Verified Firearm Specifications

NY1033 — mental health : committed to mh facility

Citation: McKinney's Penal Law § 265.00

Certified not suitable to possess a self-defense spray device, a rifle or shotgun” means that the director or physician in charge of any hospital or institution for mental illness, public or private, has certified to the superintendent of state police or to any organized police department of a county, city, town or village of this state, that a person...who has been confined to such institution for mental illness...

NY1024 — required

Citation: N.Y. Penal Law § 400.00(12)

Records required of gunsmiths and dealers in firearms. Any person licensed as gunsmith or dealer in firearms shall keep a record book approved as to form, except in the city of New York, by the superintendent of state police.

NY1064 — lost and stolen firearms

Citation: McKinney's Penal Law § 400.10.1.(a)

Any owner or other person lawfully in possession of: (i) a firearm, rifle or, shotgun who suffers the loss or theft of said weapon; (ii) ammunition as well as a firearm, rifle or shotgun who suffers the loss or theft of such ammunition as well as a firearm, rifle or shotgun; or (iii) ammunition and is a dealer in firearms or seller of ammunition who suffers the loss or theft of such ammunition shall within...

NY1066 — tracing firearms used in crimes

Citation: N.Y. Exec. Law § 230(5)

In any case where a state or local law enforcement agency investigates the commission of a crime in this state and a specific gun is known to have been used in such crime, such agency shall submit a request to the national tracing center of the United States Department of Treasury, bureau of alcohol, tobacco and firearms to trace the movement of such gun and such federal agency shall be requested to provide the...

NY1068 — prohibited

Citation: N.Y. Penal Law § 265.50(A)(1)

A person is guilty of criminal manufacture, sale, or transport of an undetectable firearm, rifle or shotgun when he or she knowingly manufactures, causes to be manufactured, sells, exchanges, gives, disposes of, transports, ships, or possesses with the intent to sell: 1.

NY1022 — Waiting Periods: De facto (permit required)

Citation: N.Y. Penal Law § 400.00(2),(10)

(b) All licensees shall be recertified to the division of state police every five years thereafter. Any license issued before the effective date of the chapter of the laws of two thousand thirteen which added this paragraph shall be recertified by the licensee on or before January thirty-first, two thousand eighteen, and not less than one year prior to such date, the state police shall send a notice to all license...

NY1026 — Waiting Periods: De facto (permit required)

Citation: N.Y. Penal Law § 400.00(2),(10)

2. Types of licenses. A license for gunsmith or dealer in firearms shall be issued to engage in such business. A license for a pistol or revolver, other than an assault weapon or a disguised gun, shall be issued to (a) have and possess in his dwelling by a householder; (b) have and possess in his place of business by a merchant or storekeeper; (c) have and carry concealed while so employed by a messenger employed by...

NC1057 — sales from dealer

Citation: S.L. 2023-8, § 2(a)

NC1058 — permit to purchase

Citation: N.C. S.L. 2023-8, § 2(a)

PART II. REPEAL PISTOL PURCHASE PERMITS SECTION 2.(a) G.S. 14-402 through G.S. 14-405 and G.S. 14-407.1 are repealed.

NC1059 — private sales : point of sale

Citation: N.C. S.L. 2023-8, § 2(a)

NC1042 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)(1)

Beginning on the date that is 30 days after the Attorney General notifies licensees under section 103(d) of the Brady Handgun Violence Prevention Act that the national instant criminal background check system is established, a licensed importer, licensed manufacturer, or licensed dealer shall not transfer a firearm to any other person who is not licensed under this chapter, unless- (A) before the completion of the...

NC1003 — sales from dealer

Citation: N.C. Gen. Stat. § 14-404(a)

(a) Upon application, and such application must be provided by the sheriff electronically, the sheriff shall issue the 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 has done all of the following: (1) Verified, before the issuance of a permit, by a criminal history background investigation that it...

NC1041 — sales from dealer : federal

Citation: 18 U.S.C.A. § 922(t)

Beginning on the date that is 90 days after the date of enactment of this subsection and ending on the day before the date that is 60 months after such date of enactment, it shall be unlawful for any licensed importer, licensed manufacturer, or licensed dealer to sell, deliver, or transfer a handgun to an individual who is not licensed under section 923, unless- (A) after the most recent proposal of such transfer by...

NC1046 — private sales : point of sale

Citation: N.C. Gen. Stat. § 14-404

(a) Upon application, and such application must be provided by the sheriff electronically, the sheriff shall issue the 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 has done all of the following: (1) Verified, before the issuance of a permit, by a criminal history background investigation that it...

NC1001 — permit to purchase

Citation: N.C. Gen. Stat. § 14-402(a)

(a) Upon application, and such application must be provided by the sheriff electronically, the sheriff shall issue the 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 has done all of the following: (1) Verified, before the issuance of a permit, by a criminal history background investigation that it...

NC1006 — shall issue

Citation: N.C. Gen. Stat. § 14-415.10 et seq

§ 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 or has been lawfully admitted for permanent residence as defined in 8 U.S.C.

NC1005 — prohibited

Citation: N.C. Gen. Stat. § 14-269

(a) It shall be unlawful for any person, except when on his own premises, willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, pistol, gun or other deadly weapon of like kind. This section does not apply to an ordinary pocket knife carried in a closed position.

NC1008 — stand your ground

Citation: N.C. Gen. Stat. Ann. § 14-51.3

A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that the conduct is necessary to defend himself or herself or another against the other's imminent use of unlawful force.

NC1007 — traditional

Common law castle doctrine. Common law castle doctrine was solidified in the United States throughout the 19th century. “By the beginning of the twentieth century it was well accepted in the United States that a man attacked in his own home had no duty to retreat before using deadly force, so long as he reasonably believed it necessary to save his own life.” Indeed, by the 1920s, sources note that the castle...

NC1010 — negligent storage

Citation: N.C. Gen. Stat. § 14-315.1 (1993)

(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a misdemeanor if a minor gains access to the firearm without the lawful permission of the...

NC1012 — state license requirement

Citation: N.C. Gen. Stat. Ann. § 105-80

Repealed by Session Laws 1996, Second Extra Session, c. 14, s. 17.

NC1029 — state license requirement

Citation: N.C. Gen. Stat. Ann. § 105-80

Repealed by Session Laws 1996, Second Extra Session, c. 14, s. 17.

NC1011 — state license requirement

Citation: N.C. Gen. Stat. Ann. § 105-80

Every person, firm, or corporation who is engaged in the business of selling or offerign for sale firearms….shall obtain a license from the Secretary of Revenue r the privilege of conducting such business, and shall pay a tax of fifty dollars ($50.00) for that license.

NC1028 — state license requirement

Citation: N.C. Gen. Stat. Ann. § 105-80

Every person, firm, or corporation who is engaged in the business of keeping in stock, selling, and/or offering for sale any of the articles or commodities enumerated in this section, shall apply for and obtain a State license from the Commissioner of Revenue for the privilege of conducting such business, and shall pay for such license the following tax: For pistols...$ 50.00.

NC1060 — authorized

Citation: N.C. Gen. Stat. §§ 50B-3.1(a)(d)

(a) Required Surrender of Firearms.--Upon issuance of an emergency or ex parte order pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant if the court finds any of the following factors: (1)...

NC1061 — assault weapons ban - Federal

Citation: Pub. L. 103-322 Sec. 110102

This subtitle may be cited as the “Public Safety and Recreational Firearms Use Protection Act”. SEC. 110102. RESTRICTION ON MANUFACTURE, TRANSFER, AND POSSESSION OF CERTAIN SEMIAUTOMATIC ASSAULT WEAPONS.

NC1063 — ban on high capacity magazines - federal

Citation: Pub. L. 103-322 Sec. 110103

SEC. 110103. BAN OF LARGE CAPACITY AMMUNITION FEEDING DEVICES. << 18 USCA § 922 >> (a) PROHIBITION.-Section 922 of title 18, United States Code, as amended by section 110102(a), is amended by adding at the end the following new subsection: “(w)(1) Except as provided in paragraph (2), it shall be unlawful for a person to transfer or possess a large capacity ammunition feeding device.

NC1048 — public and private : CCW not allowed

Citation: N.C.G.S.A. § 14-269.2(j)

The provisions of this section shall not apply to an employee of a public or nonpublic school who resides on the campus of the school at which the person is employed when all of the following criteria are met: The handgun is possessed in one of the following manners as appropriate: a.

NC1049 — public and private : possession prohibited

Citation: N.C. Gen. Stat. § 14-269.2

(a)(1b) School.--A public or private school, community college, college, or university. (b) It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school.

NC1050 — public and private : possession prohibited

Citation: N.C. Gen. Stat. § 14-269.2

(a)(1b) School.--A public or private school, community college, college, or university. (b) It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school.

NC1064 — comprehensive - punitive

Citation: N.C. Gen. Stat. 14-415.23 (b)(e); 14-409.40

(b) A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government.

NC1052 — comprehensive

Citation: N.C.G.S.A. § 14-409.40

(a) It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.

NC1065 — minimum age purchase - federal

Citation: 18 U.S.C. § 922(b)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NC1066 — minimum age purchase - federal

Citation: 31 U.S.C. § 922(x)(1),(5)

(x)(1) It shall be unlawful for a person to sell, deliver, or otherwise transfer to a person who the transferor knows or has reasonable cause to believe is a juvenile-- (A) a handgun; or (B) ammunition that is suitable for use only in a handgun. (5) For purposes of this subsection, the term “juvenile” means a person who is less than 18 years of age.

NC1067 — minimum age possession - federal

Citation: 43 U.S.C. § 922(b)(1)(c)(1)

(b) It shall be unlawful for any licensed importer, licensed manufacturer, licensed dealer, or licensed collector to sell or deliver-- (1) any firearm or ammunition to any individual who the licensee knows or has reasonable cause to believe is less than eighteen years of age, and, if the firearm, or ammunition is other than a shotgun or rifle, or ammunition for a shotgun or rifle, to any individual who the licensee...

NC1014 — youth possession

Citation: N.C. Gen. Stat. § 14-269.7

(a) Any minor who willfully and intentionally possesses or carries a handgun is guilty of a Class 1 misdemeanor. (b) This section does not apply: (1) To officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.