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What laws would prevent someone from buying a gun in New Hanover County?

F.T. Norton
Dean Darbonne shoots a .40 caliber handgun at Shooter's Choice in Wilmington Thursday, April 19, 2012. Staff Photo By Matt Born WILMINGTON STAR NEWS

StarNews file photo.

Q. What restrictions or laws apply that would prevent a person from receiving a permit to purchase a firearm in New Han. County?

A. Any number of things can prevent someone from legally purchasing a firearm in N.C. Among those caveats are age restrictions and mental health impairment.

According to North Carolina and federal law, the following would also make someone ineligible to receive or possess a firearm:

  • Persons under indictment or information in any court for “a crime punishable by imprisonment for a term exceeding one year.”
  • Persons convicted in any court of a crime punishable by imprisonment for a term exceeding one year. A person would not be ineligible under this criteria if the person has been pardoned for the crime or conviction, the crime or conviction has been expunged or set aside, or the person has had their civil rights restored, and under the law where the conviction occurred, the person is not prohibited from receiving or possessing any firearm
  • The person is a fugitive from justice
  • The person is an unlawful user of, or addicted to, marijuana, or any depressant, stimulant, or narcotic drug, or any other controlled substance
  • The person has been adjudicated mentally defective or has been committed to a mental institution
  • The person has been discharged from the U.S. armed forces under dishonorable conditions
  • The person is illegally in the United States
  • The person, having been a citizen of the United States, has renounced his or her citizenship.
  • The person has been convicted of an impaired driving offense within three years prior to the date of application

The person is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him/her from obtaining a concealed handgun permit.

For more information the full language of the law can be found here.


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