GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

H	2

HOUSE BILL 143
Committee Substitute Favorable 3/2/94

Short Title:  Handguns/Permits/Minors.	(Public)
─────────────────────────────────────── 
Sponsors:
─────────────────────────────────────── 
Referred to:  Judiciary III.
─────────────────────────────────────── 

February 14, 1994

A BILL TO BE ENTITLED
AN ACT TO PROHIBIT THE ISSUANCE OF A HANDGUN PERMIT TO A MINOR, TO REQUIRE THE SHERIFF TO VERIFY THAT AN APPLICANT FOR A PERMIT 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 ANY PERSON TO TRANSFER A HANDGUN TO A MINOR, TO REQUIRE GUN DEALERS TO KEEP RECORDS OF PERMITS OF PERSONS TO WHOM THEY TRANSFER HANDGUNS, AND TO PROVIDE THAT PERMITS SHALL BE ISSUED BY SHERIFFS IN ALL COUNTIES.
The General Assembly of North Carolina enacts:
Section 1.  Article 52A of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 52A.
"Sale of Weapons.
"§ 14-402.  Sale of certain weapons without permit forbidden.
(a)	Sale Without Permit Unlawful. – It is unlawful for a person, by sale, gift, or another means, to transfer, from any place within or without the State a handgun or crossbow to a person who does not have a permit for the weapon, and it is unlawful for a person who does not have a permit for the weapon to receive a handgun or a crossbow. A permit for a handgun or crossbow is issuable by the sheriff of the person's county of residence. 
It is unlawful for a person to receive from any common carrier in this State any handgun or crossbow without at the time of the delivery exhibiting to the person delivering the weapon the permit from the sheriff as provided in G.S. 14-403.  
(b)	Exemptions. – This section does not apply to the following:
(1)	An antique firearm or an historic edged weapon.
(2)	A law enforcement officer authorized by law to carry a handgun or crossbow, if the officer provides the transferor proof that the officer is a law enforcement officer and states that the purpose of acquiring the handgun or crossbow is directly related to the officer's official duties.
(c)	
				Recodified as G.S. 14-402.1.
(d)	Penalties. – A dealer who transfers a handgun to a person who does not have a permit is guilty of a Class I felony.  A person who otherwise violates this section is guilty of a Class 2 misdemeanor.  A person who transfers a handgun to a minor, regardless whether the minor has a permit, is guilty of a Class I felony as provided in G.S. 14-315(a1).  A person who transfers a weapon listed in G.S. 14-315(a) to a minor, regardless whether the minor has a permit, is guilty of a Class 1 misdemeanor as provided in G.S. 14-315(a).
"§ 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 that is incorporated into a stock or handle.  When operated, the crossbow discharges a projectile known as a bolt.
(3a)	Dealer. – Any of the following:
a.	A person required to be licensed as a gun dealer under 18 U.S.C. § 923.
b.	A person required to be licensed as a gun dealer under G.S. 105-80.
c.	A person engaged in the business of dealing in handguns or crossbows.  A person is engaged in the business of dealing in handguns or crossbows for the purpose of this Article if, during the most recent 12-month period, the person has sold more than twenty handguns, crossbows, or both.
(3b)	Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
(4)	Historic edged weapon. – Defined in G.S. 14-409.12.
(5)	Machine gun. – A weapon that shoots, is designed to shoot, or can be readily restored to shoot, automatically, more than one shot, without manual reloading, by a single function of the trigger.  The term also includes the frame or receiver of such a weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if the parts are in the possession or under the control of a person.  The term 'machine gun' is synonymous with the term 'submachine gun.'
(6)	Minor. – A person under 18 years of age.
(7)	Person. – An individual, a fiduciary, a firm, an association, a partnership, a limited liability company, a corporation, a unit of government, or another group acting as a unit.
"§ 14-403.  Form of permit.
A permit for a handgun or a crossbow shall be in the following form:

North Carolina,
...............County,
I, ..........., Sheriff of this County, certify that I am satisfied of the good moral character of ................, who resides in...........................Township or County, North Carolina.  A permit is issued to ............... to receive one handgun or crossbow from any person authorized to transfer the handgun or crossbow.
This........day of.........19.......
.....................................
                                            	Sheriff.
"§ 14-404.  
	Application for permit; issuance or refusal of permit; appeal from refusal; ground for refusal; fees.
(a)	Application. – A person shall apply to the sheriff of the county in which the person resides for a handgun or crossbow permit.  The application shall be on a form provided by the sheriff's office and shall include any information required by the sheriff to determine whether a permit should be issued to the applicant as provided in this section.
(b)	Processing of Application. – Upon receipt of an application, the sheriff shall conduct an investigation of the applicant using any reasonable means deemed necessary by the sheriff to determine the applicant's (i) moral character, (ii) federal, State, or local criminal record, if any, (iii) age, and (iv) purpose for wanting to possess a handgun or crossbow and to determine whether the applicant is ineligible for a permit pursuant to subsection (d) of this section.
(c)	Purposes for Which Permit May Be Issued. – A permit may be issued under this Article only for the following purposes:
(1)	The protection of the applicant's home, business, person, family, or property.
(2)	Target shooting.
(3)	Collecting.
(4)	Hunting.
(d)	Persons to Whom Permit Shall Not Be Issued. – A permit shall not be issued under this Article to any of 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, unless the person is not prohibited from purchasing a handgun under the Felony Firearms Act, Article 54A of this Chapter.
(2)	A fugitive from justice.
(3)	A person who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug, as defined in G.S. 90-87.
(4)	A person who has been adjudicated incompetent on the grounds of mental illness or has been committed involuntarily to any mental institution.
(5)	A minor.
(6)	A person prohibited from possessing a handgun pursuant to G.S. 14-415.3 because the person was acquitted of a specified crime by reason of insanity or was determined to lack capacity to proceed.
(e)	Issuance or Refusal of Permit. – The sheriff shall notify the applicant within 30 days after the date of the application whether the permit will be granted or refused.  If the sheriff is satisfied that the applicant qualifies for a permit, the sheriff shall notify the applicant as provided by this section and shall issue the permit immediately upon receipt of a permit fee of five dollars ($5.00).  If the sheriff is not satisfied that the applicant qualifies for a permit, the sheriff may, for good cause shown, refuse to issue the permit.  The sheriff shall notify the applicant in writing within seven days after the refusal that the application for the permit is refused and shall state the reasons for the refusal.
(f)	Appeal From Refusal of Permit. – If a person is refused a permit under this section, the person may petition the chief judge of the district court for the district in which the permit 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.
"§ 14-405.  Record of permits kept by sheriff.
The sheriff shall keep a record of all permits issued under this Article. The records must include the name, date, place of residence, age, and former place of residence of each person to whom a permit is issued. 
"§ 14-406.  Dealer to keep record of sales.
Every dealer shall keep an accurate record of all sales of handguns and crossbows. The records must include the name, place of residence, and date of sale of each person to whom a sale is made, and must include a copy or other record of the permit produced by the person. This record shall be open to the inspection of any officer who has territorial jurisdiction.
"§ 14-407.1.  Sale of blank cartridge handguns.
The provisions of G.S. 14-402 and 14-405 to 14-406 shall apply to the sale of handguns suitable for firing blank cartridges.  The clerks of the superior courts of all the counties of this State may in their discretion issue to any person in the county a permit to purchase or receive any handgun suitable for firing blank cartridges from any person offering to transfer the handgun.  The permit shall be in substantially the following form:
North Carolina
............. County
I, ..............., Clerk of the Superior Court of this county, certify that .................., whose place of residence is............Street in .......... (or)	in ............... Township in ......... County, North Carolina, has this day satisfied me that the possession of a handgun suitable for firing blank cartridges will be used only for lawful purposes. A permit is therefore given............ to purchase such a handgun from any person authorized to dispose of it, this..............day of ........, 19 .......
                                        ..............................
                                         Clerk of Superior Court
The clerk shall charge a fee of fifty cents (50¢) for issuing this permit."
"§ 14-408.  (Effective January 1, 1995) Violation of § 14-406 * A person who violates G.S. 14-406 is guilty of a Class 2 misdemeanor.
"§ 14-409.  Machine guns.
	" "	It is unlawful for a person to manufacture, sell, give away, dispose of, use, or possess a machine gun.  A person who violates this section is guilty of a Class I felony.
This section does not apply to the following:
(1)	The use of a machine gun by a recognized business establishment that has received from the sheriff of the county in which the business is located a permit to possess the machine gun in order to defend the business. 
(2)	Officers and soldiers of the United States Army, when in discharge of their official duties.
(3)	Officers and soldiers of the militia and the State guard when called into actual service.
(4)	Officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties.
(5)	The manufacture, use, or possession of a machine gun for scientific or experimental purposes when the manufacture, use, or possession is lawful under federal law, the weapon is registered with a federal agency, and a permit to manufacture, use, or possess the weapon has been issued by the sheriff of the county in which the weapon is located.  
(6)	Possession by the owner of a machine gun used in a former war if the owner owned the gun as a relic or souvenir as of April 11, 1933, and has reported the ownership of the gun to the sheriff of the county in which the owner lives.
"
Sec. 2.  G.S. 14-269.7(c) reads as rewritten:
"(c)	The following definitions apply in this section:
(1)	Handgun. –A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.
(2)	Minor. – Any person under 18 years of age."
Sec. 3.  Article 53 of Chapter 14 of the General Statutes is repealed.
Sec. 4.  G.S. 14-315 reads as rewritten:
"§ 14-315.  (Effective January 1, 1995) Selling or giving weapons to minors.
(a)	Sale of Weapons other than Handguns. – If a person sells, offers for sale, gives, or in any way disposes of to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is 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 Handguns. – If a 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, the person is guilty of a Class I felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
(b)	Defense if Defendant Not Gun Dealer. – 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 the minor's 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.
(c)	Defense if Defendant is Gun Dealer. – It shall be a defense to a violation of this section if the person is a dealer as defined in G.S. 14-402.1 and all of the following conditions are met:
(1)	The dealer shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14-402 for transfer of the weapon to an adult.
(2)	The dealer reasonably believed that the minor was not a minor.
(3)	The dealer either:
a.	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 the minor's 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
b.	Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age."
Sec. 5.  This act becomes effective January 1, 1995, and applies to offenses committed on or after that date.