Gun LawWhat are the Requirements to Purchase a Firearm in North Carolina?

February 18, 2018by rjshooklaw38

In North Carolina, anyone over the age of 18 may purchase any long gun, rifle, shotgun, bow, or crossbow without a purchase permit, so long as they are not a “prohibited person”.

In order to buy any pistol in North Carolina an individual must be at least 21 years old, and must first obtain a purchase permit from the sheriff of the county in which they reside. Purchasers who hold a valid North Carolina concealed carry permit are not required to obtain a purchase permit before buying a pistol; the concealed carry permit serves as the purchase permit instead. Under federal law, there are no affirmative purchasing requirements, however, an individual may not purchase a firearm if they are a prohibited person under 18 U.S.C. 922(d).

In order to purchase any firearm from a dealer licensed by the ATF, all purchasers must complete ATF Form 4473, “Firearms Transaction Record,” and pass a background check. A copy of Form 4473 is attached to the materials for your reference. The purpose of Form 4473 is to correctly identify the purchaser and to ensure that the purchaser is not prohibited from purchasing or possessing a firearm. In order to ensure that the purchaser is not prohibited from purchasing or possessing a firearm, Form 4473 pulls language from the text of the federal penal code in the form of a series of yes or no questions addressing the following prohibited possessors:

  • A person who is under indictment for, or has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.
  • A fugitive from justice.
  • An unlawful user of, or addicted to, any controlled substances.
  • A person adjudicated as a mental defective or has been committed to any mental institution.
  • An alien unlawfully in the United States.
  • A person who has been dishonorably discharged from the U.S. Armed Forces.
  • A person who has renounced his citizenship.
  • A person subject to a domestic restraining order after notice and an opportunity to be heard.
  • A person who has been convicted in any court of a misdemeanor crime of domestic violence.

Generally, Form 4473 must be completed at the licensed business premises when a firearm is transferred over the counter. After the sale, the seller must make the Form 4473, and any supporting documents part of his/her permanent records. These forms must be retained for at least 20 years.

Download ATF Form 4473

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38 comments

  • Mark Oblinger

    January 28, 2020 at 11:30 pm

    I was denied on a federal background check to purchase a rifle today. I am not disqualified for any of the prohibited categories. The one possibility is a three day stint in psyc ward in va in 2012 after depression over my wife’s death. I remember little about the whole situation, but could this be the reason.? It was a short stay where some meds were adjusted and that was it. Just a regular guy who wanted to buy a 22 rifle to shoot turkeys.

    Reply

    • rjshooklaw

      February 6, 2020 at 12:16 am

      Please contact our office @ 704-671-2390 so we can help.

      Reply

      • Aphonso Jones Jr

        August 25, 2020 at 8:45 pm

        I need advice on your behalf on obtaining a shotgun

        Reply

        • rjshooklaw

          September 13, 2020 at 3:40 pm

          Happy to help. Please call the office and we can set up an appointment for you.

          Reply

    • rjshooklaw

      February 26, 2020 at 12:45 am

      It is certainly possible to get denied for a commitment to a psych ward. The good news is that this can be a relatively easy fix. Contact my office and we can discuss the specifics of your case.

      Reply

      • Caleb Williams

        April 19, 2020 at 7:30 am

        I was denied a handgun permit in my county of iredell. I contacted a lawyer and he’s the only one who I’ve found who can help me but he wants a massive amount of money and he offers no guarantee he can even fix it. Do you specialize in helping people in my position? If so can you give me a ballpark estimate of what it would cost? Any help on this is appreciated.

        Reply

        • rjshooklaw

          April 23, 2020 at 3:19 pm

          Caleb, thanks for reaching out. I certainly do handle a large amount of these types of cases. Everyone has a different definition of what they think is a “massive amount of money,” but I think that my rates are reasonable in light of the amount of work that is involved in restoring a person’s second amendment rights. I will contact you directly. It is better to discuss things by phone or video conference.

          Reply

          • Deion January

            July 19, 2020 at 6:15 pm

            I contacted you a few minutes ago please contact me when you can

          • rjshooklaw

            July 20, 2020 at 11:21 pm

            Deion, I am sorry that I missed your call. Please email your contact information to [email protected]

  • Larry bellamy

    March 28, 2020 at 11:03 pm

    Can I get a drug paraphernalia charge exspunged. From 2001?

    Reply

    • rjshooklaw

      April 9, 2020 at 6:19 pm

      More than likely, yes, this can be expunged. I need some more information to confirm. I have sent you an email to follow up!

      Reply

  • Todd Klein

    April 8, 2020 at 1:03 am

    I have some questions on obtaining a concealed
    Carry permit due to something on my record
    That isn’t accurate …would like to speak with someone on this matter

    Reply

    • rjshooklaw

      April 9, 2020 at 6:16 pm

      Todd, thanks for reaching out. We can certainly help. I will send you an email to follow up!

      Reply

  • Nicole Smith

    May 9, 2020 at 6:36 pm

    Hello… just moved from PA to NC. I was lied on and 302’d. In which my gun rights were revoked. I need help with restoration and cle as ring my name.

    Reply

    • rjshooklaw

      May 22, 2020 at 7:30 pm

      Nicole, this sounds like something that we can help with. Please call the office and set up a time for us to talk.

      Reply

  • stacey moore

    May 14, 2020 at 9:17 pm

    I was trying to enroll in my college class but due to an old charge I was denied. Is there anyway I would be able to get an expungements to re-register for classes?

    Reply

    • rjshooklaw

      May 22, 2020 at 7:31 pm

      Stacey, I am certain that we can help with this. Please call the office and set up a time for us to talk.

      Reply

  • Sean

    June 11, 2020 at 4:12 am

    If I get 100% ptsd for the Va can instill get a firemen ?

    Reply

    • rjshooklaw

      June 28, 2020 at 7:06 pm

      Yes you can still get a firearm, unless you are considered to be a mental defective or you have been committed to a mental institution. We have handled nearly 100 cases with similar issues, and we have gotten great results. If you would like more information, feel free to set up a phone consult.

      Reply

  • Joseph Grant

    June 16, 2020 at 6:57 am

    I live in North Carolina and I went on vacation to the beach in South Carolina. While down there I was in Dicks sporting goods and tried to buy a shotgun and to my surprise, I was told that I couldn’t buy one and an letter explaining everything would be sent to me in the mail. It’s been over two months since that conversation and no letter yet. What can I do to but a shotgun.

    Reply

    • rjshooklaw

      June 28, 2020 at 7:07 pm

      It sounds like there was an issue with your NICS check. If you contact the office, I can look at the letter and see what the underlying issue is..

      Reply

    • rjshooklaw

      June 28, 2020 at 7:10 pm

      It sounds like there was a problem with your NICS background check. If you contact the office, I can review the letter and give you specific advice on how to appeal the NICS denial. We have handled hundreds of cases with similar facts, and we would be happy to help you.

      Reply

  • Steven Futrell

    June 23, 2020 at 7:56 pm

    I was denied buying a shot gun and they said it was domestic violence. However the only thing in my records is when I put a restraining order on my ex wife for violence. How can I get this corrected? I’d love to beable to purchase what I want and also get my conceal carry. Can you help?

    Reply

    • rjshooklaw

      June 28, 2020 at 7:14 pm

      Steven, it sounds like you were denied after a NICS check. Unfortunately the system is not perfect, and errors can occur. There is an appeal process that we can use to help you. Please contact the office and I can give you more specific advice on how we can correct this. I have handled over 100 cases with facts similar to this, and we would be happy to help you.

      Reply

  • Charles L Chealey

    July 1, 2020 at 10:39 pm

    I went through a tough divorce that where infidelity was the issue, was arrested under mental hygiene arrest. However that was back in 1988. I have had a hard time tracking down the paperwork from 1988, I enlisted in the US Army in 1990 and served until 2002 where i drove tanks and carried a M16 on a regular SMH! I recently payed 200.00 to get into court after I was denied, I had death in my family and missed a court date and my case was dismissed with prejudice. I need your pricing to get my medical records and is it possible to get back in front of a judge?

    Reply

    • rjshooklaw

      July 14, 2020 at 11:47 pm

      Charles, I am sorry to hear about your difficulties. I would be happy to try and help. It may be possible to re-open the denied petition through a Rule 60 motion. Otherwise, you will have to wait for one year to re-file. Please give me a call at the office and set up an appointment so that we can discuss this further.

      Reply

  • Toine

    July 26, 2020 at 4:30 am

    I was denied a gun permit for something that happend 15yrs ago it was an assult but there was no weapon involved …why is that..

    Reply

    • rjshooklaw

      July 30, 2020 at 12:04 am

      Certain types of assault can disqualify you from possession a firearm. Offenses involving domestic violence, for example, can result in a lifetime bar. Call the office and set up an appointment and we can look into the matter further for you.

      Reply

  • Charles Olah II

    July 30, 2020 at 7:52 pm

    Can military dependents purchase a long gun in North Carolina if the active duty member is stationed in the state? I know in Virginia the dependent cannot. Thank you.

    Reply

    • rjshooklaw

      August 6, 2020 at 6:47 pm

      Charles, this is an interesting question. The ultimate issue is whether or not the dependents are “residents” of the state where the active duty soldier is stationed. If the dependent is living in, and a resident of North Carolina, then they should be able to purchase a long gun in North Carolina.

      Reply

  • Andrew Jones

    July 31, 2020 at 9:34 pm

    Hi new to NC from NJ (land where it’s impossible to get a gun).I have two non violent felonies. One for Defrauding a Business in 2006. I got a PTI and probation. The other was conspiracy to distribute and I received 3 years probation, however I completed all my tasks and the judge took me off probation within months. Never spent a day in jail. Am I eligible to get a rifle. I know I can’t get a firearm.

    Reply

    • rjshooklaw

      August 6, 2020 at 6:51 pm

      Andrew, welcome to “Real America!” In NC you can get your rights restored after a felony conviction twenty years from the completion of your sentence or probation, even if the offense happened outside of the State. Because your convictions were relatively recent, it does not appear that you qualify to purchase or possess a firearm at this time. Rifles and shotguns are both firearms under state and federal law, therefore, you are not eligible to purchase a rifle at this time.

      Reply

  • Norman Norris

    August 7, 2020 at 12:17 am

    Can you be denied the ability to purchase a firearm if you were admitted to a psych ward when the person was a kid?

    Reply

    • rjshooklaw

      August 8, 2020 at 12:17 am

      Norman. It is absolutely possible to be denied the ability to purchase a firearm if you were admitted to a psych ward as a child. Fortunately, it is possible to restore your firearms rights even if you were committed.

      Reply

  • Richard W

    August 18, 2020 at 1:18 am

    I live in NC;. I’m looking to buy a pistol and a rifle.. not sure yet what or when.. Can I get a purchase permit before I decide, so I’ll have it when I’m ready?

    Reply

    • rjshooklaw

      September 13, 2020 at 3:37 pm

      Absolutely. Applying for and obtaining a pistol purchase permit does not obligate you to purchase a pistol immediately. You can save it until you need it. Also, you should consider getting your CCW because with it, you no longer need a separate permit to purchase a pistol.

      Reply

  • Justin Orcutt

    August 23, 2020 at 2:34 am

    If I purchase a pistol from a friend of mine, we are both residents of NC. Do I have to register it to carry it? If I ever had to use it in deadly self defense situation is that technically a legal weapon since I did not purchase it from A dealer? I have clean background and have purchased many firearms from dealers as well. I also have concealed carry permit.

    Reply

    • rjshooklaw

      September 13, 2020 at 3:40 pm

      You do not have to register a firearm obtained in a private sale. However, you will need to provide the seller with proof of your CCW in order to keep things legal. You are not required to purchase a firearm from a dealer in order to make it legal.

      Reply

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