Senate Bill 41 passes, big changes come to handgun purchases

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Those looking to purchase a handgun in North Carolina will no longer have to obtain a purchase permit from a sheriff’s office in the state, a Senate Bill passed into law this past week says. 

Senate Bill 41, Guarantee Second Amendment Freedom and Protections, eliminates all pistol purchase permitting laws in the state. 

It was approved by the General Assembly this past month and sent to Gov. Roy Cooper for his signature. 

Eight days later, Cooper vetoed the bill. The Senate and House both overrode his veto by three-fifths votes. It’s the first time the House has overridden a Cooper veto since 2018. 

The bill became law immediately after the House overrode the veto. 

All sheriffs in the state were notified of the change via an email from Eddie Caldwell, Jr., executive vice president and general counsel of the North Carolina Sheriff’s Association. 

Applications for purchase permits submitted before the bill’s approval are void. The new law requires sheriffs to cease processing all purchase permits effective immediately. 

Anyone purchasing a handgun through a firearms dealer will still undergo a criminal background check through the National Instant Criminal Background Check System, as required by law. If the check reveals a criminal history, the person will be disqualified from the sale. 

While private sales don’t require a background check through NICS, criminal penalties may still apply to any person who knowingly transfers a handgun to someone who may not lawfully possess one. 

The purchase permit changes do not affect concealed carry laws. Individuals must still meet all of the application steps for concealed carry permits that were in place prior. 

The bill’s passage was met with mixed responses across the political spectrum. Attorney General Josh Stein expressed concern through a statement shortly after the news broke. 

“Today’s move by the General Assembly to repeal our pistol permit law has made our communities less safe,” he said. “Now, dangerous people – like violent criminals and domestic abusers – will be able to more easily get their hands on guns.”

Sen. Danny Britt (R-Lumberton), one of the bill’s primary sponsors, doubled down on the idea that the bill’s passage doesn’t make communities less safe. 

The news of the approval came near a school shooting at Covenant School of Nashville. 

“I would hope that no one uses the tragedy that occurred in Nashville to score political points,” Britt said on the Senate floor. “What we’re doing in this bill would not impact the situation in Nashville. What we’re doing in this bill would not make people less safe.”