The Second Amendment of the U.S. Constitution gives citizens the right to bear arms. Many federal, state, and local laws are in place to govern gun ownership across the country. Recent legislation has removed the requirement for gun permits in North Carolina. This means that residents may purchase and own a handgun without having to obtain a permit from the local sheriff. This is a change to a permit requirement that was previously in place. The change takes effect immediately.
Handgun Permit Repeal
The North Carolina House has voted to override a veto by the governor that would have kept the handgun-permitting law in place. The House voted to repeal current legislation that required citizens to obtain gun permits from the sheriff in their jurisdiction. Sheriffs were required to perform character evaluations and criminal history checks for those seeking a permit to own a handgun. Those who favored the new legislation pointed to an update in the national background check, which is still in place. The North Carolina Sheriff’s Association was in favor of the new legislation.
Charlotte Criminal Lawyer Brad Smith answers the question: “I was found not guilty of a charge, buy my record still shows the charge. What is going on?”
Background Checks Still Required
In order to purchase a gun from a gun store or a federally licensed dealer must still undergo required national background checks. It is also important to note that a concealed carry permit is still required. Federal legislation has not yet passed through the U.S. Senate. The legislation tightens and expands national background checks for gun ownership. Currently, federal law requires firearms dealers to be licensed and to request a background check before selling or transferring a firearm to a non-dealer. Therefore, to own a handgun, you must still pass the federal background check.
Who is Restricted from Owning a Firearm?
Firearm ownership is a privilege provided to us through the Constitution. However, there are some people who are not allowed to own firearms. Federal law prohibits gun ownership for some who have been convicted of certain crimes or have a serious mental condition. The Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) has a list of those who are not allowed to own a firearm per federal law.
Anyone convicted of a crime that has a potential punishment of more than a year in prison is not allowed to own a firearm. A fugitive from justice cannot legally possess a firearm. Someone who was dishonorably discharged from the armed services is not allowed to own a gun. Those convicted of domestic violence are precluded from gun ownership. These are just a few of the categories of those restricted from owning a gun. Gun restrictions apply to the ownership, possession, selling, transporting, or receiving of a firearm or ammunition.
Although gun permits are no longer required in North Carolina, you must still obtain a gun legally and pass the required background check before purchase. Gun crimes can be serious and may come with severe penalties upon conviction. If you were charged with a gun crime, contact us at Arnold & Smith, PLLC, at (704) 370-2828 for a consultation today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
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