Verified Firearm Specifications

NC1016 — purchase and sale

Citation: N.C. Gen. Stat. § 14-315(a1)

(a1) Sale of Handguns. -- If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14-269.7, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section.

NC1069 — maximum waiting period

Citation: N.C. Gen. Stat. Ann. §§ 14-404F

NC1024 — maximum waiting period

Citation: N.C. Gen. Stat. Ann. §§ 14-404F

Each applicant for a license or permit shall be informed by the sheriff within 14 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.

NC1013 — maximum waiting period

Citation: N.C. Gen. Stat. Ann. §§ 14-404F

Each applicant for a 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.

NC1068 — required

Citation: N.C. Gen. Stat. § 14-402(a)

(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 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...

NC1033 — dvro : expanded

Citation: N.C. Gen. Stat. § 14-269.8(a), 50B-1(b), 50B-3.1I(a)

14-269.8(a): In accordance with G.S. 50B-3.1, it is unlawful for any person to possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, as defined in G.S.

NC1034 — dvro ex parte : expanded

Citation: N.C. Gen. Stat. § 50B-3.1(b), (c)

§ 50B-3.1. Surrender and disposal of firearms; violations; exemptions. (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...

NC1031 — mental health : adjudicated as mentally incompetent//incapacitated/disabled

Citation: N.C.G.S.A. § 14-404

A permit may not be issued to the following persons: (4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.

NC1032 — mental health : committed to mh facility

Citation: N.C.G.S.A. § 14-404

A permit may not be issued to the following persons: (4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.

NC1070 — Waiting Periods: De facto (permit required)

Citation: N.C. Gen. Stat. Ann. §§ 14-404F

NC1022 — Waiting Periods: De facto (permit required)

Citation: N.C. Gen. Stat. § 14-402(a)

(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 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...

ND1034 — 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...

ND1033 — 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...

ND1027 — shall issue (permit not required)

Citation: N.D. Cent. Code § 62.1-04-01; 62.1-04-02

62.1-04-01. An individual may carry a handgun unless the individual is otherwise prohibited. 62.1-04-02. An individual who is a citizen or legal resident of the United States and is at least twenty-one years of age, may carry any firearm or dangerous weapon concealed unless otherwise prohibited by law.

ND1004 — shall issue

Citation: N.D. Cent. Code § 62.1-04-01 et seq.

62.1-04-03. License to carry a firearm or dangerous weapon concealed -- Class 1 firearm license and class 2 firearm and dangerous weapon license. 1. The director of the bureau of criminal investigation shall issue a license to carry a firearm or dangerous weapon concealed upon review of an application submitted to the director if the following criteria are met: a.

ND1003 — prohibited

Citation: N.D. Code Sec. 62-0301 (1943)

62-0301. Carrying Concealed Weapons or Firearms Prohibited. No person, other than a police officer, shall carry concealed about his person any of the following weapons or firearms unless they are carried in the prosecution of or to effect a lawful and legitimate purpose: 1.

ND1059 — stand your ground

Citation: N.D. Cent. Code § 12.1-05-07(2)(b)(2)

However, the duty to retreat or avoid force does not apply under the following circumstances: … (2) An individual who is not engaged in an unlawful activity that gives rise to the need for the use of deadly force and has not provoked the individual against whom the deadly force is used, unless the circumstances in subdivision b of subsection 2 of section 12.1-05-03 apply, is not required to retreat within or from...

ND1050 — expanded 1

Citation: N.D. Cent. Code § 12.1-05-07(2)(b)(2)

[No law exerpt available. This law expanded no duty to retreat to include in vehicles. ]

ND1005 — expanded 1

Citation: S.L. 1973, Ch. 116, § 5

No person is required to retreat from his dwelling, or place of work, unless he was the original aggressor or is assailed by a person who he knows also dwells or works there.

ND1039 — 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...

ND1051 — authorized

Citation: N.D. Cent. Code §§ 14-07.1-02 (4)(g)

4. Upon a showing of actual or imminent domestic violence, the court may enter a protection order after due notice and full hearing. The relief provided by the court may include any or all of the following: g.

ND1052 — 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.

ND1054 — 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.

ND1048 — straw purchase - buyer liability

Citation: N.D. Cent. Code § 62.1-02-08

A person is guilty of an offense if the person supplies a firearm, ammunition, or explosive material to, or procures or receives a firearm, ammunition, or explosive material for, a person prohibited by this title from receiving it if the transferor knows or has reasonable cause to believe that such person is prohibited by section 62.1-02-01 from receiving or possessing it.

ND1045 — comprehensive

Citation: NDCC, 62.1-01-03

A political subdivision, including home rule cities or counties, may not enact any ordinance relating to the purchase, sale, ownership, possession, transfer of ownership, registration, or licensure of firearms and ammunition which is more restrictive than state law. All such existing ordinances are void.

ND1055 — 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...

ND1056 — minimum age purchase - federal

Citation: 32 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.

ND1057 — 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...

ND1008 — youth possession

Citation: N.D. Cent. Code § 62.1-02-01(d)

d. A person under the age of eighteen years may not possess a handgun except that such a person, while under the direct supervision of an adult, may possess a handgun for the purposes of firearm safety training, target shooting, or hunting.

ND1010 — purchase and sale

Citation: N.D. Cent. Code § 62.1-03-02

Any person who sells, barters, hires, lends, or gives any handgun to any minor is guilty of a class A misdemeanor. This section does not prohibit a person from lending or giving a handgun to a minor if the minor will be using the handgun under the direct supervision of an adult and for the purpose of firearm safety training, target shooting, or hunting.

ND1013 — limited

Citation: N.D. Cent. Code § 62.1-03-01(1)

A handgun may not be carried unless by an individual not otherwise prohibited and if: a. Between the hours of one hour before sunrise and one hour after sunset, the handgun is unloaded and either in plain view or secured. b. Between the hours of one hour after sunset and one hour before sunrise, the handgun is unloaded and secured. 2.

ND1024 — dvro : expanded

Citation: N.D. Cent. Code § 14-07.1-01.4 (g)

14-07.1-01(4): “Family or household member” means a spouse, family member, former spouse, parent, child, persons related by blood or marriage, persons who are in a dating relationship, persons who are presently residing together or who have resided together in the past, persons who have a child in common regardless of whether they are or have been married or have lived together at any time, and, for the purpose of...

ND1025 — dvro ex parte : expanded

Citation: N.D. Cent. Code §§ 14-07.1-03.1

14-07.1-03.1. If an application under section 14-07.1-02 alleges an immediate and present danger of domestic violence to the applicant, based upon an allegation of a recent incident of actual domestic violence, the court may grant an ex parte temporary protection order, pending a full hearing, granting such relief as the court deems proper. 2. An ex parte temporary protection order may include: d.

ND1058 — violent misdemeanor limited

Citation: N.D. Cent. Code § 62.1-02-01(1)(b)

b. A person who has been convicted anywhere of a felony offense of this or another state or the federal government not provided for in subdivision a or who has been convicted of a class A misdemeanor offense involving violence or intimidation in violation of chapters 12.1-16 through 12.1-25 or an equivalent offense of another state or the federal government and the offense was committed while using or possessing a...

ND1023 — mental health : committed to mh facility

Citation: N.D. Cent. Code § 62.1-02-01

A person who is or has ever been diagnosed and confined or committed to a hospital or other institution in this state or elsewhere by a court of competent jurisdiction, ...as a person requiring treatment as defined in section 25-03.1-02, or as a mentally deficient individual, is prohibited from purchasing a firearm or having one in possession or under control.

ND1041 — federal

Citation: 18 U.S.C.A. § 922(s)

Repealed.