A recent school shooting that resulted in the arrest of both the teen shooter and his parents has adults across the country wondering about their own potential liability if they buy a child a gun as a gift.
After the school shooting in Oxford, MI on Nov. 30 that left four students dead and seven others wounded, the alleged 15-year-old gunman was charged with murder and terrorism. In what some consider a bold move, his parents were also arrested and charged with involuntary manslaughter.
North Carolina parents can buy a firearm as a gift for their child, but there are limitations and responsibilities that accompany such a purchase. Here is an overview of our state’s related gun laws.
Age Restrictions for Handgun Possession
North Carolina law prohibits anyone under the age of 18 from possessing or carrying a handgun, except in very specific circumstances.
A minor can legally possess a handgun in only these situations:
- Handgun is used for educational or recreational purposes while supervised by an adult who is present
- Handgun is used while hunting outside the limits of an incorporated municipality and has written permission from a parent or guardian
- Minor is emancipated and possesses the handgun inside his or her residence
Anyone who sells, gives, or transfers a handgun to a minor outside of these stated exceptions can be charged with a felony. Applicants for a pistol purchase permit must be 18 years old and meet other requirements. Permits are required to purchase a handgun and must be obtained from the local sheriff’s office.
Age Restrictions for Rifle Possession
There is no minimum age to possess rifles or shotguns in North Carolina.
Child Access Prevention Laws
Child Access Prevention (CAP) laws, or safe storage laws, limit children's access to guns at home. CAP laws obligate gun owners to prevent unauthorized use of their weapons.
If a child uses a gun that was not properly stored to seriously injure or kill anyone, CAP laws can penalize the gun owners with fines and imprisonment. North Carolina is one of 28 states with CAP firearm laws.
The CAP laws in the Tarheel State include the following:
- Gun Storage. While there are no specific gun-lock regulations in North Carolina, our laws do require an adult to store any firearm properly. No one should store or keep any loaded firearm on any premise under their control if a minor is likely to gain access to the firearm without permission. When the weapon isn’t properly stored, the adult can be charged with a Class 1 misdemeanor if the minor brings the gun to school, uses it in a threatening manner in a public place, causes injury or death, or uses the firearm in the commission of a crime.
- Use/Furnishing of Firearm. A child under the age of 12 must have the permission of a parent or guardian to use any firearm. Additionally, an adult must supervise its use. It is a misdemeanor in North Carolina for any person to knowingly permit a child younger than 12 years old to have access to or use any kind of firearm, regardless of whether it’s loaded, without permission and supervision.
Mecklenburg County considers air rifles, air pistols, and BB guns dangerous firearms. Other North Carolina counties with similar regulations include Caldwell, Durham, Forsyth, Gaston, Haywood, Stokes, Union, and Vance counties.
Parental Liability for a Child’s Actions at School
A parent or legal guardian may be held civilly liable to a school or other educational entity for negligent supervision if the minor commits any felony with a firearm that injures people or property on educational premises.
The parent or legal guardian will only be liable if he or she:
- Knew or should have known of the minor’s likelihood to commit the act
- Had the opportunity and ability to control the minor
- Made no reasonable effort to correct, restrain or properly supervise the minor
North Carolina prohibits any person from causing, encouraging, or aiding a child to possess or carry any firearm on educational property.
As mentioned earlier, an adult can also be charged criminally with a misdemeanor if a minor is able to get access to a gun because the adult did not keep it properly stored.
Check out these gun safety tips provided by the North Carolina Department of Public Safety.
Skilled Legal Counsel for Firearms Violations
Firearm violations are serious matters in North Carolina. Misdemeanors, depending on the level, can carry up to 150 days in jail plus fines. These charges also stay on your criminal record for life, unless successfully argued for expungement. Any blemish on your criminal record can affect your ability to obtain housing, be hired for a job, and receive students loans. Although less serious than a felony, misdemeanors can have lifelong implications.
When you need an attorney to defend you against criminal charges in the Charlotte area, don’t trust your future to just anyone. Our lawyers at Jetton & Meredith, PLLC are committed to providing each client with personalized and strategic representation. We aggressively fight for their best interests at all stages of the judicial process. The sooner we are brought on board, the more we can help.
Schedule a consultation with one of our experienced attorneys by calling (704) 931-5535 or using our online form.