State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_90 > GS_90-113_1

§ 90‑113.1.  Burdenof proof; liabilities.

(a)        It shall not be necessary for the State to negate anyexemption or exception set forth in this Article in any complaint, information,indictment, or other pleading or in any trial, hearing, or other proceedingunder this Article, and the burden of proof of any such exemption or exceptionshall be upon the person claiming its benefit.

(b)        In the absence of proof that a person is the duly authorizedholder of an appropriate registration or order form issued under this  Article,he shall be presumed not to be the holder of such registration or form, and theburden of proof shall be upon him to rebut such presumption.

(c)        No liability shall be imposed by virtue of this Article uponany duly authorized officer, engaged in the lawful enforcement of this Article.(1971, c. 919, s. 1.)