State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-315

§14‑315.  Selling or giving weapons to minors.

(a)        Sale of WeaponsOther Than Handguns. – If a person sells, offers for sale, gives, or in any waytransfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk,shurikin, leaded cane, or slungshot, the person is guilty of a Class 1misdemeanor and, in addition, shall forfeit the proceeds of any sale made inviolation of this section.

(a1)      Sale of Handguns. –If a person sells, offers for sale, gives, or in any way transfers to a minorany handgun as defined in G.S. 14‑269.7, the person is guilty of a ClassH felony and, in addition, shall forfeit the proceeds of any sale made inviolation of this section. This section does not apply in any of the followingcircumstances:

(1)        The handgun is lentto a minor for temporary use if the minor's possession of the handgun is lawfulunder G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2)        The handgun istransferred to an adult custodian pursuant to Chapter 33A of the GeneralStatutes, and the minor does not take possession of the handgun except that theadult custodian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3)        The handgun is adevise 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 orguardian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(b)        Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1)      Defense. – It shallbe a defense to a violation of this section if all of the following conditionsare met:

(1)        The person showsthat the minor produced an apparently valid permit to receive the weapon, ifsuch a permit would be required under G.S. 14‑402 or G.S. 14‑409.1for transfer of the weapon to an adult.

(2)        The personreasonably believed that the minor was not a minor.

(3)        The person either:

a.         Shows that the minorproduced 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 atleast the required age for purchase and bearing a physical description of theperson named on the card reasonably describing the minor; or

b.         Produces evidence ofother facts that reasonably indicated at the time of sale that the minor was atleast 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).)

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-315

§14‑315.  Selling or giving weapons to minors.

(a)        Sale of WeaponsOther Than Handguns. – If a person sells, offers for sale, gives, or in any waytransfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk,shurikin, leaded cane, or slungshot, the person is guilty of a Class 1misdemeanor and, in addition, shall forfeit the proceeds of any sale made inviolation of this section.

(a1)      Sale of Handguns. –If a person sells, offers for sale, gives, or in any way transfers to a minorany handgun as defined in G.S. 14‑269.7, the person is guilty of a ClassH felony and, in addition, shall forfeit the proceeds of any sale made inviolation of this section. This section does not apply in any of the followingcircumstances:

(1)        The handgun is lentto a minor for temporary use if the minor's possession of the handgun is lawfulunder G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2)        The handgun istransferred to an adult custodian pursuant to Chapter 33A of the GeneralStatutes, and the minor does not take possession of the handgun except that theadult custodian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3)        The handgun is adevise 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 orguardian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(b)        Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1)      Defense. – It shallbe a defense to a violation of this section if all of the following conditionsare met:

(1)        The person showsthat the minor produced an apparently valid permit to receive the weapon, ifsuch a permit would be required under G.S. 14‑402 or G.S. 14‑409.1for transfer of the weapon to an adult.

(2)        The personreasonably believed that the minor was not a minor.

(3)        The person either:

a.         Shows that the minorproduced 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 atleast the required age for purchase and bearing a physical description of theperson named on the card reasonably describing the minor; or

b.         Produces evidence ofother facts that reasonably indicated at the time of sale that the minor was atleast 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).)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_14 > GS_14-315

§14‑315.  Selling or giving weapons to minors.

(a)        Sale of WeaponsOther Than Handguns. – If a person sells, offers for sale, gives, or in any waytransfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk,shurikin, leaded cane, or slungshot, the person is guilty of a Class 1misdemeanor and, in addition, shall forfeit the proceeds of any sale made inviolation of this section.

(a1)      Sale of Handguns. –If a person sells, offers for sale, gives, or in any way transfers to a minorany handgun as defined in G.S. 14‑269.7, the person is guilty of a ClassH felony and, in addition, shall forfeit the proceeds of any sale made inviolation of this section. This section does not apply in any of the followingcircumstances:

(1)        The handgun is lentto a minor for temporary use if the minor's possession of the handgun is lawfulunder G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2)        The handgun istransferred to an adult custodian pursuant to Chapter 33A of the GeneralStatutes, and the minor does not take possession of the handgun except that theadult custodian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3)        The handgun is adevise 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 orguardian may allow the minor temporary possession of the handgun incircumstances in which the minor's possession of the handgun is lawful underG.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(b)        Repealed by SessionLaws 1993 (Reg. Sess., 1994), c. 597, s. 2.

(b1)      Defense. – It shallbe a defense to a violation of this section if all of the following conditionsare met:

(1)        The person showsthat the minor produced an apparently valid permit to receive the weapon, ifsuch a permit would be required under G.S. 14‑402 or G.S. 14‑409.1for transfer of the weapon to an adult.

(2)        The personreasonably believed that the minor was not a minor.

(3)        The person either:

a.         Shows that the minorproduced 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 atleast the required age for purchase and bearing a physical description of theperson named on the card reasonably describing the minor; or

b.         Produces evidence ofother facts that reasonably indicated at the time of sale that the minor was atleast 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).)