North Carolina, Raleigh – Additional protections for victims of domestic violence, mental health resources and improved background checks for gun purchases are contained in the bipartisan law signed Saturday by President Joe Biden.
Because it is a law approved by the federal government, it also impacts North Carolina.
What changes and what doesn't change with the new Safer Communities Act?
What does the new law change to buy weapons in the United States?
1. More comprehensive reviews of people ages 18 to 21 who want to buy guns The new gun control law includes a review of the gun-purchasing process for those under 21. It also extends the so-called "Red Flag" laws nationwide; these laws allow for legal proceedings to confiscate firearms from those who pose a danger to others or themselves.
2. Closure of the so-called groom's lagoon The new law closes what's known as the "boyfriend loophole." Before this law, if someone accused of domestic violence without being married was allowed to continue owning guns; something that doesn't happen to married people.
The new law prohibits those convicted of a crime of domestic violence against someone with whom they have a “serious and ongoing relationship of a romantic or intimate nature” from having weapons.
According to an FBI report, 141 people were shot to death by an abusive partner between 2016 and 2020 and 72% of those victims were women.
3. At least $750 million to help states implement and manage crisis intervention programs . It includes more funds for mental health resources and to strengthen security in schools, two aspects that gun advocates insist on every time there is a shooting in the US.
There are also more resources for other crisis intervention programs, such as mental health courts, drug courts, and veterans courts.
4. Require more gun dealers to register as federally licensed firearms dealers The new law expands background checks for prospective gun buyers by changing the definition of who is “engaged in the business” of selling firearms.
More people who sell firearms will have to register to become federally licensed firearms dealers. Likewise, licensed dealers must perform background checks.
5. Creation of new federal statutes against arms trafficking : The legislation makes it easier to prosecute those who buy weapons for people who cannot do so themselves.
6. Change definitions to sellers: The current legal definition of an arms dealer is someone who sells weapons “with the primary objective of earning a living and profit.”
The new law changes that definition to someone who seeks to “predominantly obtain a benefit.”
This definition refers to someone primarily concerned with making a profit rather than other intentions, such as improving or liquidating a personal firearms collection.
But it also applies to people who sell a smaller number of guns, enough to make a profit; not necessarily to make a living.
This provision aims to close the so-called "gun show loophole," which allows unlicensed private sellers to sell weapons without conducting background checks on buyers.
Brady United, a national gun control organization, states on its website that unlicensed dealers are selling firearms online “unregulated and unchecked” thanks to this loophole.
More important information about the Safer Communities Act
The text of this legislation develops the policy areas agreed upon in the bipartisan framework announced on June 12, 2022.
In addition to the provisions explained, the law creates:
- New requirements for the designation of federal firearms license holders.
- Mechanisms to guarantee that people who showed signs of danger when they were minors are properly evaluated when they intend to acquire a firearm.
- New federal rules for so-called "straw" purchases and firearms trafficking
- A 'straw' purchase is any purchase in which an agent agrees to acquire a good or service for someone who is often unable to do so themselves.
- The agent then transfers the goods or services to that person after purchasing them.
Additionally, the law includes new funding available to states to support extreme risk protection laws and crisis prevention programs, as well as funding for mental health resources and school safety programs.
What doesn't the law do?
There are no universal background checks and no mention of raising the age to purchase an AR-15 from 18 to 21.
It is the same assault rifle used in the Uvalde massacre and many other mass shootings.
“When we first met, the four senators who were negotiating made it very clear that we had no intention of raising the age,” said Senator Thom Tillis, Republican of North Carolina, at a press conference.
"What we were trying to do was put in place safety valves, especially for someone who might be in a mental health crisis," he said.
Gun Laws in North Carolina
if you want to buy legally own a gun in North Carolina, you must be at least 21 years old and have a gun purchase permit or a concealed carry permit .
These permits are obtained from your county Sheriff's Office. You will need to complete an application and background check.
The specific requirements for obtaining a permit to purchase a firearm may vary by county, and a nominal fee will generally apply.
To legally purchase a shotgun or rifle must be at least 18 years old . You can purchase the gun from a dealer or through a private sale. There are no permits or background checks required for the purchase of a long gun.
Visible and concealed carrying of weapons
North Carolina is an open carry state, meaning that if you legally own a firearm, you can openly carry it.
“Open carry” means you have a firearm on your person or in your vehicle, and it is visible.
If you want to carry a concealed firearm or hide a gun in the compartment of your car, for example, you need to have a concealed carry permit.
There are limits on where you can carry a firearm, both openly and concealed. Prohibited areas include government buildings, schools, bars, restaurants that serve alcoholic beverages, and any business that displays a "No Weapons Allowed" sign.
Guns in numbers in North Carolina
According to the organization RAND, an estimated 45,8% of North Carolina adults have guns in their homes. The above represents about 3,77 million people.
The report, published by the CBS news site, mentions that, in 2021, 222,166 firearms licenses were granted in North Carolina.
According to the FBI's National Instant Criminal Background Check System for 2020, North Carolina ranked 25th in the country with a total of 361,085 firearms sold.
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