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

February 18, 2018by rjshooklaw22

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

rjshooklaw

22 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

    • 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

  • 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

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