§ 14-288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.
§ 14‑288.8. Manufacture, assembly, possession, storage, transportation, sale, purchase,delivery, or acquisition of weapon of mass death and destruction; exceptions.
(a) Except as otherwiseprovided in this section, it is unlawful for any person to manufacture,assemble, possess, store, transport, sell, offer to sell, purchase, offer topurchase, deliver or give to another, or acquire any weapon of mass death anddestruction.
(b) This section doesnot apply to:
(1) Persons exemptedfrom the provisions of G.S. 14‑269 with respect to any activitieslawfully engaged in while carrying out their duties.
(2) Importers,manufacturers, dealers, and collectors of firearms, ammunition, or destructivedevices validly licensed under the laws of the United States or the State ofNorth Carolina, while lawfully engaged in activities authorized under theirlicenses.
(3) Persons undercontract with the United States, the State of North Carolina, or any agency ofeither government, with respect to any activities lawfully engaged in undertheir contracts.
(4) Inventors,designers, ordnance consultants and researchers, chemists, physicists, andother persons lawfully engaged in pursuits designed to enlarge knowledge or tofacilitate the creation, development, or manufacture of weapons of mass deathand destruction intended for use in a manner consistent with the laws of theUnited States and the State of North Carolina.
(c) The term"weapon of mass death and destruction" includes:
(1) Any explosive orincendiary:
a. Bomb; or
b. Grenade; or
c. Rocket having apropellant charge of more than four ounces; or
d. Missile having anexplosive or incendiary charge of more than one‑quarter ounce; or
e. Mine; or
f. Device similar toany of the devices described above; or
(2) Any type of weapon(other than a shotgun or a shotgun shell of a type particularly suitable forsporting purposes) which will, or which may be readily converted to, expel aprojectile by the action of an explosive or other propellant, and which has anybarrel with a bore of more than one‑half inch in diameter; or
(3) Any firearm capableof fully automatic fire, any shotgun with a barrel or barrels of less than 18inches in length or an overall length of less than 26 inches, any rifle with abarrel or barrels of less than 16 inches in length or an overall length of lessthan 26 inches, any muffler or silencer for any firearm, whether or not suchfirearm is included within this definition. For the purposes of this section,rifle is defined as a weapon designed or redesigned, made or remade, andintended to be fired from the shoulder; or
(4) Any combination ofparts either designed or intended for use in converting any device into anyweapon described above and from which a weapon of mass death and destructionmay readily be assembled.
Theterm "weapon of mass death and destruction" does not include anydevice which is neither designed nor redesigned for use as a weapon; anydevice, although originally designed for use as a weapon, which is redesignedfor use as a signaling, pyrotechnic, line‑throwing, safety, or similardevice; surplus ordnance sold, loaned, or given by the Secretary of the Armypursuant to the provisions of section 4684(2), 4685, or 4686 of Title 10 of theUnited States Code; or any other device which the Secretary of the Treasuryfinds is not likely to be used as a weapon, is an antique, or is a rifle whichthe owner intends to use solely for sporting purposes, in accordance withChapter 44 of Title 18 of the United States Code.
(d) Any person whoviolates any provision of this section is guilty of a Class F felony. (1969, c. 869, s. 1; 1975, c.718, ss. 6, 7; 1977, c. 810; 1983, c. 413, ss. 1, 2; 1993, c. 539, s. 1228;1994, Ex. Sess., c. 24, s. 14(c); 2001‑470, s. 3.)