North Carolina CWP Law

                       GENERAL STATUTES OF NORTH CAROLINA
                            CHAPTER 14. CRIMINAL LAW.
                   SUBCHAPTER XI. GENERAL POLICE REGULATIONS.
                     ARTICLE 54B. CONCEALED HANDGUN PERMIT.
Copyright (c) 1944-1994 by The Michie Company. Copyright (c) 1995 by The Michie
Company, a division of Reed Elsevier Inc. and Reed Elsevier Properties Inc. All
                                rights reserved.
                 Current through End of 1995 Regular Session.

s 14-415.10 Definitions.

   The following definitions apply to this Article:
    (1) Carry a concealed handgun. --   The term includes possession of a
      concealed handgun.
    (2) Handgun. --   A firearm that has a short stock and is designed to be
      held and fired by the use of a single hand.
    (3) PERMIT. --   A CONCEALED handgun PERMIT issued in accordance with the
      provisions of this Article.

(1995, c. 398, s. 1.)

s 14-415.11 Permit to carry concealed handgun; scope of permit.

   (a) Any person who has a concealed handgun permit may carry a concealed
handgun unless otherwise specifically prohibited by law. The person shall carry
the permit together with valid identification whenever the person is carrying a
concealed handgun, shall disclose to any law enforcement officer that the
person holds a valid permit and is carrying a concealed handgun when approached
or addressed by the officer, and shall display both the permit and the proper
identification upon the request of a law enforcement officer.
   (b) The sheriff shall issue a permit to carry a concealed handgun to a person
who qualifies for a permit under G.S. 14-415.12. The permit shall be valid
throughout the State for a period of four years from the date of issuance.
   (c) A permit does not authorize a person to carry a concealed handgun in the
areas prohibited by G.S. 14-269.2, 14-269.3, 14-269.4, and 14-277.2, in an area
prohibited by rule adopted under G.S. 120-32.1, in any area prohibited by 18
U.S.C. s 922 or any other federal law, in a law enforcement or correctional
facility, in a building housing only State or federal offices, in an office of
the State or federal government that is not located in a building exclusively
occupied by the State or federal government, a financial institution, or any
other premises where notice that carrying a concealed handgun is prohibited by
the posting of a conspicuous notice or statement by the person in legal
possession or control of the premises. It shall be unlawful for a person, with
or without a permit, to carry a concealed handgun while consuming alcohol or at
any time while the person has remaining in his body any alcohol or in his blood
a controlled substance previously consumed, but a person does not violate this
condition if a controlled substance in his blood was lawfully obtained and
taken in therapeutically appropriate amounts.
   (d) A person who is issued a permit shall notify the sheriff who issued the
permit of any change in the person's permanent address within 30 days after the
change of address. If a permit is lost or destroyed, the person to whom the
permit was issued shall notify the sheriff who issued the permit of the loss or
destruction of the permit. A person may obtain a duplicate permit by submitting
to the sheriff a notarized statement that the permit was lost or destroyed and
paying the required duplicate permit fee.
(1995, c. 398, s. 1; c. 507, s. 22.1(c); c. 509, s. 135.3(e).)

s 14-415.11 Permit to carry concealed handgun; scope of permit.

s 14-415.12 Criteria to qualify for the issuance of a permit.

   (a) The sheriff shall issue a permit to an applicant if the applicant
qualifies under the following criteria:
    (1) The applicant is a citizen of the United States and has been a resident
      of the State 30 days or longer immediately preceding the filing of the
      application.
    (2) The applicant is 21 years of age or older.
    (3) The applicant does not suffer from a physical or mental infirmity that
      prevents the safe handling of a handgun.
    (4) The applicant has successfully completed an approved firearms safety and
      training course which involves the actual firing of handguns and
      instruction in the laws of this State governing the carrying of a
      concealed handgun and the use of deadly force. The North Carolina Criminal
      Justice Education and Training Standards Commission shall prepare and
      publish general guidelines for courses and qualifications of instructors
      which would satisfy the requirements of this subdivision. An approved
      course shall be any course which satisfies the requirements of this
      subdivision and is certified or sponsored by:
      a. The North Carolina Criminal Justice Education and Training Standards
        Commission,
      b. The National Rifle Association, or
      c. A law enforcement agency, college, private or public institution or
        organization, or firearms training school, taught by instructors
        certified by the North Carolina Criminal Justice Education and Training
        Standards Commission or the National Rifle Association.
      Every instructor of an approved course shall file a copy of the firearms
      course description, outline, and proof of certification annually, or upon
      modification of the course if more frequently, with the North Carolina
      Criminal Justice Education and Training Standards Commission.
    (5) The applicant is not disqualified under subsection (b) of this section.
   (b) The sheriff shall deny a permit to an applicant who:
    (1) Is ineligible to own, possess, or receive a firearm under the provisions
      of State or federal law.
    (2) Is under indictment or against whom a finding of probable cause exists
      for a felony.
    (3) Has been adjudicated guilty in any court of a felony.
    (4) Is a fugitive from justice.
    (5) Is an unlawful user of, or addicted to marijuana, alcohol, or any
      depressant, stimulant, or narcotic drug, or any other controlled substance
      as defined in 21 U.S.C. s 802.
    (6) Is currently, or has been previously adjudicated or administratively
      determined to be, lacking mental capacity or mentally ill.
    (7) Is or has been discharged from the armed forces under conditions other
      than honorable.
    (8) Is or has been adjudicated guilty of or received a prayer for judgment
      continued or suspended sentence for one or more crimes of violence
      constituting a misdemeanor, including but not limited to, a violation of a
      misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a
      violation of a misdemeanor under G.S. 14-225.2, 14-226.1, 14-258.1, 14-
      269.2, 14-269.3, 14-269.4, 14-269.6, 14-276.1, 14-277, 14-277.1, 14-277.2,
      14-277.3, 14-281.1, 14-283, 14-288.2, 14-288.4(a)(1) or (2), 14-288.6, 14-
      288.9, 14-288.12, 14-288.13, 14-288.14, 14-318.2, or 14-415.21(b).
    (9) Has had entry of a prayer for judgment continued for a criminal offense
      which would disqualify the person from obtaining a concealed handgun
      permit.
    (10) Is free on bond or personal recognizance pending trial, appeal, or
      sentencing for a crime which would disqualify him from obtaining a
      concealed handgun permit.
    (11) Has been convicted of an impaired driving offense under G.S. 20-138.1,
      20-138.2, or 20-138.3 within three years prior to the date on which the
      application is submitted.
(1995, c. 398, s. 1; c. 509, s. 135.3(d).)

s 14-415.13 Application for a permit; fingerprints.

   (a) A person shall apply to the sheriff of the county in which the person
resides to obtain a concealed handgun permit. The applicant shall submit to the
sheriff all of the following:
    (1) An application, completed under oath, on a form provided by the sheriff.
    (2) A nonrefundable permit fee.
    (3) A full set of fingerprints of the applicant administered by the sheriff.
    (4) An original certificate of completion of an approved course, adopted and
      distributed by the North Carolina Criminal Justice Education and Training
      Standards Commission, signed by the certified instructor of the course
      attesting to the successful completion of the course by the applicant
      which shall verify that the applicant is competent with a handgun and
      knowledgeable about the laws governing the carrying of a concealed handgun
      and the use of deadly force.
    (5) A release, in a form to be prescribed by the Administrative Office of
      the Courts, that authorizes and requires disclosure to the sheriff of any
      records concerning the mental health or capacity of the applicant.
   (b) The sheriff shall submit the fingerprints to the State Bureau of
Investigation for a records check of State and national databases. The State
Bureau of Investigation shall submit the fingerprints to the Federal Bureau of
Investigation as necessary. The cost of processing the set of fingerprints
shall be charged to an applicant as provided by G.S. 14-415.19.
(1995, c. 398, s. 1; c. 507, ss. 22.2(a), 22.1(b).)

s 14-415.14 Application form to be provided by sheriff; information to be
included in application form.

   (a) The sheriff shall make permit applications readily available at the
office of the sheriff or at other public offices in the sheriff's jurisdiction.
The permit application shall be in triplicate, in a form to be prescribed by
the Administrative Office of the Courts, and shall include the following
information with regard to the applicant: name, address, physical description,
signature, date of birth, social security number, military status, and the
drivers license number or State identification card number of the applicant if
used for identification in applying for the permit.
   (b) The permit application shall also contain a warning substantially as
follows:
   "CAUTION: Federal law and State law on the possession of handguns and
firearms differ. If you are prohibited by federal law from possessing a handgun
or a firearm, you may be prosecuted in federal court. A State permit is not a
defense to a federal prosecution."
(1995, c. 398, s. 1.) G. S. s 14-415.14   NC ST s 14-415.14

s 14-415.15 Issuance or denial of permit.

   (a) Except as permitted under subsection (b) of this section, within 90 days
after receipt of the items listed in G.S. 14-415.13 from an applicant, the
sheriff shall either issue or deny the permit. The sheriff may conduct any
investigation necessary to determine the qualification or competency of the
person applying for the permit, including record checks.
   (b) Upon presentment to the sheriff of the items required under G.S. 14-
415.13(a)(1), (2), and (3), the sheriff may issue a temporary permit for a
period not to exceed 90 days to a person who the sheriff reasonably believes is
in an emergency situation that may constitute a risk of safety to the person,
the person's family or property. The temporary permit may not be renewed and
may be revoked by the sheriff without a hearing.
   (c) A person's application for a permit shall be denied only if the applicant
fails to qualify under the criteria listed in this Article. If the sheriff
denies the application for a permit, the sheriff shall, within 90 days, notify
the applicant in writing, stating the grounds for denial. An applicant may
appeal the denial, revocation, or nonrenewal of a permit by petitioning a
district court judge of the district in which the application was filed. The
determination by the court, on appeal, shall be upon the facts, the law, and
the reasonableness of the sheriff's refusal. The determination by the court
shall be final.
(1995, c. 398, s. 1.) G. S. s 14-415.15   NC ST s 14-415.15

s 14-415.18 Revocation or suspension of permit.

   (a) The sheriff of the county where the permit was issued or the sheriff of
the county where the person resides may revoke a permit subsequent to a hearing
for any of the following reasons:
    (1) Fraud or intentional or material misrepresentation in the obtaining of a
      permit.
    (2) Misuse of a permit, including lending or giving a permit to another
      person, duplicating a permit, or using a permit with the intent to
      unlawfully cause harm to a person or property.
    (3) The doing of an act or existence of a condition which would have been
      grounds for the denial of the permit by the sheriff.
    (4) The violation of any of the terms of this Article.
    (5) The applicant is adjudicated guilty of or receives a prayer for judgment
      continued for a crime which would have disqualified the applicant from
      initially receiving a permit.
   A permittee may appeal the revocation, or nonrenewal of a permit by
petitioning a district court judge of the district in which the applicant
resides. The determination by the court, on appeal, shall be upon the facts,
the law, and the reasonableness of the sheriff's refusal.
   (b) The court may suspend a permit as part of and for the duration of any
orders permitted under Chapter 50B of the General Statutes.

(1995, c. 398, s. 1.) G. S. s 14-415.18 NC ST s 14-415.18