Revised regulation: How did firearm restrictions change in North Carolina in 2023?

The debate surrounding current gun control laws has become an undeniable focal point in American politics, sparking complex discussions and challenging the nation’s leaders to navigate the intersection of rights and regulations.

Wilmington is no exception to this dialogue. Braver Angels, a nonprofit dedicated to political depolarization, hosted a bipartisan discussion about gun control at the Pine Valley Library in early December.

Gun control debates persist as an election year approaches. Staying informed about the current state of gun legislation, both cross-nationally and more specifically within North Carolina, is crucial.

With this in mind, an essential question arises: how did firearm legislation change in North Carolina in 2023?

A repeal of pistol purchase permits.

In March of 2023, North Carolina legislature overrode Gov. Roy Cooper’s veto of Senate Bill 41 (SB-41), altering the necessary permit requirements and background checks needed to purchase a handgun in North Carolina.

Previously, a $5 pistol purchase permit received from the sheriff’s office in the county from which the gun owner resides was needed in order to acquire a handgun.

This process also allowed for local law enforcement to conduct background checks and confirm the intent of purchase was for “the protection of the home, business, person, family, or property,” “target shooting,” “collecting” or “hunting,” according to G.S. 14-404.

The new law eliminated these registration requirements.

However, gun stores will still need to run a background check on the purchaser’s name before finalizing the transaction and the required ATF form 4473, a Firearms Transaction Record Form, has not been removed by the law.

Federally licensed gun stores have access to the National Instant Criminal Background Check System (NICS) to complete this process.

Widened constraints on concealed carry rights.

Section 1 of SB-41 became effective on Dec. 1, 2023.

This section authorizes “concealed carry permit holder to carry firearms on certain school properties at certain times,” according to SB-41.

Amendments to this section allow for concealed carry permit holders to carry a concealed handgun into educational properties that “are the location of a school and a building that is a place of religious worship” outside of school operating hours.

School operating hours are defined by the bill as anytime during which any the following occur:

• “The premises are being used for curricular or extracurricular activities.”
• “The premises are being used for educational, instructional, or school-sponsored activities.”
• “The premises are being used for programs for minors by entities not affiliated with the religious institution.”

Properties owned by local boards of education of county commissions, public and private institutes of higher education, and premises with posted notices prohibiting possession of firearms are excluded.

Additionally, effective July 1, 2023, “a person employed by a law enforcement agency” but who is “not a law enforcement officer sworn and certified” can carry a concealed handgun in certain law enforcement and correctional facilities.

General firearm regulations in North Carolina.

Manning Law Firm, PLLC., of Raleigh, provides a summary of the current basic gun laws statewide.

The North Carolina-based criminal defense law firm indicates that anyone 18 or older with no prior felony convictions can legally open carry in North Carolina, without limitations to the caliber size of magazine capacity of the firearm.

Concealed carry is only permitted with a permit issued by the local sheriff’s office. Firearm owners must be 21 years of age, complete a minimum eight-hour training course, and not have a mental or physical disability preventing the safe handling of a firearm, amongst other law requirements in order to carry a concealed weapon.

More information about where it is permissible to carry a firearm, firearm purchase restrictions, and requirements to inform law enforcement of firearm possession can be found on its webpage at manninglaw.com.