Federal law establishes a baseline national standard regarding individuals’ eligibility to acquire and possess firearms. Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence misdemeanors, or if they are subject to certain court orders related to domestic violence or a serious mental condition. However, federal law merely provides a floor, and has notable gaps that allow individuals who have demonstrated significant risk factors for violence or self-harm to legally acquire and possess guns.

North Carolina law is generally weaker than federal law in this area but includes some restrictions on possession of all firearms.

Firearm Prohibitions for All Firearm Types:

North Carolina generally restricts people from possessing, purchasing, or accessing firearms of all types if they have been convicted, acquitted by reason of insanity, or determined to lack mental capacity in a proceeding for:

• Most felonies under North Carolina law, except those pertaining to antitrust violations, unfair trade practices, or restraints of trade, unless the person has been pardoned or had their firearms rights restored by a court; or

• Criminal convictions in other states or under federal law that were punishable where committed by more than one year imprisonment, if the crime is substantially similar to a crime defined as a felony in North Carolina.¹

North Carolina law also prohibits people from accessing firearms of all types if they have been acquitted by reason of insanity or determined to lack mental capacity in a proceeding for a misdemeanor assault by pointing a gun.² People convicted of this assault crime (as opposed to those acquitted or determined to lack mental capacity for prosecution) are not restricted from accessing firearms, however.

In the context of domestic violence-related court orders: North Carolina authorizes (but does not require) courts to prohibit possession of firearms by people subject to certain domestic violence protective orders. If a court orders a person to refrain from accessing firearms pursuant to a domestic violence protective order, North Carolina makes it a crime to violate that order by owning, possessing, purchasing, receiving, or attempting to possess, purchase or receive, a firearm, machine gun, ammunition, or permits to purchase a handgun or carry a concealed handgun.³ See the Domestic Violence & Firearms in North Carolina page for more information. (Federal domestic violence laws apply broader restrictions on firearm access by people convicted of domestic violence misdemeanors or subject to final domestic violence protective orders).

North Carolina law provides that in any case where a juvenile is placed on probation, the court may prohibit the juvenile from possessing a firearm.⁴ North Carolina law provides that a court imposing regular conditions of probation must prohibit the defendant from possessing a firearm without the written permission of the court.⁵ North Carolina law makes it a “controlling condition” for the release of a person from prison before the termination of his or her maximum prison term that the person not possess a firearm unless granted written permission by the Post-Release Supervision and Parole Commission (“Commission”) or a post-release supervision officer.⁶ Similarly, a North Carolina statute states that the Commission may require that a parolee refrain from possessing a firearm unless granted written permission by the Commission or the parole officer.⁷

For information on the background check process used to enforce these provisions, see the North Carolina Background Check Procedures section.

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1. N.C. Gen. Stat. §§ 14-415.1.; 14-415.3. See also, N.C. Gen. Stat. § 14-415.4 (regarding restoration of firearm rights).[↩]
2. N.C. Gen. Stat. §§ 14-415.3; 14-34.[↩]
3. N.C. Gen. Stat. § 14-269.8.[↩]
4. N.C. Gen. Stat. § 7B-2510.[↩]
5. N.C. Gen. Stat. § 15A-1343(b)(5).[↩]
6. N.C. Gen. Stat. § 15A-1368.4.[↩]
7. N.C. Gen. Stat. § 15A-1374.[↩]