North Carolina
North Carolina – See full texts below. Updated July 2004, August 2005.
– 14-269 (excerpts). Carrying concealed weapons. (a) It shall be
unlawful for any person, except when on his own premises,
willfully and intentionally to carry concealed about his
person any bowie knife, dirk, dagger… razor… or other
deadly weapon of like kind. This section does not apply to
an ordinary pocket knife carried in a closed position. As
used in this section, “ordinary pocket knife” means a
small knife, designed for carrying in a pocket or purse,
which has its cutting edge and point entirely enclosed by
its handle, and that may not be opened by a throwing,
explosive, or spring action… (b1) It is a defense to
prosecution under this section that: (1) The weapon was
not a firearm; (2) The defendant was engaged in, or on the
way to or from, an activity in which he legitimately used
the weapon…
– 14-269.2… (d) It shall be a misdemeanor for any person to
possess or carry, whether openly or concealed, any…
bowie knife, dirk, dagger… switchblade knife… razors
and razor blades (except solely for personal shaving), and
any sharp-pointed or edged instrument, except
instructional supplies, unaltered nail files and clips and
tools used solely for preparation of food… on
educational property [or to cause, encourage, or aid a
minor to do likewise].
– 14-269.6… it shall be unlawful for any person, including
law enforcement officers… to possess, offer for sale,
hold for sale, sell, give, loan, deliver, transport,
manufacture or go armed with any spring-loaded projectile
knife, ballistic knife, or any weapon of similar
character…
North Carolina Case Law:
– “Carrying concealed weapons in reasonable apprehension of
deadly assaults is not justification of a violation of the
statutory offense, but in aggravation thereof, and may be
considered by the trial judge in imposing the sentence…”
(1916)
– “A person acting in ignorance of the law in good faith and
upon advice of the clerk of the court or of an attorney,
but in violation of this section, is not excused.” (1907)
– “Knife about 4-1/2 inches in overall length which, when
folded, was clearly designed for carrying in a pocket or
purse, was an ‘ordinary pocketknife’ as defined by this
section.” (1989)
– “This section making it indictable for one to carry
concealed about his person any pistol, bowie knife, razor
or other deadly weapon of like kind, embraces a butcher’s
knife.” (1884)
* * *
FULL TEXTs July 2004
SUBCHAPTER IX. OFFENSES AGAINST THE PUBLIC PEACE.
Article 35.
Offenses Against the Public Peace.
§ 14-269. Carrying concealed weapons.
(a)It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any bowie
knife, dirk, dagger, slung shot, loaded cane, metallic knuckles,
razor, shurikin, stun gun, or other deadly weapon of like kind,
except when the person is on the person’s own premises.
(a1)It shall be unlawful for any person willfully and
intentionally to carry concealed about his person any pistol or
gun except in the following circumstances:
(1) The person is on the person’s own premises.
(2) The deadly weapon is a handgun, and the person has
a concealed handgun permit issued in accordance
with Article 54B of this Chapter or considered
valid under G.S. 14-415.24.
(b) This prohibition shall not apply to the following
persons:
(1) Officers and enlisted personnel of the armed forces
of the United States when in discharge of their
official duties as such and acting under orders
requiring them to carry arms and weapons;
(2) Civil and law enforcement officers of the United
States while in the discharge of their official
duties;
(3) Officers and soldiers of the militia and the
national guard when called into actual service;
(4) Officers of the State, or of any county, city, or
town, charged with the execution of the laws of the
State, when acting in the discharge of their
official duties;
(5) Sworn law-enforcement officers, when off-duty, if:
a. Written regulations authorizing the carrying
of concealed weapons have been filed with the
clerk of superior court in the county where
the law-enforcement unit is located by the
sheriff or chief of police or other superior
officer in charge; and
b. Such regulations specifically prohibit the
carrying of concealed weapons while the
officer is consuming or under the influence of
alcoholic beverages.
(b1)It is a defense to a prosecution under this section that:
(1) The weapon was not a firearm;
(2) The defendant was engaged in, or on the way to or
from, an activity in which he legitimately used the
weapon;
(3) The defendant possessed the weapon for that
legitimate use; and
(4) The defendant did not use or attempt to use the
weapon for an illegal purpose.
The burden of proving this defense is on the defendant.
(c) Any person violating the provisions of subsection (a) of
this section shall be guilty of a Class 2 misdemeanor. Any
person violating the provisions of subsection (a1) of this
section shall be guilty of a Class 2 misdemeanor for the first
offense. A second or subsequent offense is punishable as a Class
I felony.
(d) This section does not apply to an ordinary pocket knife
carried in a closed position. As used in this section, “ordinary
pocket knife” means a small knife, designed for carrying in a
pocket or purse, that has its cutting edge and point entirely
enclosed by its handle, and that may not be opened by a
throwing, explosive, or spring action. (Code, s. 1005; Rev., s.
3708; 1917, c. 76; 1919, c. 197, s. 8; C.S., s. 4410; 1923, c.
57; Ex. Sess. 1924, c. 30; 1929, cc. 51, 224; 1947, c. 459;
1949, c. 1217; 1959, c. 1073, s. 1; 1965, c. 954, s. 1; 1969, c.
1224, s. 7; 1977, c. 616; 1981, c. 412, s. 4; c. 747, s. 66;
1983, c. 86; 1985, c. 432, ss. 1-3; 1993, c. 539, s. 163; 1994,
Ex. Sess., c. 24, s. 14(c); 1995, c. 398, s. 2; 1997-238, s. 1;
2003-199, s. 2.)
§ 14-269.2. Weapons on campus or other educational property.
(a)The following definitions apply to this section:
(1) Educational property. – Any school building or bus,
school campus, grounds, recreational area, athletic
field, or other property owned, used, or operated
by any board of education or school board of
trustees, or directors for the administration of
any school.
(1a) Employee. – A person employed by a local board of
education or school whether the person is an adult
or a minor.
(1b) School. – A public or private school, community
college, college, or university.
(2) Student. – A person enrolled in a school or a
person who has been suspended or expelled within
the last five years from a school, whether the
person is an adult or a minor.
(3) Switchblade knife. – A knife containing a blade
that opens automatically by the release of a spring
or a similar contrivance.
(4) Weapon. – Any device enumerated in subsection (b),
(b1), or (d) of this section.
(b) It shall be a Class I felony for any person to possess or
carry, whether openly or concealed, any gun, rifle, pistol, or
other firearm of any kind on educational property or to a
curricular or extracurricular activity sponsored by a school.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(b1)It shall be a Class G felony for any person to possess or
carry, whether openly or concealed, any dynamite cartridge,
bomb, grenade, mine, or powerful explosive as defined in G.S.
14-284.1, on educational property or to a curricular or
extracurricular activity sponsored by a school. This subsection
shall not apply to fireworks.
(c) It shall be a Class I felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any gun, rifle,
pistol, or other firearm of any kind on educational property.
However, this subsection does not apply to a BB gun, stun gun,
air rifle, or air pistol.
(c1)It shall be a Class G felony for any person to cause,
encourage, or aid a minor who is less than 18 years old to
possess or carry, whether openly or concealed, any dynamite
cartridge, bomb, grenade, mine, or powerful explosive as defined
in G.S. 14-284.1 on educational property. This subsection shall
not apply to fireworks.
(d) It shall be a Class 1 misdemeanor for any person to
possess or carry, whether openly or concealed, any BB gun, stun
gun, air rifle, air pistol, bowie knife, dirk, dagger,
slungshot, leaded cane, switchblade knife, blackjack, metallic
knuckles, razors and razor blades (except solely for personal
shaving), firework, or any sharp-pointed or edged instrument
except instructional supplies, unaltered nail files and clips
and tools used solely for preparation of food, instruction, and
maintenance, on educational property.
(e) It shall be a Class 1 misdemeanor for any person to
cause, encourage, or aid a minor who is less than 18 years old
to possess or carry, whether openly or concealed, any BB gun,
stun gun, air rifle, air pistol, bowie knife, dirk, dagger,
slungshot, leaded cane, switchblade knife, blackjack, metallic
knuckles, razors and razor blades (except solely for personal
shaving), firework, or any sharp-pointed or edged instrument
except instructional supplies, unaltered nail files and clips
and tools used solely for preparation of food, instruction, and
maintenance, on educational property.
(f) Notwithstanding subsection (b) of this section it shall
be a Class 1 misdemeanor rather than a Class I felony for any
person to possess or carry, whether openly or concealed, any
gun, rifle, pistol, or other firearm of any kind, on educational
property or to a curricular or extracurricular activity
sponsored by a school if:
(1) The person is not a student attending school on the
educational property or an employee employed by the
school working on the educational property; and
(1a) The person is not a student attending a curricular
or extracurricular activity sponsored by the school
at which the student is enrolled or an employee
attending a curricular or extracurricular activity
sponsored by the school at which the employee is
employed; and
(2) Repealed by Session Laws 1999-211, s. 1, effective
December 1, 1999, and applicable to offenses
committed on or after that date.
(3) The firearm is not loaded, is in a motor vehicle,
and is in a locked container or a locked firearm
rack.
(4) Repealed by Session Laws 1999-211, s. 1, effective
December 1, 1999, and applicable to offenses
committed on or after that date.
(g) This section shall not apply to:
(1) A weapon used solely for educational or
school-sanctioned ceremonial purposes, or used in a
school-approved program conducted under the
supervision of an adult whose supervision has been
approved by the school authority;
(1a) A person exempted by the provisions of G.S.
14-269(b);
(2) Firefighters, emergency service personnel, North
Carolina Forest Service personnel, and any private
police employed by an educational institution, when
acting in the discharge of their official duties;
(3) Home schools as defined in G.S. 115C-563(a); or
(4) Weapons used for hunting purposes on the Howell
Woods Nature Center property in Johnston County
owned by Johnston Community College when used with
the written permission of Johnston Community
College.
(h) No person shall be guilty of a criminal violation of this
section so long as both of the following apply:
(1) The person comes into possession of a weapon by
taking or receiving the weapon from another person
or by finding the weapon.
(2) The person delivers the weapon, directly or
indirectly, as soon as practical to law enforcement
authorities. (1971, c. 241, ss. 1, 2; c. 1224;
1991, c. 622, s. 1; 1993, c. 539, s. 164; c. 558,
s. 1; 1994, Ex. Sess., c. 14, s. 4(a), (b); 1995,
c. 49, s. 1; 1997-238, s. 2; 1999-211, s. 1;
1999-257, s. 3, 3.1; 2003-217, s. 1.)
§ 14-269.6. Possession and sale of spring-loaded projectile
knives prohibited.
(a)On and after October 1, 1986, it shall be unlawful for
any person including law-enforcement officers of the State, or
of any county, city, or town to possess, offer for sale, hold
for sale, sell, give, loan, deliver, transport, manufacture or
go armed with any spring-loaded projectile knife, a ballistic
knife, or any weapon of similar character. Except that it shall
be lawful for a law-enforcement agency to possess such weapons
solely for evidentiary, education or training purposes.
(b) Any person violating the provisions of this section shall
be guilty of a Class 1 misdemeanor. (1985 (Reg. Sess., 1986), c.
810, s. 1; 1993, c. 539, s. 167; 1994, Ex. Sess., c. 24, s.
14(c).)
FULL TEXTs August 2005
§ 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).)
§ 14-409.12. “Historic edged weapons” defined.
The term “historic edged weapon” means any bayonet, trench knife, sword or dagger manufactured during or prior to World War II but in no event later than January 1, 1946. (1971, c. 133, s. 1.)
***
§ 105-80: Repealed by Session Laws 1996, Second Extra Session, c. 14, s. 17.
Taxation. 105-80. (b) Other Weapons. – Every
person, firm, or corporation who is engaged in the
business of selling or offering for sale bowie knives,
dirks, daggers… or similar weapons shall obtain a
statewide license from the Secretary of Revenue for the
privilege of engaging in business and shall pay a tax of
$200 for the license.