In these gun laws pages, we refer to both “federal gun laws” and “state gun laws.”  The major difference between the two has to do with who makes the law, who prosecutes someone who violates the law, and what the penalty is for breaking the law.

One reason why it is important for you to know that there are these two sets of gun laws is so that you can understand all of the possible ways that the abuser might be breaking the law, and you can better protect yourself.  Throughout this section, we will be referring mostly to state laws.  Be sure to also read our Federal Gun Laws pages to see if any federal laws apply to your situation as well.  You will need to read both state and federal laws to see which ones, if any, the abuser might be violating.

If you are calling the police because you believe the abuser has violated a gun law, you do not necessarily need to be able to tell the police which law was violated (state versus federal) but local police cannot arrest someone for violating federal law, only for violating state/local laws.  Only federal law enforcement, the Bureau of Alcohol, Tobacco and Firearms (“ATF”), can arrest someone for violating federal laws.  If the local police believe that a state law is being violated, they could arrest the abuser and hand the case over to the state prosecutor.  If the local police believe a federal law is being violated, hopefully, the police department will notify the ATF or perhaps the U.S. Attorney’s office in your state (which is the federal prosecutor).  For information on how you can contact ATF directly to report the violation of federal gun laws, go to Who do I notify if I think the abuser should not have a gun?  If the abuser is breaking both state and federal laws, s/he might be prosecuted in both state and federal court.

North Carolina law says that a person cannot have or buy a gun if s/he:

• Is on probation and does not have the court’s written permission to possess a firearm;¹
• Has been convicted of a felony;²
• Has been found not guilty of a crime by reason of insanity;
• Has been determined to not have the mental capacity to proceed in a criminal case;³
• Is an illegal drug user or an addict;
• Has been found to be mentally incompetent by a judge or has been committed to any mental institution;
• Is an illegal immigrant in the United States or has renounced his or her citizenship; or
• Has been discharged from the armed forces under dishonorable conditions.⁴

If any of these situations apply to the abuser, it may be illegal for him/her to have a gun.  Also, if you have a domestic violence protective order (DVPO) against the abuser, you can ask the judge to order that the abuser cannot have or buy a gun as part of the DVPO.  Go to I have a domestic violence protective order (DVPO) against the abuser. Can s/he keep a gun or buy a new gun? for more information.

In addition, federal laws, which apply to all states, restrict an abuser’s right to have a gun if you have a restraining order against him/her that meets certain requirements.  Go to Federal Gun Laws for more information.

¹ NCGS § 15A-1343(b)(5)
² NCGS § 14-415.1(a)
³ NCGS § 14-415.3(a)
⁴ NCGS § 14-404(c)

Maybe. At the ex parte hearing, the judge is supposed to ask if the abuser has firearms, and should order that the abuser surrender all firearms if the court finds that the abuser:

• Has a history of using or threatening to use a deadly weapon against you or anyone else;
• Has threatened to seriously injure or kill you or your child(ren);
• Has threatened to commit suicide; or
• Has seriously injured you or your child(ren).¹

If the judge does not ask you about the abuser’s firearms, please speak up and tell this information to the judge anyway. You can ask that the judge order his firearms to be removed immediately. If the judge decides not to write a firearm restriction in the ex parte order, then you may have to wait until you are given a final DVPO.

¹ NCGS § 50B-3.1

Once your DVPO expires (including any extensions/renewals), the abuser will have 90 days to make a request to the court that his/her gun(s) be returned.  A court hearing will be held.  You will have the opportunity to be present and heard at this hearing.  The guns should not be returned to the abuser if:

• s/he is prohibited from owning or possessing a firearm under any other state or federal laws; or
• s/he has any pending criminal charges against him/her for a crime that was committed against you.  In that case, the guns will not be returned until that criminal court case is decided and then the decision will be made.¹

To find out more about how to renew your DVPO before it expires, go to How do I extend my order?

¹ NCGS § 50B-3.1(f)

Misdemeanor and felony records are open to the public but they are not always easy to access.  If you know the exact courthouse where the abuser may have been convicted, you can go to the courthouse and ask the clerk of court for access to those records.

Federal law specifically prohibits possession of a firearm if the person is convicted of any felony or of a domestic violence misdemeanor.  Criminal records that would make a person ineligible to purchase a firearm are also kept in the National Instant Criminal Background Check System (NICS).  However, no one other than law enforcement officials and licensed firearm sellers are allowed to search the NICS.  Your local police department may be willing to search NICS for you if you ask, but they are not required to do so.

To read more about the NICS, please see the question, What will happen if the abuser tries to purchase a gun?

The abuser must immediately surrender all firearms to the sheriff. If firearms cannot be surrendered at the time the DVPO is served, the abuser must surrender all firearms within 24 hours of service. The sheriff will store the firearms and other items or contract with a licensed dealer for this service. The sheriff can charge the abuser a reasonable storage fee.¹

Failure to surrender all firearms and ammunition, or providing false information about the location of the firearms is a Class H felony.²

¹ NCGS § 50B-3.1(d)
² NCGS § 50B-3.1(j)

Before purchasing a gun from a licensed firearm dealer, all buyers must undergo a criminal background check that is processed through the National Instant Criminal Background Check System (NICS). The National Instant Criminal Background Check System is used by federal firearms licensees (FFLs), such as firearms dealers or pawnbrokers, to instantly determine whether someone is eligible to receive (own, possess, transport) firearms or explosives.¹ If the abuser has a qualifying protection order against him/her, or has been convicted of a felony or domestic violence misdemeanor in any state, those records should be in the NICS, which should prevent the abuser from legally buying a gun. Not all states have automated record keeping systems, making it more difficult to process the criminal background check, and some criminals and abusers do slip through the system. Also, it is important to know that background checks are not required for private and online gun sales and so in those situations, the seller is not looking in the NICS.

If the abuser is able to purchase a gun and you believe that s/he should not be able to have one under the law, you can alert the police, and ask that his/her gun be taken away and perhaps the police will investigate. Generally, it is not a good idea to assume that because the abuser was able to buy a gun, it is legal for him/her to have one.

¹ National Criminal Justice Reference Service website

Maybe. If the abuser has not been convicted of a crime, and you have a DVPO against him, the abuser may still be able to use the gun for work purposes, but not for personal use.¹ You can ask the judge at your DVPO hearing to order that the abuser cannot have a gun for work purposes . If the judge decides to check this box, the abuser cannot use a gun at work or for personal use. To see a copy of the DVPO order online, go to our NC Download Court Forms page.

If you are confused or not sure whether the abuser can still use his/her gun for work purposes, you can talk to a domestic violence advocate in your area or call the National Center on Full Faith and Credit to find out more information.

¹ NCGS § 50B-3.1(k)