Laws
Here is all the laws I could find the links are below each one. Print all these out from the links and take with with you circle everything you see about a handgun or mark it somehow so you can find each thing. And go monday and come back with your PPP. Because I have found nothing that says you cant obtain it. All i found was you cant get a concealed weapons permit or buy a gun from an FFLD.
Some are federal laws some are state the federal is mostly too the top.
Manager of Blake's Guns & Sports Supplies,
Blake
FEDERAL LAW
The Gun Control Act of 1968, 18 U.S.C.
Chapter 44, provides in pertinent part as follows:
18 U.S.C. 922(x)
(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.
(2) It shall be unlawful for any person who
is a juvenile to knowingly possess—
(A) a handgun; or
(B) ammunition that is suitable for use
only in a handgun.
(3) This subsection does not apply to—
(A) a temporary transfer of a handgun or
ammunition to a juvenile or to the possession
or use of a handgun or ammunition by
a juvenile if the handgun and ammunition
are possessed and used by the juvenile—
(i) in the course of employment, in the
course of ranching or farming related to activities
at the residence of the juvenile (or
on property used for ranching or farming at
which the juvenile, with the permission of
the property owner or lessee, is performing
activities related to the operation of the
farm or ranch), target practice, hunting, or a
course of instruction in the safe and lawful
use of a handgun;
(ii) with the prior written consent of the
juvenile’s parent or guardian who is not prohibited
by Federal, State, or local law from
possessing a firearm, except—
(I) during transportation by the juvenile of
an unloaded handgun in a locked container
directly from the place of transfer to a place
at which an activity described in clause (i) is
to take place and transportation by the juvenile
of that handgun, unloaded and in a
locked container, directly from the place at
which such an activity took place to the
transferor; or
(II) with respect to ranching or farming activities
as described in clause (i) a juvenile
may possess and use a handgun or ammunition
with the prior written approval of the
juvenile’s parent or legal guardian and at the
direction of an adult who is not prohibited
by Federal, State, or local law from possessing
a firearm;
(iii) the juvenile has the prior written consent
in the juvenile’s possession at all times
when a handgun is in the possession of the
juvenile; and
(iv) in accordance with State and local law;
(B) a juvenile who is a member of the
Armed Forces of the United States or the
National Guard who possesses or is armed
with a handgun in the line of duty;
(C) a transfer by inheritance of title (but
not possession) of a handgun or ammunition
to a juvenile; or
(D) the possession of a handgun or ammunition
by a juvenile taken in defense of the
juvenile or other persons against an intruder
into the residence of the juvenile or a residence
in which the juvenile is an invited
guest.
(4) A handgun or ammunition, the possession
of which is transferred to a juvenile in
circumstances in which the transferor is not
in violation of this subsection shall not be
subject to permanent confiscation by the
Government if its possession by the juvenile
subsequently becomes unlawful because of
the conduct of the juvenile, but shall be returned
to the lawful owner when such handgun
or ammunition is no longer required by
the Government for the purposes of investigation
or prosecution.
(5) For purposes of this subsection, the
term ‘‘juvenile’’ means a person who is less
than 18 years of age.
(6)(A) In a prosecution of a violation of this
subsection, the court shall require the presence
of a juvenile defendant’s parent or legal
guardian at all proceedings.
(B) The court may use the contempt power
to enforce subparagraph (A).
(C) The court may excuse attendance of a
parent or legal guardian of a juvenile defendant
at a proceeding in a prosecution of a violation
of this subsection for good cause
shown.
18 U.S.C. 924(a)(6)
(6)(A)(i) A juvenile who violates section
922(x) shall be fined under this title, imprisoned
not more than 1 year, or both, except
that a juvenile described in clause (ii) shall
be sentenced to probation on appropriate
conditions and shall not be incarcerated unless
the juvenile fails to comply with a condition
of probation.
(ii) A juvenile is described in this clause
if—
VerDate(I) the offense of which the juvenile is
charged is possession of a handgun or ammunition
in violation of section 922(x)(2); and
(II) the juvenile has not been convicted in
any court of an offense (including an offense
under section 922(x) or a similar State law,
but not including any other offense consisting
of conduct that if engaged in by an
adult would not constitute an offense) or adjudicated
as a juvenile delinquent for conduct
that if engaged in by an adult would
constitute an offense.
(B) A person other than a juvenile who
knowingly violates section 922(x)—
(i) shall be fined under this title, imprisoned
not more than 1 year, or both; and
(ii) if the person sold, delivered, or otherwise
transferred a handgun or ammunition
to a juvenile knowing or having reasonable
cause to know that the juvenile intended to
carry or otherwise possess or discharge or
otherwise use the handgun or ammunition in
the commission of a crime of violence, shall
be fined under this title, imprisoned not
more than 10 years, or both.
(c) This written notification shall be
delivered to the nonlicensee on ATF I
5300.2, or in the alternative, the same
written notification may be delivered
to the nonlicensee on another type of
written notification, such as a manufacturer’s
or importer’s brochure accompanying
the handgun; a manufacturer’s
or importer’s operational manual
accompanying the handgun; or a
sales receipt or invoice applied to the
handgun package or container delivered
to a nonlicensee. Any written notification
delivered to a nonlicensee
other than on ATF I 5300.2 shall include
the language set forth in paragraph (b)
of this section in its entirety. Any
written notification other than ATF I
5300.2 shall be legible, clear, and conspicuous,
and the required language
shall appear in type size no smaller
than 10-point type.
(d) Except as provided in paragraph
(f) of this section, each licensed importer,
manufacturer, or dealer who delivers
a handgun to a nonlicensee shall
display at its licensed premises (including
temporary business locations at
gun shows) a sign as described in paragraph
(e) of this section. The sign shall
be displayed where customers can readily
see it. Licensed importers, manufacturers,
and dealers will be provided
with such signs by ATF. Replacement
signs may be requested from the ATF
Distribution Center.(e) The sign (ATF I 5300.1) required
by paragraph (d) of this section shall
state as follows:
(1) The misuse of handguns is a leading
contributor to juvenile violence and fatalities.
(2) Safely storing and securing firearms
away from children will help prevent the unlawful
possession of handguns by juveniles,
stop accidents, and save lives.
(3) Federal law prohibits, except in certain
limited circumstances, anyone under 18
years of age from knowingly possessing a
handgun, or any person from transferring a
handgun to a person under 18.
(4) A knowing violation of the prohibition
against selling, delivering, or otherwise
transferring a handgun to a person under the
age of 18 is, under certain circumstances,
punishable by up to 10 years in prison.
NOTE: ATF I 5300.2 provides the complete
language of the statutory prohibitions and
exceptions provided in 18 U.S.C. 922(x) and
the penalty provisions of 18 U.S.C. 924(a)(6).
The Federal firearms licensee posting this
sign will provide you with a copy of this publication
upon request. Requests for additional
copies of ATF I 5300.2 should be mailed
to the ATF Distribution Center, P.O. Box
5950, Springfield, Virginia 22150–5950.
(f) The sign required by paragraph (d)
of this section need not be posted on
the premises of any licensed importer,
manufacturer, or dealer whose only
dispositions of handguns to nonlicensees
are to nonlicensees who do
not appear at the licensed premises and
the dispositions otherwise comply with
the provisions of this part.
[T.D. ATF–402, 63 FR 37742, July 13, 1998]
that link is here
http://edocket.access.gpo.gov/cfr_2005/aprqtr/pdf/27cfr478.103.pdf
(b) Sales or deliveries to underaged persons.
A licensed importer, licensed
manufacturer, licensed dealer, or licensed
collector shall not sell or deliver
(1) any firearm or ammunition to
any individual who the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe is less
than 18 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 importer, manufacturer, dealer, or
collector knows or has reasonable
cause to believe is less than 21 years of
age, or (2) any firearm to any person in
any State where the purchase or possession
by such person of such firearm
would be in violation of any State law
or any published ordinance applicable
at the place of sale, delivery, or other
disposition, unless the importer, manufacturer,
dealer, or collector knows or
has reasonable cause to believe that
the purchase or possession would not
be in violation of such State law or
such published ordinance
link below
http://edocket.access.gpo.gov/cfr_2003/aprqtr/pdf/27cfr478.99.pdf
§ 14‑315. Selling or giving weapons to minors.
(a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
(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. This section does not apply in any of the following circumstances:
(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(3) The handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.
(b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:
(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.
(2) The person reasonably believed that the minor was not a minor.
(3) The person either:
a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or
b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age. (1893, c. 514; Rev., s. 3832; C.S., s. 4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)
link
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-315.html
§ 14‑404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.
(a) Upon application, the sheriff shall issue the license or permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a sheriff can issue a permit to a nonresident, when the sheriff has done all of the following:
(1) Verified, before the issuance of a permit, by a criminal history background investigation that it is not a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The sheriff shall determine the criminal and background history of any applicant by accessing computerized criminal history records as maintained by the State Bureau of Investigation and the Federal Bureau of Investigation, by conducting a national criminal history records check, by conducting a check through the National Instant Criminal Background Check System (NICS), and by conducting a criminal history check through the Administrative Office of the Courts.
(2) Fully satisfied himself or herself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant.
(3) Fully satisfied himself or herself that the applicant desires the possession of the weapon mentioned for (i) the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting.
(b) If the sheriff is not fully satisfied, the sheriff may, for good cause shown, decline to issue the license or permit and shall provide to the applicant within seven days of the refusal a written statement of the reason(s) for the refusal. An appeal from the refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal, and shall be final.
(c) A permit may not be issued to the following persons:
(1) (Effective until February 1, 2011) One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and who is later pardoned may obtain a permit, if the purchase or receipt of a pistol or crossbow permitted in this Article does not violate a condition of the pardon.
(1) (Effective February 1, 2011) One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and (i) who is later pardoned, or (ii) whose firearms rights have been restored pursuant to G.S. 14‑415.4, may obtain a permit, if the purchase or receipt of a pistol or crossbow permitted in this Article does not violate a condition of the pardon or restoration of firearms rights.
(2) One who is a fugitive from justice.
(3) One who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. § 802).
(4) One who has been adjudicated mentally incompetent or has been committed to any mental institution.
(5) One who is an alien illegally or unlawfully in the United States.
(6) One who has been discharged from the armed forces under dishonorable conditions.
(7) One who, having been a citizen of the United States, has renounced his or her citizenship.
(8) One who is subject to a court order that:
a. Was issued after a hearing of which the person received actual notice, and at which the person had an opportunity to participate;
b. Restrains the person from harassing, stalking, or threatening an intimate partner of the person or child of the intimate partner of the person, or engaging in other conduct that would place an intimate partner in reasonable fear of bodily injury to the partner or child; and
c. Includes a finding that the person represents a credible threat to the physical safety of the intimate partner or child; or by its terms explicitly prohibits the use, attempted use, or threatened use of physical force against the intimate partner or child that would reasonably be expected to cause bodily injury.
(d) Nothing in this Article shall apply to officers authorized by law to carry firearms if the officers identify themselves to the vendor or donor as being officers authorized by law to carry firearms and state that the purpose for the purchase of the firearms is directly related to the law officers' official duties.
(e) The sheriff shall charge for the sheriff's services upon issuing the license or permit a fee of five dollars ($5.00).
(f) 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.
(g) An applicant shall not be ineligible to receive a permit under subdivision (c)(4) of this section because of involuntary commitment to mental health services if the individual's rights have been restored under G.S. 122C‑54.1. (1919, c. 197, s. 3; C.S., s. 5108; 1959, c. 1073, s. 2; 1969, c. 73; 1981 (Reg. Sess., 1982), c. 1395, s. 1; 1987, c. 518, s. 1; 1995, c. 487, s. 2; 2006‑39, s. 1; 2006‑264, s. 4; 2008‑210, s. 3(a); 2009‑570, s. 7; 2010‑108, s. 4.)
link
http://www.ncga.state.nc.us/enactedlegislation/statutes/html/bysection/chapter_14/gs_14-404.html
Article 39.
Protection of Minors.
§ 14‑313. Youth access to tobacco products.
(a) Definitions. – The following definitions apply in this section:
(1) Distribute. – To sell, furnish, give, or provide tobacco products, including tobacco product samples, or cigarette wrapping papers to the ultimate consumer.
(2) Proof of age. – A drivers license or other photographic identification that includes the bearer's date of birth that purports to establish that the person is 18 years of age or older.
(3) Sample. – A tobacco product distributed to members of the general public at no cost for the purpose of promoting the product.
(4) Tobacco product. – Any product that contains tobacco and is intended for human consumption.
(b) Sale or distribution to persons under the age of 18 years. – If any person shall distribute, or aid, assist, or abet any other person in distributing tobacco products or cigarette wrapping papers to any person under the age of 18 years, or if any person shall purchase tobacco products or cigarette wrapping papers on behalf of a person, less than 18 years, the person shall be guilty of a Class 2 misdemeanor; provided, however, that it shall not be unlawful to distribute tobacco products or cigarette wrapping papers to an employee when required in the performance of the employee's duties. Retail distributors of tobacco products shall prominently display near the point of sale a sign in letters at least five‑eighths of an inch high which states the following:
N.C. LAW STRICTLY PROHIBITS
THE PURCHASE OF TOBACCO PRODUCTS
BY PERSONS UNDER THE AGE OF 18.
PROOF OF AGE REQUIRED.
Failure to post the required sign shall be an infraction punishable by a fine of twenty‑five dollars ($25.00) for the first offense and seventy‑five dollars ($75.00) for each succeeding offense.
A person engaged in the sale of tobacco products shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Retail distributors of tobacco products shall train their sales employees in the requirements of this law. Proof of any of the following shall be a defense to any action brought under this subsection:
(1) The defendant demanded, was shown, and reasonably relied upon proof of age in the case of a retailer, or any other documentary or written evidence of age in the case of a nonretailer.
(2) The defendant relied on the electronic system established and operated by the Division of Motor Vehicles pursuant to G.S. 20‑37.02.
(3) The defendant relied on a biometric identification system that demonstrated (i) the purchaser's age to be at least the required age for the purchase and (ii) the purchaser had previously registered with the seller or seller's agent a drivers license, a special identification card issued under G.S. 20‑377.7, a military identification card, or a passport showing the purchaser's date of birth and bearing a physical description of the person named on the card.
(b1) Vending machines. – Tobacco products shall not be distributed in vending machines; provided, however, vending machines distributing tobacco products are permitted (i) in any establishment which is open only to persons 18 years of age and older; or (ii) in any establishment if the vending machine is under the continuous control of the owner or licensee of the premises or an employee thereof and can be operated only upon activation by the owner, licensee, or employee prior to each purchase and the vending machine is not accessible to the public when the establishment is closed. The owner, licensee, or employee shall demand proof of age from a prospective purchaser if the person has reasonable grounds to believe that the prospective purchaser is under 18 years of age. Failure to demand proof of age as required by this subsection is a Class 2 misdemeanor if in fact the prospective purchaser is under 18 years of age. Proof that the defendant demanded, was shown, and reasonably relied upon proof of age shall be a defense to any action brought under this subsection. Vending machines distributing tobacco products in establishments not meeting the above conditions shall be removed prior to December 1, 1997. Any person distributing tobacco products through vending machines in violation of this subsection shall be guilty of a Class 2 misdemeanor.
(c) Purchase by persons under the age of 18 years. – If any person under the age of 18 years purchases or accepts receipt, or attempts to purchase or accept receipt, of tobacco products or cigarette wrapping papers, or presents or offers to any person any purported proof of age which is false, fraudulent, or not actually his or her own, for the purpose of purchasing or receiving any tobacco product or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor.
(d) Send or assist person less than 18 years to purchase or receive tobacco product. – If any person shall send a person less than 18 years of age to purchase, acquire, receive, or attempt to purchase, acquire, or receive tobacco products or cigarette wrapping papers, or if any person shall aid or abet a person who is less than 18 years of age in purchasing, acquiring, or receiving or attempting to purchase, acquire, or receive tobacco products or cigarette wrapping papers, the person shall be guilty of a Class 2 misdemeanor; provided, however, persons under the age of 18 may be enlisted by police or local sheriffs' departments to test compliance if the testing is under the direct supervision of that law enforcement department and written parental consent is provided; provided further, that the Department of Health and Human Services shall have the authority, pursuant to a written plan prepared by the Secretary of Health and Human Services, to use persons under 18 years of age in annual, random, unannounced inspections, provided that prior written parental consent is given for the involvement of these persons and that the inspections are conducted for the sole purpose of preparing a scientifically and methodologically valid statistical study of the extent of success the State has achieved in reducing the availability of tobacco products to persons under the age of 18, and preparing any report to the extent required by section 1926 of the federal Public Health Service Act (42 USC § 300x‑26).
(e) Statewide uniformity. – It is the intent of the General Assembly to prescribe this uniform system for the regulation of tobacco products to ensure the eligibility for and receipt of any federal funds or grants that the State now receives or may receive relating to the provisions of G.S. 14‑313. To ensure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules or regulations concerning the sale, distribution, display or promotion of tobacco products or cigarette wrapping papers on or after September 1, 1995. This subsection does not apply to the regulation of vending machines, nor does it prohibit the Secretary of Revenue from adopting rules with respect to the administration of the tobacco products taxes levied under Article 2A of Chapter 105 of the General Statutes.
(f) Deferred prosecution. – Notwithstanding G.S. 15A‑1341(a1), any person charged with a misdemeanor under this section shall be qualified for deferred prosecution pursuant to Article 82 of Chapter 15A of the General Statutes provided the defendant has not previously been placed on probation for a violation of this section and so states under oath. (1891, c. 276; Rev., s. 3804; C.S., s. 4438; 1969, c. 1224, s. 3; 1991, c. 628, s. 1; 1993, c. 539, s. 216; 1994, Ex. Sess., c. 24, s. 14(c); 1995, c. 241, s. 1; 1997‑434, ss. 1‑6; 1997‑443, s. 11A.118(a); 2001‑461, s. 5; 2002‑159, s. 5; 2005‑350, s. 6(b).)
§ 14‑314. Repealed by Session Laws 1971, c. 31.
§ 14‑315. Selling or giving weapons to minors.
(a) Sale of Weapons Other Than Handguns. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.
(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. This section does not apply in any of the following circumstances:
(1) The handgun is lent to a minor for temporary use if the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun except that the adult custodian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(3) The handgun is a devise or legacy and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun except that the parent or guardian may allow the minor temporary possession of the handgun in circumstances in which the minor's possession of the handgun is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.
(b) Repealed by Session Laws 1993 (Reg. Sess., 1994), c. 597, s. 2.
(b1) Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:
(1) The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.
(2) The person reasonably believed that the minor was not a minor.
(3) The person either:
a. Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or
b. Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age. (1893, c. 514; Rev., s. 3832; C.S., s. 4440; 1985, c. 199; 1993, c. 259, s. 3; 1993, c. 539, s. 217; 1994, Ex. Sess., c. 24, s. 14(c); 1993 (Reg. Sess., 1994), c. 597, s. 2; 1996, 2nd Ex. Sess., c. 18, s. 20.13(b).)
§ 14‑315.1. Storage of firearms to protect minors.
(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm, is guilty of a Class 1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person having charge of the minor and the minor:
(1) Possesses it in violation of G.S. 14‑269.2(b);
(2) Exhibits it in a public place in a careless, angry, or threatening manner;
(3) Causes personal injury or death with it not in self defense; or
(4) Uses it in the commission of a crime.
(b) Nothing in this section shall prohibit a person from carrying a firearm on his or her body, or placed in such close proximity that it can be used as easily and quickly as if carried on the body.
(c) This section shall not apply if the minor obtained the firearm as a result of an unlawful entry by any person.
(d) "Minor" as used in this section means a person under 18 years of age who is not emancipated. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 11.)
§ 14‑315.2. Warning upon sale or transfer of firearm to protect minor.
(a) Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14‑315.1 to the purchaser or transferee.
(b) Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase: "IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR."
(c) A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor. (1993, c. 558, s. 2; 1994, Ex. Sess., c. 14, s. 12.)
§ 14‑316. Permitting young children to use dangerous firearms.
(a) It shall be unlawful for any parent, guardian, or person standing in loco parentis, to knowingly permit his child under the age of 12 years to have the possession, custody or use in any manner whatever, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, except when such child is under the supervision of the parent, guardian or person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish such child any weapon enumerated herein. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.
(b) Air rifles, air pistols, and BB guns shall not be deemed "dangerous firearms" within the meaning of subsection (a) of this section except in the following counties: Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union, Vance. (1913, c. 32; C.S., s. 4441; 1965, c. 813; 1971, c. 309; 1993, c. 539, s. 218; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑316.1. Contributing to delinquency and neglect by parents and others.
Any person who is at least 16 years old who knowingly or willfully causes, encourages, or aids any juvenile within the jurisdiction of the court to be in a place or condition, or to commit an act whereby the juvenile could be adjudicated delinquent, undisciplined, abused, or neglected as defined by G.S. 7B‑101 and G.S. 7B‑1501 shall be guilty of a Class 1 misdemeanor.
It is not necessary for the district court exercising juvenile jurisdiction to make an adjudication that any juvenile is delinquent, undisciplined, abused, or neglected in order to prosecute a parent or any person, including an employee of the Department of Juvenile Justice and Delinquency Prevention under this section. An adjudication that a juvenile is delinquent, undisciplined, abused, or neglected shall not preclude a subsequent prosecution of a parent or any other person including an employee of the Department of Juvenile Justice and Delinquency Prevention, who contributes to the delinquent, undisciplined, abused, or neglected condition of any juvenile. (1919, c. 97, s. 19; C.S., s. 5057; 1959, c. 1284; 1969, c. 911, s. 4; 1971, c. 1180, s. 5; 1979, c. 692; 1983, c. 175, ss. 8, 10; c. 720, s. 4; 1993, c. 539, s. 219; 1994, Ex. Sess., c. 24, s. 14(c); 1997‑443, s. 11A.118(a); 1998‑202, s. 4(b); 2000‑137, s. 4.(c).)
§ 14‑317. Permitting minors to enter barrooms or billiard rooms.
If the manager or owner of any barroom, wherein beer, wine, or any alcoholic beverages are sold or consumed, or billiard room shall knowingly allow any minor under 18 years of age to enter or remain in such barroom or billiard room, where before such minor under 18 years of age enters or remains in such barroom or billiard room, the manager or owner thereof has been notified in writing by the parents or guardian of such minor under 18 years of age not to allow him to enter or remain in such barroom or billiard room, he shall be guilty of a Class 3 misdemeanor. (1897, c. 278; Rev., s. 3729; C.S., s. 4442; 1967, c. 1089; 1993, c. 539, s. 220; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑318. Exposing children to fire.
If any person shall leave any child under the age of eight years locked or otherwise confined in any dwelling, building or enclosure, and go away from such dwelling, building or enclosure without leaving some person of the age of discretion in charge of the same, so as to expose the child to danger by fire, the person so offending shall be guilty of a Class 1 misdemeanor. (1893, c. 12; Rev., s. 3795; C.S., s. 4443; 1983, c. 175, s. 9, 10, c. 720, s. 4; 1993, c. 539, s. 221; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑318.1. Discarding or abandoning iceboxes, etc.; precautions required.
It shall be unlawful for any person, firm or corporation to discard, abandon, leave or allow to remain in any place any icebox, refrigerator or other container, device or equipment of any kind with an interior storage area of more than one and one‑half cubic feet of clear space which is airtight, without first removing the door or doors or hinges from such icebox, refrigerator, container, device or equipment. This section shall not apply to any icebox, refrigerator, container, device or equipment which is being used for the purpose for which it was originally designed, or is being used for display purposes by any retail or wholesale merchant, or is crated, strapped or locked to such an extent that it is impossible for a child to obtain access to any airtight compartment thereof. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor. (1955, c. 305; 1993, c. 539, s. 222; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑318.2. Child abuse a misdemeanor.
(a) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of such child, who inflicts physical injury, or who allows physical injury to be inflicted, or who creates or allows to be created a substantial risk of physical injury, upon or to such child by other than accidental means is guilty of the Class A1 misdemeanor of child abuse.
(b) The Class A1 misdemeanor of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.
(c) A parent who abandons an infant less than seven days of age pursuant to G.S. 14‑322.3 shall not be prosecuted under this section for any acts or omissions related to the care of that infant. (1965, c. 472, s. 1; 1971, c. 710, s. 6; 1993, c. 539, s. 223; 1994, Ex. Sess., c. 14, s. 13; c. 24, s. 14(c); 2001‑291, s. 4; 2008‑191, s. 1; 2009‑570, s. 6.)
§ 14‑318.3. Repealed by Session Laws 1971, c. 710, s. 7.
§ 14‑318.4. Child abuse a felony.
(a) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious physical injury upon or to the child or who intentionally commits an assault upon the child which results in any serious physical injury to the child is guilty of a Class E felony, except as otherwise provided in subsection (a3) of this section.
(a1) Any parent of a child less than 16 years of age, or any other person providing care to or supervision of the child, who commits, permits, or encourages any act of prostitution with or by the child is guilty of child abuse and shall be punished as a Class E felon.
(a2) Any parent or legal guardian of a child less than 16 years of age who commits or allows the commission of any sexual act upon the child is guilty of a Class E felony.
(a3) A parent or any other person providing care to or supervision of a child less than 16 years of age who intentionally inflicts any serious bodily injury to the child or who intentionally commits an assault upon the child which results in any serious bodily injury to the child, or which results in permanent or protracted loss or impairment of any mental or emotional function of the child, is guilty of a Class C felony.
(a4) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class E felony if the act or omission results in serious bodily injury to the child.
(a5) A parent or any other person providing care to or supervision of a child less than 16 years of age whose willful act or grossly negligent omission in the care of the child shows a reckless disregard for human life is guilty of a Class H felony if the act or omission results in serious physical injury to the child.
(b) The felony of child abuse is an offense additional to other civil and criminal provisions and is not intended to repeal or preclude any other sanctions or remedies.
(c) Abandonment of an infant less than seven days of age pursuant to G.S. 14‑322.3 may be treated as a mitigating factor in sentencing for a conviction under this section involving that infant.
(d) The following definitions apply in this section:
(1) Serious bodily injury. – Bodily injury that creates a substantial risk of death or that causes serious permanent disfigurement, coma, a permanent or protracted condition that causes extreme pain, or permanent or protracted loss or impairment of the function of any bodily member or organ, or that results in prolonged hospitalization.
(2) Serious physical injury. – Physical injury that causes great pain and suffering. The term includes serious mental injury. (1979, c. 897, s. 1; 1979, 2nd Sess., c. 1316, s. 18; 1981, c. 63, s. 1; c. 179, s. 14; 1983, c. 653, s. 1; c. 916, § 1; 1985, c. 509, s. 5; c. 668; 1993, c. 539, s. 1233; 1994, Ex. Sess., c. 24, s. 14(c); 1999‑451, s. 1; 2001‑291, s. 5; 2008‑191, s. 2.)
§ 14‑319. Repealed by Session Laws 1975, c. 402.
§ 14‑320. Repealed by Session Laws 1987, c. 716, s. 2.
§ 14‑320.1. Transporting child outside the State with intent to violate custody order.
When any federal court or state court in the United States shall have awarded custody of a child under the age of 16 years, it shall be a felony for any person with the intent to violate the court order to take or transport, or cause to be taken or transported, any such child from any point within this State to any point outside the limits of this State or to keep any such child outside the limits of this State. Such crime shall be punishable as a Class I felony. Provided that keeping a child outside the limits of the State in violation of a court order for a period in excess of 72 hours shall be prima facie evidence that the person charged intended to violate the order at the time of taking. (1969, c. 81; 1979, c. 760, s. 5; 1979, 2nd Sess., c. 1316, s. 47; 1981, c. 63, s. 1, c. 179, s. 14; 1983, c. 563, s. 1; 1993, c. 539, s. 1234; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑321. Failing to pay minors for doing certain work.
Whenever any person, having a contract with any corporation, company or person for the manufacture or change of any raw material by the piece or pound, shall employ any minor to assist in the work upon the faith of and by color of such contract, with intent to cheat and defraud such minor, and, having secured the contract price, shall willfully fail to pay the minor when he shall have performed his part of the contract work, whether done by the day or by the job, the person so offending shall be guilty of a Class 3 misdemeanor. (1893, c. 309; Rev., s. 3428a; C.S., s. 4446; 1993, c. 539, s. 224; 1994, Ex. Sess., c. 24, s. 14(c).)
§ 14‑321.1. Prohibit baby sitting service by sex offender or in the home of a sex offender.
(a) For purposes of this section the term "baby sitting service" means providing, for profit, supervision or care for a child under the age of 13 years who is unrelated to the provider by blood, marriage, or adoption, for more than two hours per day while the child's parents or guardian are not on the premises.
(b) Notwithstanding any other provision of law, no person who is an adult may provide or offer to provide a baby sitting service in any of the following circumstances:
(1) The baby sitting service is offered in a home and a resident of the home is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.
(2) A provider of care for the baby sitting service is a sex offender who is registered in accordance with Article 27A of Chapter 14 of the General Statutes.
(c) A violation of this section that is a first offense is a Class 1 misdemeanor. A violation of this section that is a second or subsequent offense is a Class H felony. (2005‑416, s. 4.)
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