North Carolina Abolishes 104-Year-Old Jim Crow Pistol Permit Law

North Carolina Governor Vetos Volunteer Security in Churches Co-Located with Schools, iStock-884214706
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WASHINGTON, D.C. — North Carolina’s General Assembly vetoed to overturn Gov. Roy Cooper’s veto of Senate Bill 41, legislation that scraps the state’s 104-year-old racist Jim Crow-era law for permit-to-purchase pistol requirements.

The new law strikes the Tar Heel State’s requirement that sheriffs make a “good moral character” judgement on North Carolinians seeking to purchase a handgun. The state legislature’s override of Gov. Cooper’s veto means the state will instead rely on the FBI’s National Instant Criminal Background Check System (NICS) to verify that every purchase of a firearm is only allowed for those who can pass the instant background check.

“This is a tremendous victory for North Carolina and a long-overdue move to relegate this racist Jim Crow-era law to the ash heap of history,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “Governor Cooper’s insistence of retaining this ill-conceived relic of a discriminatory era was wrong and the firearm industry is grateful to the North Carolina legislators to put an end to this scheme that only served to deny citizens their Second Amendment rights.”

Senate Bill 41 was the second attempt to overturn the law. Gov. Cooper vetoed similar legislation in 2021, despite the law having the backing of North Carolina’s Sheriffs Association.

Background checks for North Carolina handgun purchases will become more secure since permits-to-purchase handguns were valid for five years, meaning an individual who legally obtained a permit but was subsequently listed as a prohibited individual would have still been able to acquire handguns. The move to scrap the permits and rely on FBI NICS will assure North Carolina firearm retailers that each and every time they transfer a firearm, that transfer will only occur with a law-abiding citizen.

The law will also require the state’s Department of Public Safety to educate the public about the importance of the safe storage of firearms and to facilitate the distribution of gun locks, as well as provide suicide prevention education. Both are initiatives of NSSF’s Real Solutions. Safer Communities. campaign to ensure firearms remain beyond the reach of those who cannot be trusted to possess them.


About The National Shooting Sports Foundation

NSSF is the trade association for the firearm industry. Its mission is to promote, protect and preserve hunting and shooting sports. Formed in 1961, NSSF has a membership of thousands of manufacturers, distributors, firearm retailers, shooting ranges, sportsmen’s organizations, and publishers nationwide. For more information, visit nssf.org

National Shooting Sports Foundation

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Cappy

The Pistol Purchase Permit was more of a PIA for those just getting into shooting or gun culture than anything else. It was moot if the purchaser had a concealed carry permit. You could just walk into a gun store and walk out with your purchase. The real celebratory action here is that the NC Legislature was able to override our loony left governor’s veto. This alone portends good things for Constitutionalism going forward.

Laddyboy

Maryland STILL has the “government – MAY I requirement” on the books in order to buy a “restricted” weapon or lower receiver. The last time I purchased a lower receiver it O-N-L-Y costs about $200.00 to get the permit.

Stag

As a dealer of such items, I can tell you that is 100% a myth. The ATF can request to see your tax stamp at any time, which is why I always recommend keeping a copy with each NFA item at all times, however you do not relinquish your 4th amendment rights by simply being a registered owner of an NFA item.

Also, you are NOT required to show your tax stamp to any other non-ATF government agent. You can tell them to kick rocks if you feel like it.

Stag

You’re welcome. I’ve heard that several times and I’ve also heard a version of that myth about FFL holders “giving up their rights” once they have their license. That one is also not true. The ATF is required to set up an appointment with FFLs during business hours if they want to perform an audit. They usually don’t give you very much notice before hand, maybe a couple of days at most, but they will work around scheduling conflicts within reason.

Sarge

Purchase Permit or Concealed Carry Permit did not exempt you from the NICS check at point of purchase. The Purchase Permit only showed the sheriff had OK’d you to use your 2A rights, the Carry Permit only bypassed the Purchase Permit , neither allowed you to avoid the NICS check. I speak as one who has bought 5 hand guns in the last 3 yrs in N.C. and every time I had to fill out the NICS forms regardless of the Permit in hand. So anti-gunners are either uninformed of the process or full of ……stuff on purpose.

Boom

LA, too.