GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2011
SESSION LAW 2011-56
SENATE BILL 406
AN ACT to repeal the requirement that a person obtain a permit to receive, sell, purchase, or otherwise transfer a crossbow.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14-402 reads as rewritten:
"§ 14-402. Sale of certain weapons without permit forbidden.
(a) It is unlawful
for any person, firm, or corporation in this State to sell, give away, or transfer,
or to purchase or receive, at any place within this State from any other place
within or without the State any pistol or crossbow unless: (i) a license
or permit is first obtained under this Article by the purchaser or receiver
from the sheriff of the county in which the purchaser or receiver resides; or
(ii) a valid North Carolina concealed handgun permit is held under Article 54B
of this Chapter by the purchaser or receiver who must be a resident of the
State at the time of the purchase.
It is unlawful for any person or persons to receive from any
postmaster, postal clerk, employee in the parcel post department, rural mail
carrier, express agent or employee, railroad agent or employee within the State
of North Carolina any pistol or crossbow without having in his or their
possession and without exhibiting at the time of the delivery of the same and
to the person delivering the same the permit from the sheriff as provided in
G.S. 14-403. Any person violating the provisions of this section is guilty
of a Class 2 misdemeanor.
(b) This section does not apply to an antique firearm or an historic edged weapon.
(c) The following definitions apply in this Article:
(1) Antique firearm. - Defined in G.S. 14-409.11.
(2) Bolt. -
A projectile made to be discharged from a crossbow. The bolt differs from an
arrow in that the bolt is heavier and shorter than an arrow.
(3) Crossbow.
- A mechanical device consisting of, but not limited to, strings, cables, and
prods transversely mounted on either a shoulder or hand-held stock. This device
is mechanically held at full or partial draw and released by a trigger or
similar mechanism that is incorporated into a stock or handle. When operated,
the crossbow discharges a projectile known as a bolt.
(4) Historic edged weapon. - Defined in G.S. 14-409.12.
(5) Manufacturer
of crossbows. - A corporation that manufactures or produces crossbows.
(6) Retail
dealer of crossbows. - A corporation that sells crossbows to the ultimate
consumer of the product.
(7) Wholesale
dealer of crossbows. - A corporation that acquires crossbows for sale to
another wholesale dealer of crossbows or to a retail dealer of crossbows."
SECTION 2. G.S. 14-404(c)(1) reads as rewritten:
"(c) A permit may not be issued to the following persons:
(1) One who is under
an indictment or information for or has been convicted in any state, or in any
court of the United States, of a felony (other than an offense pertaining to
antitrust violations, unfair trade practices, or restraints of trade). However,
a person who has been convicted of a felony in a court of any state or in a
court of the United States and (i) who is later pardoned, or (ii) whose
firearms rights have been restored pursuant to G.S. 14-415.4, may obtain a
permit, if the purchase or receipt of a pistol or crossbow permitted in
this Article does not violate a condition of the pardon or restoration of
firearms rights."
SECTION 3. G.S. 14-406(b) is repealed.
SECTION 4. G.S. 14-406.1 is repealed.
SECTION 5. This act is effective when it becomes law.
In the General Assembly read three times and ratified this the 20th day of April, 2011.
s/ Walter H. Dalton
President of the Senate
s/ Thom Tillis
Speaker of the House of Representatives
s/ Beverly E. Perdue
Governor
Approved 9:54 a.m. this 28th day of April, 2011