLs not actually know the law?
Read that section of the law. It is illegal to give a handgun to someone who does not have a purchase permit or CCW- just as it would be illegal to sell it to them. I don't agree with the law but it is what it is.
concealed carry at church leagle or not?
I have heard it both ways for North Carolina. I'd appreciate opinions and reasons, citations etc to help me clarify my understanding about concealed carry in church.
There are NO laws in NC that prohibit concealed carry in a church.
Now the caveat to that is that if the church has a nursery school or pre-school then it becomes an educational facility and therefore off limits to carry.
The other possibility is the church being posted with no firearms signs would also make it a no concealed carry location.
Perhaps you can get the mods to move your post to the general firearms area instead of this one.
Thanks for your response. I agree with your view. I don't consider church an educational organization but a place of worship. Some seem to think that Sunday school would disallow CCW. I wonder if there has been any case law or anything that would clarify this question.
I thought that this thread would be the most relevant for my question as it deals with NC Law. You think I should ask it under General?
It's not just my view, it's the view of the NC Justice Academy too. That is almost verbatim how they teach it and how it's explained in the CHP instructor class. I teach the class and the video uses almost those exact words. If there is a nursery school or preschool it's going to be looked at as a educational facility.
While it may be a place of worship, it's still covered in the educational definitions. This is the same as restrictions on hospitals. There is no statute that prohibits carry in hospitals but if they have an educational aspect to them they fall under the educational aspect of the carry statutes. Sadly, most hospitals do have an educational aspect in one form or another.
Remember also there are no distinctions or requirements for there to be children present so even when they are not in session the property is off limits to carry.
This topic is fine here, probably does keep it more focused on law and not debating whats morally right or wrong. Seldom do morals and law coexist in 2A threads.
Thanks again for the clarification. I looked at my little pamphlet that I received in my concealed carry class and saw that it didn't mention Church but I had been told at one time that church was excluded and I saw that mentioned last week in a comment on an article in the CCW magazine a person said that NC did not allow CCW in Church. I appreciate your clarification.
Shooting at my home ?
I have been shooting at my home for some time now.
I live in a rural area of buncombe county NC.
I have over 3 acres and have proper target areas and shoot into a steep bank.
There are no homes (besides mine) that are within 100 yards of muzzle blast.
I haven't had any problems with complaints.... Yet.
I just feel it coming,After a few minutes people start driving by to see what's going on.We always stop shooting if we see a vehicle passing.
Just want to know what my rights are in case law enforcement shows up or something. I could not find anything on it on the state website.
You need to contact the law enforcement department responsible for your property and ask. If it's a sheriffs office ask to speak to the chief deputy. They will be able to tell you of any local regulations on shooting on your on property. It varies from county to county and city to city.
Churches aren't considered educational properties even though on could argue the whole point of "learning about God and religion". I have heard arguments made over Sunday School also. Along with martial arts school, music school, cooking schools, etc.
Best bet would be to call the NC Justice Academy and the Board of Education and get there take about nursery and preschools at churches. I however, strongly suggest you don't mention gun when talking to the board of education.
Back on the requirement for a PPP or a CCP...
Except in the case of an estate transfer, I cannot find anywhere where it states the seller must take and keep the PPP or document the CCP or for what period of time...forever? It is not very clear.
The statute itself is not expressly clear. You may well find a private attorney that will advise you that the statute does not require the permit be retained. But the NCDOJ has opined in its materials that the retention of the PPP is required. NCDOJ interpretations themselves are not law and courts are not bound by them. But such interpretations are often considered by law enforcement, district attorneys and even judges when they are interpreting or applying the law. To my knowledge, this specific question has never been raised or decided in any state appellate court cases. But I know that given the political makeup of the majority of our current trial and appellate court judges, I would not want to be the test case. You are your own test pilot.
The way the law is written it is very ambiguous. No mention of having to do it for private sales or for how long you have to keep records. Agree, I would not want to be the test case.
The interpretations of n c fire arm laws by the n c department of justice that many use to explain THE Laws are just a guide and should not be trusted to stand up in a court of law as the actual laws as enacted.