What exactly are the laws for minors possessing guns in North Carolina?

When it comes to minors purchasing firearms in North Carolina, the rules are clear: No one under the age of 21 may buy handguns, and no one younger than 18 can buy long guns, such as shotguns or rifles.

The state actually adheres to federal standards when it comes to such age restrictions.

But the rules are different in North Carolina when it comes to the possession of firearms. And it can get a little confusing.

• North Carolina law makes it a misdemeanor for someone under the age of 18 to possess a handgun.
• But there is no similar NC statute specifically addressing the possession of “long guns” — rifles, shotguns and carbines (except for a statute that allows children younger than 12 to handle firearms with permission from or under supervision of adults.).

So what exactly are the rules for minors possessing or using guns? There are a few.

▪ Under the age of 12. A child under the age of 12 must have permission from their parent or guardian to possess or use a firearm, whether loaded or unloaded, or be under the supervision of an adult, says NC statute 14-316. Violation is a misdemeanor.

▪ Keeping guns away from minors. According to North Carolina statute 14-315.1., people who possess firearms and live with minors have a responsibility to store firearms in a way that unsupervised minors cannot access them.

The penalty for not doing this is a Class 1 misdemeanor — but only under certain circumstances: if that firearm is obtained without permission and the minor exhibits the weapon in a public place or in a threatening manner, carries it onto an “educational property,” causes injury or death (not in self-defense) or uses it in the commission of a crime.

The statute is long, but specifies that the adult may be responsible if the firearm is stored “in a condition that the firearm can be discharged and in a manner that the person knew or should have known that an unsupervised minor would be able to gain access to the firearm.”

▪ No guns on school grounds. It is a Class 1 felony for anyone of any age to possess or carry (openly or concealed) any kind of firearm on “educational property” or to an extracurricular activity sponsored by a school. If that weapon is discharged, it’s a Class F felony. (Note: does not apply to BB guns, stun guns, air rifles or air pistols.).

It is also a Class 1 felony to encourage or aid a minor (less than 18 years old) to carry a firearm onto an educational property.

▪ No permit needed for “long guns.” You do not need any kind of permit to own a “long gun,” which includes a rifle or shotgun, but you do need a North Carolina ID and the buyer must pass a background check. (You do need need a permit to purchase a handgun.)

Why is it a crime to improperly store a firearm, but not illegal for a minor to own a rifle?

In North Carolina, it is not illegal for a minor to possess a long gun, such as a shotgun or rifle. And yet, it can be a crime for a minor to access a firearm if a parent or guardian has not properly secured it.

It all depends on what the minor does with the gun they access.

From the state statute (G.S. 14-315.1), here are all the elements that must be present for improper storage of a firearm to be a crime: