Q&A: Gun terms, laws

In general, federal firearms law set a baseline for backround checks and other gun ownership requirements. State laws sets additional rules. Local city and county ordinances can also shape where and when someone may carry and use a gun.

Here are the questions this story tries to answer:  

As the lengthy correction {{a href="external_link-11903007" _fcksavedurl="external_link-11903007"}}on this Slate magazine piece{{/a}} indicates, even defining terms when talking about firearms can be a fraught topic. However, there are some basic terms that are helpful to know in any conversation about guns.

In more general use, a rifle is a long gun – one you would typically need two hands to fire and is generally rested on the shoulder – with "rifling" or spiral groves carved the length of the barrel. Those groves spin the bullet as it travels through the gun and help improve accuracy. But contrast, shotguns have smooth barrels. They are designed to fire shells, which contain a number of small projectiles – typically small metal balls – although there is ammunition made for shotguns that fire a single large slug or ball.   

The terms "assault weapon" or "assault rifle" are some of the most contentious in the debates over gun control laws. 

The Brady Campaign to Prevent Gun Violence defines an "assault weapon" by saying, {{a href="external_link-11903760" _fcksavedurl="external_link-11903760"}}"While semiautomatic hunting rifles are designed to be fired from the shoulder and depend upon the accuracy of a precisely aimed projectile to kill an animal, semiautomatic assault weapons are designed to kill as many people quickly, as would be needed in combat.{{/a}}" Under the Brady Campaign's definition, assault weapons are defined by certain features such as, "high-capacity ammunition magazines, pistol grips, folding stocks, and bayonets, which are not found on sporting guns, are designed specifically to facilitate the killing of human beings in battle."

In general, it is more precise to talk about a semiautomatic or automatic weapon than an "assault rife." 

According to the ATF, "There is no federal registration requirement for most conventional sporting firearms. Only those firearms subject to the National Firearms Act (NFA) (e.g., machineguns, short-barrel firearms, silencers, destructive devices, any other weapons) must be registered with ATF."

There are also statewide registration requirements for certain "machine guns" that are owned for the protection of businesses or as trophies of war.  

North Carolina law also bans rifles with a barrel length of less than 16 inches or an overall length of less than 26 inches, shotguns with a barrel length of less than 18 inches or an overall length of 26 inches, mufflers and silencers for any firearm, as well as the parts necessary to convert a semiautomatic weapon to a fully automatic weapon. (There are federal permits -- technically tax stamps -- that allow gun owners to posses such weapons and accouterments, but they are cumbersome to apply for and expensive -- $200 -- to obtain.) 

In addition, North Carolina sheriffs are not allowed to issue pistol purchase permits to any applicant subject to certain kinds of domestic violence restraining order. Specifically, judges would have to have found the person subject to the order posses a danger to another individual. Those subject to such orders are required to surrender any permits and weapons they have to the local sheriff's department until the order is lifted.  

There are special rules for gun ownership and possession for those under 21-years-old.

Federally licensed firearm dealers are allowed to sell handguns, rifles and shotguns to people 21-years-old or older. Federally licensed dealers may sell rifles and shotguns – but not handguns –to those aged 18, 19 or 20 and are not allowed to sell to those under age 18.  

State law further says that anyone under 18-years-old should only be allowed posses a handgun under certain situations, generally under adult supervision. However, children aged 12 through 17 are allowed to own and possess a rifle or a shotgun if it is given to them as a gift or sold to them by someone who is not a federally licensed firearms dealer. 

North Carolina state law ads on some additional rules.

People who want a pistol purchase permit must apply to their sheriff's department, which will do a background check that includes a search of the NICS registry. A concealed handgun permit (see below) may stand in for a pistol purchase permit. Law enforcement officers may also buy a handgun without a pistol purchase permit.

Someone who has been issued either a pistol purchase permit or a concealed handgun permit does not have to be checked against NICS in order to buy a handgun, shotgun, or rifle.

"A person may sell a firearm to an unlicensed resident of his State, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may loan or rent a firearm to a resident of any State for temporary use for lawful sporting purposes, if he does not know or have reasonable cause to believe the person is prohibited from receiving or possessing firearms under Federal law. A person may sell or transfer a firearm to a licensee in any State. However, a firearm other than a curio or relic may not be transferred interstate to a licensed collector."

In North Carolina, the combination of the state pistol permit law and federal rules governing private sales mean that residents may legally buy a rifle or a shotgun at a gun show or in another private venue from non-licensed dealer without a background check.

But regardless of the venue or license status of the seller, North Carolina residents must obtain a pistol purchase permit or concealed handgun permit before acquiring a handgun. 

In general, federal law restricts the sale of "armor piercing ammunition," although there are exceptions to this prohibition. North Carolina state law prohibits the sale, manufacture and purchase of "teflon-coated bullets," which are designed to defeat bullet proof vests. There is no state or federal limitation on the amount of ammunition that an individual can buy. 

So generally, the statute says that municipalities can’t regulate concealed carry – only the state can do that. But the statute provides a limited exception, formerly encompassing municipal “buildings, their appurtenant premises, and parks,” but now limited to municipal “buildings, their appurtenant premises” and certain “recreational facilities.”

North Carolina allows for "open carry" of firearms. That means as long as a weapon is "readily accessible" to an owner without a concealed handgun permit, it must not be covered. It is legal, however, for someone without a special permit to wear a handgun in a holster as long as the gun is not covered by a jacket or something else. Definitions of what constitutes "concealed" are not always spelled out, which presents some legal questions for responsible gun owners. For example, "North Carolina law does not specifically address how to transport a weapon in an automobile," according to the {{a href="document-11901234" _fcksavedurl="document-11901234"}}N.C. Firearms Laws{{/a}} manual. Generally speaking, if an owner is transporting a weapon, it either needs to be displayed in the open or locked away. 

The exception to North Carolina's open carry requirements – and similar requirements in other states – comes from state concealed handgun permit law. Under this law, citizens who receive special training, pass a background check and meet other requirements can carry concealed handguns. Roughly 290,000 North Carolina residents hold concealed handgun permits.

Applicants must be citizens of the United States, at least 21-years-old, have lived in North Carolina for at least 30 days, and meet other requirements.