GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	1 

HOUSE BILL 143

Short Title:  Handguns/Permits/Minors.	(Public)
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Sponsors: Representatives B. Miller, Easterling; and Alexander.
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Referred to:  Judiciary III.
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February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE ISSUANCE OF A HANDGUN PERMIT TO A MINOR, TO REQUIRE THE ISSUER OF A HANDGUN PERMIT TO VERIFY THAT THE APPLICANT IS NOT A MINOR, TO MAKE IT A FELONY FOR A GUN DEALER TO TRANSFER A HANDGUN WITHOUT A PERMIT, TO MAKE IT A FELONY FOR A PERSON TO TRANSFER A HANDGUN TO A MINOR WITHOUT A PERMIT, AND TO REQUIRE GUN DEALERS TO KEEP RECORDS OF PERMITS OF PERSONS TO WHOM THEY SELL HANDGUNS.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-402(c) is recodified as G.S. 14-402.1 and reads as rewritten:
"§ 14-402.1.  Definitions.
The following definitions apply in this Article:
(1)	Antique firearm. – Defined in G.S. 14-409.11.
(2)	Bolt. – A projectile made to be discharged from a crossbow.  The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.
(3)	Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand-held stock.  This device is mechanically held at full or partial draw and released by a trigger or similar mechanism which is incorporated into a stock or handle.  When operated, the crossbow discharges a projectile known as a bolt.
(3a)	Dealer. – A person required to be licensed as a gun dealer under 18 U.S.C. § 923, G.S. 105-80, or both.
(3b)	Handgun. – Any dangerous firearm, including a pistol or revolver, designed to be fired by the use of a single hand.
(4)	Historic edged weapon. – Defined in G.S. 14-409.12."
Sec. 2.  G.S. 14-402, as amended by Section 1 of this act, reads as rewritten:
"§ 14-402.  Sale of certain weapons without permit forbidden.
(a)	It shall be unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any handgun or crossbow unless a license or permit therefor has first been obtained by the purchaser or receiver from the sheriff of the county in which that purchaser or receiver resides.
It shall be unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any handgun or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14-403.  Except as provided in subsection (d), any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor. 
(b)	This section does not apply to an antique firearm or an historic edged weapon.
(c)	Recodified as G.S. 14-402.1.
(d)	A dealer who sells or otherwise transfers a handgun to a person who does not have a permit is guilty of a Class I felony."
Sec. 3.  G.S. 14-404 reads as rewritten:
"§ 14-404.  Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.
Upon application, the sheriff shall issue such license or permit to a resident of that county unless the purpose of the permit is for collecting, in which case a sheriff can issue a permit to a nonresident when the sheriff shall have fully satisfied himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation desires the possession of the weapon mentioned for (i)	the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.   If the sheriff is not so fully satisfied, the sheriff may, for good cause shown, decline to issue the license or permit and shall provide to the applicant within seven days of the refusal a written statement of the reason(s) for the refusal.  Before issuing a permit under this section, the sheriff shall verify that the applicant is not a minor.
An appeal from a refusal shall lie by way of petition to the chief judge of the district court for 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, and shall be final.
A permit may not be issued to the following 	persons:
(1)	A person who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade), except that if a person has been convicted and later pardoned or is not prohibited from purchasing a firearm under the Felony Firearms Act (Article 54A of this Chapter), the person may obtain a permit.
(2)	A fugitive from justice.
(3)	An unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. section 802).
(4)	A person who has been adjudicated incompetent on the ground of mental illness or has been committed to any mental institution.
(5)	A minor.
Provided, that nothing in this Article shall apply to officers authorized by law to carry firearms if such officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and state that the purpose for the purchase of the firearms is directly related to the law officers' official duties. The sheriff shall charge for his services upon issuing such license or permit a fee of five dollars ($5.00). Each applicant for any such license or permit shall be informed by the sheriff within 30 days of the date of the application whether the license or permit will be granted or denied and, if granted, the license or permit shall be immediately issued to the applicant."
Sec. 4.  G.S. 14-406 reads as rewritten:
"§ 14-406.  Dealer to keep record of sales.
Every dealer in handguns and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, and including a copy or other record of the permit produced by the person, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State."
Sec. 5.  G.S. 14-409.1(c) is recodified as G.S. 14-409.1A and reads as rewritten:
"§ 14-409.1A.  Definitions.
The following definitions apply in this Article:
(1)	Antique firearm. – Defined in G.S. 14-409.11.
(2)	Bolt. – A projectile made to be discharged from a crossbow.  The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.
(3)	Crossbow. – A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand-held stock.  This device is mechanically held at full or partial draw and released by a trigger or similar mechanism which is incorporated into a stock or handle.  When operated, the crossbow discharges a projectile known as a bolt.
(3a)	Dealer. – A person required to be licensed as a gun dealer under 18 U.S.C. § 923, G.S. 105-80, or both.
(3b)	Handgun. – Any dangerous firearm, including a pistol or revolver, designed to be fired by the use of a single hand.
(4)	Historic edged weapon. – Defined in G.S. 14-409.12."
Sec. 6.  G.S. 14-409.1, as amended by Section 5 of this act, reads as rewritten:
"§ 14-409.1.  Sale of certain weapons without permit forbidden.
(a)	It shall be unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any handgun or crossbow unless a license or permit therefor has first been obtained by the purchaser or receiver from the clerk of the superior court of the county in which that purchaser or receiver resides.
It shall be unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any handgun without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same, the permit from the clerk of superior court as provided in G.S. 14-409.2.  Except as provided in subsection (d), any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(b)	This section does not apply to an antique firearm or an historic edged weapon.
(c)	Recodified as G.S. 14-409.1A.
(d)	A dealer who sells or otherwise transfers a handgun to a person who does not have a permit is guilty of a Class I felony."
Sec. 7.  G.S. 14-409.3 reads as rewritten:
"§ 14-409.3.  Issuance or refusal of permit; appeal from refusal; grounds for refusal; clerk's fee.
Upon application, the clerk of the superior court shall issue such license or permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a clerk can issue a permit to a nonresident, when the clerk shall have fully satisfied himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation desires the possession of the weapon mentioned for (i)	the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.  If the clerk of the superior court is not so fully satisfied, the clerk may, for good cause shown, decline to issue the license or permit and shall provide to the applicant within seven days of the refusal a written statement of the reason(s) for the refusal.  Before issuing a permit under this section, the clerk shall verify that the applicant is not a minor.
An appeal from a refusal shall lie by way of petition to the chief judge of the district court for 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 clerk of the superior court's refusal, and shall be final.
A permit may not be issued to the following 	persons:
(1)	A person who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade), except that if a person has been convicted and later pardoned or is not prohibited from purchasing a firearm under the Felony Firearms Act (Article 54A of this Chapter), the person may obtain a permit.
(2)	A fugitive from justice.
(3)	An unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. section 802).
(4)	A person who has been adjudicated incompetent on the ground of mental illness or has been committed to any mental institution. 
(5)	A minor.
Provided, that nothing in this Article shall apply to officers authorized by law to carry firearms if such officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and state that the purpose for the purchase of the firearms is directly related to the law officers' official duties. The clerk of the superior court shall charge for his services upon issuing such license or permit a fee of five dollars ($5.00). Each applicant for any such license or permit shall be informed by the clerk of the superior court within 30 days of the date of the application whether the license or permit will be granted or denied and, if granted, the license or permit shall be immediately issued to the applicant."
Sec. 8.  G.S. 14-409.5 reads as rewritten:
"§ 14-409.5.  Dealer to keep record of sales.
Every dealer in handguns and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, and including a copy or other record of the permit produced by the person, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State."
Sec. 9.  G.S. 14-315 reads as rewritten:
"§ 14-315.  (Effective January 1, 1995) Selling or giving weapons to minors.
(a)	Sale of Weapons. – If any person sells, offers for sale, gives, or in any way disposes of to a minor any handgun as defined in G.S. 14-269.7, pistol, pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person shall be guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
(a1)	Sale of Handgun Without Permit. – If any person sells, offers for sale, gives, or in any way disposes of, to a minor who does not not have a permit, any handgun as defined in G.S. 14-269.7, the person shall be guilty of a Class I felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
(b)	Defense. – It shall be a defense to a violation of this section if the person is not a dealer as defined in G.S. 14-402.1 and the person:
(1)	Shows that the minor produced a drivers license, a special identification card issued under G.S. 20-37.7, a military identification card, or a passport, showing his age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or
(2)	Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age."
Sec. 10.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.