Concealed Weapons In North Carolina: What's The Law?

what constitutes a concealed weapon in north carolina

North Carolina's gun laws are some of the most permissive in the country. The state's constitution protects the right to bear arms, and open carry is legal without a permit for anyone over the age of 18. However, there are restrictions on where guns can be carried, and a permit is required for concealed carry. North Carolina issues concealed handgun permits (CHP) to residents and non-residents alike, provided they meet certain qualifications. These include being a US citizen or permanent resident, not having a physical or mental disability that prevents the safe handling of a handgun, and completing a state-approved firearms safety and training course. The minimum age for a CHP is 21. Carrying a concealed weapon without a permit is a crime in North Carolina, punishable by a misdemeanor or felony charge, depending on the circumstances and the individual's criminal record.

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Permits and licensing

In North Carolina, a permit is required to carry a concealed weapon. The state recognises all out-of-state permits, regardless of the age of the permit holder. However, out-of-state permit holders must familiarise themselves with North Carolina's laws, which may differ from their home state. For example, concealed handguns may not be carried in law enforcement or correctional facilities, in any space occupied by state or federal employees, in any area where concealed handguns are prohibited by federal law, or in any place of business that has posted a sign banning concealed weapons on its premises.

North Carolina residents must have a North Carolina Concealed Handgun Permit (CHP) to carry a concealed weapon in the state. The minimum age for a CHP is 21 years old, and applicants must complete a state-approved training course given by a state-certified trainer. The concealed carry handgun safety class is regulated to be a minimum of 8 hours long and must include a written test on state laws pertaining to the use of deadly force and restrictions on where a handgun may be carried. The course must also involve the actual firing of handguns.

To be eligible for a CHP, an applicant must be a US citizen or have been lawfully admitted for permanent residence and have been a resident of the state for 30 days or longer. They must not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.

A North Carolina concealed carry permit is valid for up to five years. A criminal background check is performed each time a permit is renewed. The sheriff must maintain a confidential list of the names and identifying information of each person issued a permit, which must be made available to state and local law enforcement upon request.

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Places where concealed carry is prohibited

North Carolina generally prohibits guns in certain places, even with a concealed carry permit. These places include:

  • School property (including public or private K-12 schools, colleges, or universities) or at school-sponsored events.
  • State or federal office buildings, courthouses, or certain other state property (unless the gun is kept in a locked container in your car).
  • State Capitol grounds.
  • Parades, funeral processions, picket lines, or other demonstrations (except for guns carried on a rack in a pickup truck at parades or funeral processions).
  • Any private property that prohibits concealed handguns, including establishments where alcoholic beverages are sold and consumed (unless the establishment doesn't post otherwise).
  • Any assembly where a fee has been charged for admission.
  • Any picket line or demonstration upon any private healthcare facility or public place.

Some exceptions apply for law enforcement officers and certain other authorized individuals. For example, a district attorney may carry a concealed weapon while in a courtroom.

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Penalties for carrying a concealed weapon without a permit

In North Carolina, open carry is legal without a permit, but a permit is required for concealed carry. Residents must have a North Carolina Concealed Handgun Permit (CHP) to carry a concealed weapon in the state. Non-residents with any valid license/permit can also carry a concealed weapon in North Carolina.

If you violate the law and carry a concealed weapon without a permit, you could be charged with a misdemeanor or felony. The penalties for carrying a concealed weapon without a permit in North Carolina can result in serious consequences, including a prison sentence and a permanent criminal record. The specific penalties depend on the nature and circumstances of the offense, as well as the individual's prior criminal record.

For a first-time conviction, it would be classified as a Class 2 misdemeanor, with a sentence ranging from 1 to 60 days. If the offender has no prior convictions, the sentence may be reduced to up to 30 days, and the punishment would likely be in the form of community service. However, for a second or subsequent offense, the penalties are likely to be more severe.

To obtain a concealed carry permit in North Carolina, applicants must meet certain qualifications and undergo a rigorous process. They must be citizens of the United States or lawful permanent residents, have resided in the state for at least 30 days, and undergo a state-approved firearms safety and training course. The course must include actual firing of handguns, instruction in state laws regarding concealed carry and the use of deadly force, and a written test. Additionally, applicants must pass a designated shooting course and obtain a passing score.

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Requirements for obtaining a concealed carry permit

Citizenship and Residency

An applicant must be a citizen of the United States or a permanent resident. They must also have been a resident of North Carolina for at least 30 days before filing their application.

Age

The minimum age to obtain a concealed carry permit in North Carolina is 21 years old.

Criminal History

Applicants must not have been found guilty of or received a suspended sentence for violent crimes, including certain types of assault and battery, stalking, child abuse, domestic criminal trespass, or violation of a protective order. They must also not be prohibited from possessing a firearm under 18 U.S.C. § 922(g).

Mental and Physical Health

The applicant must not suffer from any physical or mental health issues that prevent the safe handling of a handgun.

Training and Safety Course

Applicants must complete a state-approved firearms safety and training course, including at least eight hours of instruction in state laws governing the use of deadly force and restrictions on carrying a concealed weapon. The course must also include a practical component where the applicant demonstrates their ability to handle and shoot a handgun safely.

Application Process

The application process for a concealed carry permit in North Carolina is handled by the local sheriff's office in the county where the applicant resides. Some counties offer online applications, while others require applicants to visit the sheriff's office in person to complete the application under oath.

Fees and Renewal

There is a fee associated with obtaining a concealed carry permit in North Carolina, which varies by county. Permits are valid for up to five years, and renewal notices are sent out at least 45 days before the expiration date. Renewal applications must be submitted before the expiration date to avoid having to retake the firearms safety course.

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Open carry laws

Open carry is legal in North Carolina without a permit for anyone over the age of 18. However, there are restrictions on where firearms can be carried openly.

State law prohibits open carry in certain places, including schools, government buildings, parades, picket lines, and demonstrations. Local governments may also enact further restrictions, regulating or prohibiting open carry on streets, sidewalks, alleys, and other public property.

In addition, it is worth noting that certain individuals are prohibited from buying or possessing firearms under North Carolina weapons laws. This includes convicted felons, individuals subject to a current protective order, and minors.

While the right to bear arms is protected under both the federal and North Carolina constitutions, there are limitations on where and how firearms can be carried. Those who violate the law by carrying a firearm without a permit or in a prohibited area may face serious consequences, including misdemeanor or felony charges, prison sentences, and permanent criminal records.

It is important for individuals in North Carolina to be aware of the specific laws and restrictions pertaining to open carry in their county or city to ensure they are complying with all relevant regulations.

Frequently asked questions

Yes, you must have a North Carolina Concealed Handgun Permit (CHP) to carry a concealed weapon in North Carolina.

You must be a US citizen or permanent resident, have been a resident of North Carolina for at least 30 days, be at least 21 years old, and complete a firearms training course approved by the state.

Permits are issued at the county level by the local sheriff's office.

Yes, schools, government buildings, parades, picket lines, and demonstrations are off-limits.

You could be charged with a misdemeanor or felony, which could result in a prison sentence and a permanent criminal record.

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