North Carolina General Statutes 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 N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 14-269.7 and N.C. Gen. Stat. § 14-316 and is not otherwise unlawful.
Attorney's Note
Under the N.C. Gen. Statutes, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class H felony | between 4 and 25 months | |
| Class 1 misdemeanor | up to 120 days |
Terms Used In North Carolina General Statutes 14-315
- Devise: To gift property by will.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
(2) The handgun is transferred to an adult custodian pursuant to Chapter 33A of the N.C. Gen. Stat., 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 N.C. Gen. Stat. § 14-269.7 and N.C. Gen. Stat. § 14-316 and is not otherwise unlawful.
(3) The handgun is a devise and is distributed to a parent or guardian under N.C. Gen. Stat. § 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 N.C. Gen. Stat. § 14-269.7 and N.C. Gen. Stat. § 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) Repealed by Session Laws 2023-8, s. 2(b), effective March 29, 2023, and applicable to pistols sold, given away, transferred, purchased, or received on or after that date.
(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 N.C. Gen. Stat. § 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); 2011-284, s. 9; 2013-369, s. 18; 2023-8, s. 2(b).)