steps to buy a gun in north carolina
Gun laws in North Carolina To acquire a handgun in North Carolina (including private sales, gifts, and inheritance) an individual must go to the county sheriff's office in the county in which they reside and obtain a pistol purchase permit. This is not required if one has a CHP (Concealed Handgun Permit).[18] State law requires the applicant to appear in person with government ID, pay a $5 fee, undergo a background check similar in scope and scrutiny to NICS, and have a reason for owning a pistol (hunting, target shooting, self defense, or collecting). Because there are 100 different counties in North Carolina, there are different sets of rules and requirements for obtaining such a permit, which can be determined arbitrarily by the local sheriff. Some sheriffs impose other restrictions such as a limit on the number of permits applied for at a time, waiting periods, and/or proof of good moral character (a witness or references, in some cases notarized with affidavits).[19][20][21][22][23] The Pistol Purchase requirements are a holdover from Jim Crow laws that were designed to prevent African-Americans and other minorities from easily obtaining handguns.[24]
Gun laws in North Carolina Open carry is also legal throughout North Carolina.[29] In the town of Chapel Hill, open carry is restricted to guns of a certain minimum size, under the theory that small, concealable handguns are more often associated with criminal activity. No permit is required to carry a handgun openly in North Carolina. In the court case of State v. Kerner(1921) the defendant ended up getting into some type of confrontation with another man. The defendant proceeded to walk back to his place of work, get his gun, and then return to the scene to fight. The defendant ended up being charged with "carrying a concealed weapon" and "carrying his pistol off his premises unconcealed,"[30] which violated a local act applicable to Forsyth County and ended up being a misdemeanor. The defendant was taken to trial and the trial judge then dismissed the charge as unconstitutional. The state then appealed, and the supreme court affirmed. During court, the court stated at the beginning that the Second Amendment did not apply, because "the first ten amendments to the United States Constitution are restrictions on the federal authority and not the states." Therefore, with that being said, it focused more on the state constitution. The state constitution states that: "A well regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed." The court viewed the provision as protecting the right to carry arms in public. Forsyth County's local act was condemned and seen as distasteful, because it ended up putting a restriction on a persons right to carry a pistol, more so an unconcealed pistol. Although, the case of State v. Kerner helped/made more clear the allowance of openly carrying a pistol, it does not preclude all regulations regarding the carrying of firearms.[31]
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Gun laws in South Carolina South Carolina law also now supports a "stand your ground" philosophy under the "Protection of Persons and Property Act" SECTION 16-11-440(C) with the following language. The act was apparently ruled non-retroactive in State v. Dickey.[7]