GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 366
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Short Title: Reenact & Expand Pistol Purchase Permit. |
(Public) |
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Sponsors: |
Representatives von Haefen, Majeed, Logan, and Clark (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site. |
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Referred to: |
Rules, Calendar, and Operations of the House |
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March 12, 2025
A BILL TO BE ENTITLED
AN ACT TO reenact the pistol purchase permit law and also REQUIRE A PERMIT FOR THE PURCHASE OF A LONG GUN.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑402, as it existed immediately before its repeal, is reenacted and reads as rewritten:
"§ 14‑402. Sale of certain weapons without permit forbidden.
(a) It is 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 pistol pistol or long gun unless:
(i) a license or permit is first obtained under this Article by the purchaser
or receiver from the sheriff of the county in which the purchaser or receiver
resides; or (ii) a valid North Carolina concealed handgun permit is held under
Article 54B of this Chapter by the purchaser or receiver who must be a resident
of the State at the time of the purchase.
It is 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 pistol pistol or
long gun 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. Any person
violating the provisions of this section is guilty of a Class 2 misdemeanor.
(b) This section does not apply to an antique firearm or an historic edged weapon.
(c) The following definitions apply in this Article:
(1) Antique firearm. – Defined in G.S. 14‑409.11.
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(4) Historic edged weapon. – Defined in G.S. 14‑409.12.
(4a) Long gun. – A shotgun or rifle that is not considered an antique firearm, as that term is defined under this section."
SECTION 2. G.S. 14‑403, as it existed immediately before its repeal, is reenacted and reads as rewritten:
"§ 14‑403. Permit issued by sheriff; form of permit; expiration of permit.
The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation in any county a permit to purchase or receive any weapon mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the weapon. The permit shall expire five years from the date of issuance. The permit shall be a standard form created by the State Bureau of Investigation in consultation with the North Carolina Sheriffs' Association, shall be of a uniform size and material, and shall be designed with security features intended to minimize the ability to counterfeit or replicate the permit and shall be set forth as follows:
North Carolina,
________ County.
I, ________, Sheriff of said
County, do hereby certify that I have conducted a criminal background check of
the applicant, ________ whose place of residence is ________ in ________ (or)
in ________ Township, ________ County, North Carolina, and have received no
information to indicate that it would be a violation of State or federal law
for the applicant to purchase, transfer, receive, or possess a handgun. handgun
or a long gun. The applicant has further satisfied me as to his, her (or)
their good moral character. Therefore, a permit is issued to ________ to
purchase one pistol pistol or one long gun from any person, firm
or corporation authorized to dispose of the same.
This permit expires five years from its date of issuance.
This __ day of ______, ____.
Sheriff.
The standard permit created by this section shall be used statewide by the sheriffs of any and all counties and, when issued by a sheriff, shall also contain an embossed seal unique to the office of the issuing sheriff."
SECTION 3. G.S. 14‑315(b1)(1), 14‑404, 14‑405, 14‑407.1, and 122C‑54(d2), as they existed immediately before their repeal, are reenacted.
SECTION 4. G.S. 14‑404(c)(1), as reenacted in Section 3 of this act, reads as rewritten:
"(1) One 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). However,
a person who has been convicted of a felony in a court of any state or in a
court of the United States and (i) who is later pardoned, or (ii) whose
firearms rights have been restored pursuant to G.S. 14‑415.4, may
obtain a permit, if the purchase or receipt of a pistol pistol or
long gun permitted in this Article does not violate a condition of the pardon
or restoration of firearms rights."
SECTION 5. This act becomes effective December 1, 2025, and applies to the sale, giving away, transfer, purchase, or receiving of a pistol or a long gun on or after that date.