North Carolina, like many states, has specific requirements for legally owning and carrying firearms. While North Carolina generally doesn’t require a permit to purchase a handgun, a permit is necessary to carry a concealed handgun. This comprehensive guide will walk you through the process of obtaining a gun permit (specifically a Concealed Handgun Permit or CHP) in North Carolina, covering everything from eligibility requirements to application procedures and renewal processes.
Understanding North Carolina Gun Laws: Purchase Permit vs. Concealed Carry Permit
Before diving into the application process, it’s crucial to understand the two main types of gun permits in North Carolina:
- Purchase Permit (Pistol Purchase Permit): This permit, issued by the sheriff of your county of residence, is required to purchase a handgun from a licensed dealer. While not strictly mandatory (you can avoid it by going through the National Instant Criminal Background Check System (NICS) check), it offers a quicker and more convenient process for handgun acquisition.
- Concealed Handgun Permit (CHP): This permit allows you to legally carry a concealed handgun in North Carolina. This is the permit we will focus on in this guide.
Eligibility Requirements for a Concealed Handgun Permit in North Carolina
To be eligible for a Concealed Handgun Permit in North Carolina, you must meet the following criteria as outlined in North Carolina General Statute § 14-415.12:
- Age: You must be at least 21 years old.
- Residency: You must be a resident of North Carolina for at least 30 days prior to applying. Active duty military personnel stationed in North Carolina are considered residents, even if their home of record is elsewhere.
- Citizenship/Legal Presence: You must be a citizen of the United States or a lawfully admitted alien.
- Mental Capacity: You must not suffer from any mental or physical infirmity that would prevent you from handling a handgun safely. This includes not being adjudicated incompetent or incapacitated.
- Criminal History: You must not have been convicted of a felony in any state or federal court. You must not be under indictment for a felony. You must not have been convicted of a misdemeanor crime of domestic violence. Certain other misdemeanor convictions may also disqualify you (e.g., assault, drug offenses).
- Substance Abuse: You must not be a habitual drunkard or drug addict.
- Pending Criminal Charges: You must not have any pending criminal charges that, if convicted, would disqualify you from owning a handgun.
- Restraining Orders: You must not be subject to a domestic violence protective order.
- Disciplinary Action: You must not have been discharged from the Armed Forces under dishonorable conditions.
- Training Requirement: You must have successfully completed a firearms safety course that meets the requirements outlined in North Carolina General Statute § 14-415.12(a)(7). This is a crucial element, and we’ll delve deeper into this later.
- False Statements: You must not have made any false statements on your application.
Important Note: The sheriff has the discretion to deny a permit even if you meet all the legal requirements if they have a reasonable suspicion that you are a danger to yourself or others. This is often referred to as the “suitability clause.”
Step-by-Step Guide to Obtaining a Concealed Handgun Permit in North Carolina
Here’s a detailed breakdown of the steps involved in obtaining your CHP:
Step 1: Complete a Required Firearms Safety Course
This is arguably the most important step. You must successfully complete a firearms safety course that meets the specific requirements of North Carolina General Statute § 14-415.12(a)(7). This course must include:
- Instruction on handgun safety: This covers safe handling, storage, and transportation of handguns.
- Instruction on the laws of North Carolina governing the carrying of concealed handguns: This includes where you can and cannot carry, permissible use of force, and legal responsibilities.
- Actual firing of a handgun: This involves demonstrating proficiency in handling and firing a handgun safely.
- Course Completion Certificate: You will receive a certificate upon successful completion of the course, which you will need to submit with your application.
Finding a Qualified Instructor:
The North Carolina Department of Justice (NC DOJ) maintains a list of certified instructors. You can find approved instructors by contacting your local sheriff’s office or searching online. Look for instructors who are certified by the NC DOJ or a nationally recognized organization like the NRA. Verify that the course specifically satisfies the requirements for a CHP in North Carolina.
What to Expect in the Course:
The course typically lasts around 8 hours and covers a range of topics, including:
- Firearms Safety Rules: Emphasizing the four basic rules of gun safety.
- Handgun Nomenclature: Identifying the parts of a handgun and understanding their function.
- Ammunition: Understanding different types of ammunition and their proper use.
- Safe Gun Handling Techniques: Proper grip, stance, and trigger control.
- Cleaning and Maintenance: How to properly clean and maintain your handgun.
- North Carolina Gun Laws: A detailed overview of North Carolina’s laws regarding concealed carry, self-defense, and the use of deadly force.
- Concealed Carry Techniques: Different methods of carrying a concealed handgun and their advantages and disadvantages.
- Range Qualification: You will be required to demonstrate proficiency in handling and firing a handgun safely on a shooting range.
Tips for Success:
- Choose a reputable instructor: Read reviews and ask for recommendations.
- Come prepared: Bring a handgun (if allowed by the instructor – check beforehand), ammunition, eye protection, and ear protection.
- Pay attention and ask questions: The course is designed to educate you on the safe and legal handling of firearms.
- Practice: After the course, continue to practice your shooting skills to maintain proficiency.
Step 2: Gather Required Documents
Once you’ve completed the firearms safety course, gather the necessary documents for your application:
- Concealed Handgun Permit Application: Obtain this from your county sheriff’s office. Most sheriff’s offices have the application available online for download.
- Certificate of Completion from Firearms Safety Course: This is proof that you’ve successfully completed the required training.
- North Carolina Driver’s License or State-Issued Identification Card: This serves as proof of residency. Make sure your address is current.
- DD-214 (if applicable): If you are a veteran, this document proves your military service.
- Other Documents (if applicable): The sheriff’s office may require additional documents depending on your individual circumstances. For example, if you have a criminal record, you may need to provide court documents.
Step 3: Submit Your Application to the Sheriff’s Office
Take your completed application and all required documents to the sheriff’s office in the county where you reside. Be prepared to pay an application fee. The fee varies by county but is typically around $90. Contact your sheriff’s office for the exact amount and accepted forms of payment.
Important Considerations When Submitting Your Application:
- Complete the application accurately and truthfully: Providing false information can result in denial of your application and potential criminal charges.
- Answer all questions completely: Don’t leave any blanks. If a question doesn’t apply to you, write “N/A.”
- Make copies of all documents: Keep copies of your application and all supporting documents for your records.
- Be prepared for fingerprinting: The sheriff’s office will typically take your fingerprints at the time you submit your application.
- Ask questions: If you have any questions about the application process, don’t hesitate to ask the sheriff’s office personnel.
Step 4: Background Check and Investigation
Once you submit your application, the sheriff’s office will conduct a thorough background check. This includes checking your criminal history, mental health records, and other relevant information. They may also contact references you provided on your application. This process can take several weeks or even months, depending on the workload of the sheriff’s office and the complexity of your background.
What the Background Check Entails:
- Criminal History Check: This involves checking national and state databases for any felony or misdemeanor convictions.
- Mental Health Records Check: The sheriff’s office will check to see if you have been adjudicated incompetent or incapacitated or have a history of mental illness that could make you a danger to yourself or others.
- NICS Check: The National Instant Criminal Background Check System (NICS) is used to determine if you are prohibited from owning a firearm under federal law.
- Local Records Check: The sheriff’s office may also check local records for any information that could disqualify you from obtaining a permit.
- Reference Checks: The sheriff’s office may contact the references you provided on your application to verify your character and suitability to carry a concealed handgun.
Step 5: Permit Issuance (or Denial)
After completing the background check and investigation, the sheriff will either approve or deny your application. If approved, you will be issued a Concealed Handgun Permit. The permit is typically valid for five years.
Reasons for Denial:
Your application can be denied for a number of reasons, including:
- Failure to meet eligibility requirements: If you don’t meet the age, residency, citizenship, or other requirements, your application will be denied.
- Criminal history: A felony conviction or certain misdemeanor convictions will disqualify you from obtaining a permit.
- Mental health issues: A history of mental illness or being adjudicated incompetent can result in denial.
- False information on application: Providing false information on your application will result in denial.
- Suitability: Even if you meet all the legal requirements, the sheriff can deny your application if they have a reasonable suspicion that you are a danger to yourself or others.
What to Do if Your Application is Denied:
If your application is denied, you have the right to appeal the decision to the district court in your county of residence. You must file the appeal within a specified timeframe (usually 30 days) after receiving the denial notice. Consult with an attorney to discuss your legal options.
Responsibilities of Concealed Handgun Permit Holders in North Carolina
Obtaining a CHP comes with responsibilities. It’s crucial to understand the laws regarding concealed carry in North Carolina and to act responsibly.
- Carry your permit at all times: You must carry your permit with you whenever you are carrying a concealed handgun.
- Disclose to law enforcement: If you are stopped by a law enforcement officer, you are required to inform them that you have a concealed handgun permit and that you are carrying a concealed handgun.
- Obey “No Guns” signs: It is illegal to carry a concealed handgun in any place where it is prohibited by law, such as schools, courthouses, and places where alcoholic beverages are sold and consumed. Look for clearly posted “No Guns” signs.
- Safe Storage: Store your handgun securely when not in use to prevent unauthorized access.
- Stay Informed: Keep up-to-date on changes to North Carolina’s gun laws.
Where You Can (and Cannot) Carry a Concealed Handgun in North Carolina
North Carolina law restricts where you can carry a concealed handgun, even with a valid permit. Some of the prohibited locations include:
- Schools and universities: Carrying a concealed handgun on school property is generally prohibited, with some exceptions for secured firearms in vehicles.
- Courthouses and government buildings: Many government buildings, including courthouses, prohibit concealed carry.
- Places where alcoholic beverages are sold and consumed: Restaurants and bars that sell alcohol are typically off-limits.
- Parades and demonstrations: Carrying a concealed handgun at a parade or demonstration is often prohibited.
- Areas prohibited by federal law: Federal buildings and other areas under federal jurisdiction may have restrictions on firearms.
- Private property where the owner has posted signs prohibiting firearms: Respect the rights of property owners who do not want firearms on their premises.
It is your responsibility to know the law and to avoid carrying a concealed handgun in prohibited locations.
Concealed Handgun Permit Renewal in North Carolina
Your Concealed Handgun Permit is valid for five years. You must renew it before it expires to continue carrying a concealed handgun legally. The renewal process is similar to the initial application process, but it is typically less involved.
Renewal Requirements:
- Complete a renewal application: Obtain this from your county sheriff’s office.
- Submit proof of residency: Provide a copy of your North Carolina driver’s license or state-issued identification card.
- Pay the renewal fee: The renewal fee is typically lower than the initial application fee.
- Background check: The sheriff’s office will conduct a background check to ensure that you are still eligible to possess a concealed handgun permit.
Renewal Timeline:
You can typically apply for renewal up to 90 days before your permit expires. It’s best to start the renewal process well in advance to avoid any lapse in your permit. Contact your local sheriff’s office for specific renewal procedures and deadlines.
Reciprocity with Other States
North Carolina has reciprocity agreements with several other states, meaning that your North Carolina Concealed Handgun Permit may be valid in those states. However, it is crucial to check the laws of the state you are visiting to ensure that you are in compliance with their regulations. Reciprocity laws can change, so it’s essential to stay informed.
You can find information on reciprocity agreements on the North Carolina Department of Justice website or by contacting the attorney general’s office in the state you plan to visit.
Frequently Asked Questions (FAQs)
Q: How long does it take to get a concealed handgun permit in North Carolina?
A: The processing time varies depending on the workload of the sheriff’s office, but it typically takes several weeks or even months.
Q: How much does it cost to get a concealed handgun permit in North Carolina?
A: The application fee varies by county but is typically around $90. You will also need to pay for the firearms safety course, which can range from $75 to $150 or more.
Q: Can I carry a concealed handgun in my car in North Carolina?
A: Yes, with a valid Concealed Handgun Permit, you can carry a concealed handgun in your car in North Carolina, subject to certain restrictions (e.g., not in a school zone).
Q: What should I do if I move to a different county in North Carolina?
A: You are required to notify the sheriff’s office in both your previous and new counties of your change of address within 30 days.
Q: What happens if I lose my concealed handgun permit?
A: Contact the sheriff’s office in the county where you obtained your permit to request a replacement.
Conclusion
Obtaining a Concealed Handgun Permit in North Carolina requires careful attention to detail and adherence to specific legal requirements. By following the steps outlined in this guide, you can navigate the process successfully and exercise your right to carry a concealed handgun responsibly and legally. Remember to prioritize safety, stay informed about the laws, and act responsibly as a permit holder.