SUBCHAPTER 09F ‑ CONCEALED HANDGUN TRAINING

 

SECTION .0100 ‑ CONCEALED HANDGUN TRAINING PROGRAM

 

12 NCAC 09F .0101          PURPOSE

In order to ensure a minimum level of familiarization and proficiency in specific topical areas for citizens who lawfully carry handguns concealed, the Commission establishes these rules for the concealed handgun training program and the administration of the program.

 

History Note:        Authority G.S. 14‑415.12; 14‑415.13; 1995 S.L., c. 507 s. 22;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

 

12 NCAC 09F .0102          TOPICAL AREAS

The course entitled "Concealed Carry Handgun Training" shall consist of eight hours of instruction and shall include the following identified topical areas:

(1)           Legal Issues (two hours): The student shall be able to explain the following:

(a)           the types of situations when the use of deadly physical force would be justified;

(b)           list the areas where the carrying of a concealed handgun is prohibited;

(c)           the requirements for handgun storage under G.S. 14-315.1; and

(d)           the laws governing the carrying of a concealed handgun.

The instructor shall determine the student's level of understanding of the relevant legal issues by administering a written examination.

(2)           Handgun Nomenclature: The instructor shall identify to the students the primary parts of the revolver and semiautomatic handgun.

(3)           Handgun Safety: The students shall be able to:

(a)           list at least four rules of safe gun handling and demonstrate all of these procedures during range exercises;

(b)           list four methods of safely storing a handgun and choose the method most appropriate for their personal use;

(c)           describe safety issues relating to the safe carry of a handgun; and

(d)           determine the proper storage of their handguns when there are minors in the home.

(4)           Handgun Fundamentals: The instructor shall demonstrate to the students:

(a)           how to load both a revolver and a semiautomatic handgun;

(b)           how to unload both a revolver and a semiautomatic handgun; and

(c)           the operational characteristics of the revolver and the semiautomatic handgun.

(5)           Marksmanship Fundamentals: The student shall be able to:

(a)           demonstrate a proper handgun grip;

(b)           demonstrate either the Weaver or Isosceles Stance;

(c)           describe the elements of sight alignment and sight picture; and

(d)           demonstrate trigger control in a dry fire exercise.

(6)           Presentation Techniques: The instructor shall demonstrate to the students the draw or presentation of the revolver and semiautomatic handgun with a variety of holster types.

(7)           Cleaning and Maintenance: The instructor shall demonstrate to the student:

(a)           how to "field strip" the handguns if the handgun can be field stripped;

(b)           how to perform a "Function Check"; and

(c)           based on the manufacturer's recommendations, list the lubrication points of the specific handguns being demonstrated.

(8)           Ammunition: The instructor shall list and explain the four components of ammunition.

 

History Note:        Authority G.S. 14-415.12;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Amended Eff. November 1, 2014; February 1, 2013; May 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. October 1, 2019.

 

12 NCAC 09F .0103          APPROVAL OF COURSES

(a)  An approved course is one that:

(1)           meets or exceeds the criteria as specified in Rule .0102 of this Section;

(2)           is certified or sponsored by one of the agencies listed in G.S. 14‑415.12(a)(4)(a), (b), and (c); and

(3)           is approved by the Commission.

(b)  The Commission shall review and ensure that submitted courses meet or exceed the general guidelines as specified in Rule .0102 of this Section.

(c)  Courses submitted for review shall be submitted by the instructor who is to deliver the instruction by mailing the course to the Commission.

(d)  Any modification of an approved course shall be submitted for approval and approved prior to the delivery of any such modified course and shall be submitted by the instructor who is to deliver the instruction by mailing the course to the Commission.

 

History Note:        Authority G.S. 14‑415.12;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

 

12 NCAC 09F .0104          INSTRUCTOR QUALIFICATIONS

(a)  To be approved to deliver the" Concealed Carry Handgun Training" course, instructors shall:

(1)           hold one of the following certifications:

(a)           "Specific Instructor Certification-Firearms" issued by the Commission;

(b)           Private Protective Services Firearms Trainer Certification; or

(c)           "Firearms Instructor Certification" in Personal Protection, Basic Pistol, or Police Firearms issued by the National Rifle Association;

(2)           hold a certificate issued by the North Carolina Justice Academy showing completion of the course "Laws Governing Concealed Handgun and Use of Deadly Force"; and

(3)           be eligible to receive or possess a firearm under Federal and North Carolina State Law.

(b)  If the instructor fails to file with the Commission a concealed carry handgun course outline and proof of firearm's instructor certification as specified in Paragraph (a)(1) of this Rule for two consecutive years, he or she must repeat the course "Laws Governing Concealed Handgun and Use of Deadly Force" conducted by the North Carolina Justice Academy, provide to the Commission proof of a current firearms instructor certification as specified in Paragraph (a)(1) of this Rule, and maintain eligibility to possess a firearm as specified in Paragraph (a) of this Rule prior to instructing a concealed carry handgun course.

(c)  The instructor shall notify the Criminal Justice Standards Division of all court orders, domestic violence orders of protection, and criminal offenses for which the instructor is charged which would prohibit the instructor from being eligible to receive or possess a firearm under Federal and North Carolina State Law. The notifications required under this Paragraph must be in writing, must specify the nature of the offense, the court in which the case is being handled, the date of arrest, court order, and domestic violence order of protection or criminal charge. The notification required under this Paragraph must be received by the Criminal Justice Standards Division within 10 days of the date of the court order, domestic violence order of protection, arrest, or criminal charge.

 

History Note:        Authority G.S. 14-415.12;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Amended Eff. November 1, 2015; September 1, 2005; May 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

 

12 NCAC 09F .0105          INSTRUCTOR RESPONSIBILITIES

In delivering the "Concealed Carry Handgun Training" course the instructor shall:

(1)           have a valid Concealed Carry Handgun instructor certification issued by the Criminal Justice Standards Division;

(2)           file a copy of the proposed firearms course description, outline, and proof of instructor certification along with a written request to conduct the "Concealed Carry Handgun Training" course for approval by the Commission prior to delivery of any instruction required by G.S. 14-415.12;

(3)           file a copy of all modifications;

(4)           be issued by Commission staff a quantity of certificates as requested by the instructor for course participants that shall bear the instructor's name, the instructor's assigned number, be sequentially numbered, and bear the raised seal of the Commission;

(5)           if a Concealed Carry Handgun Instructor relinquishes his or her certification and wants to transfer his or her assigned participants' certificates to another Concealed Carry Handgun instructor, a written request shall be submitted to the Criminal Justice Standards Division Director for approval. The written request shall include the following:

(a)           instructor name and identification number;

(b)           name of business;

(c)           business phone number and email address;

(d)           recipient instructor name and identification number;

(e)           recipient business name;

(f)            recipient business phone number, email address; and

(g)           list of the assigned certificate numbers for participants to be transferred;

(6)           affix the student's name to one certificate and issue that certificate to the student who successfully completes the "Concealed Carry Handgun Training" course;

(7)           conduct the training consistent with the guidelines established in Rule .0102 of this Section;

(8)           administer a written examination, that includes at a minimum questions provided by the Commission, which the student shall pass with a minimum score of 70 percent on the questions provided by the Commission; and

(9)           administer a proficiency examination that demonstrates the student is competent in the firing and safe handling of a handgun. Such examination shall include, at a minimum, the following:

(a)           The student fires 30 rounds of ammunition at a bulls-eye or silhouette target from three, five, and seven yard distances;

(b)           At each yard distance the student shall fire a minimum ten rounds; and

(c)           21 of the 30 rounds fired by the student hit the target.

 

History Note:        Authority G.S. 14-415.12; 14-415.13;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Amended Eff. April 1, 2018; May 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019;

Amended Eff. January 1, 2020; August 1, 2019.

 

12 NCAC 09F .0106          SANCTIONS

(a)  The Commission shall suspend an approved course if the Commission finds that the course has failed to meet or maintain the required standards for approval, pursuant to Rule .0103 of this Section.

(b)  The Commission, through the Standards Division, shall randomly conduct unannounced audits of a Concealed Carry Handgun course taught by a certified Concealed Carry Handgun instructor for compliance with the requirements of this Subchapter.

(c)  The Commission shall deny, suspend, or revoke the certification of instructor status if the Commission finds that the instructor:

(1)           failed to meet or maintain the required course and instruction standards approved by the Commission as set forth in 12 NCAC 09F .0102 or 12 NCAC 09F .0105;

(2)           failed to submit modification of courses or change in instructor status;

(3)           submitted any non-sufficient funds check;

(4)           falsified any record of completion with a passing score of an approved course;

(5)           distributed any certificate provided by the Commission without the named permittee undertaking the approved course from that instructor;

(6)           taught any Concealed Carry Handgun course or approved certification while the instructor's certification was suspended by the Commission;

(7)           is ineligible to receive and possess a firearm under federal or North Carolina state law; or

(8)           instructs a class without having a valid Concealed Carry Handgun Instructor Certification as established in 12 NCAC 09F .0104.

(d)  Instructors who have lost certified status pursuant to Subparagraphs (1), (2), or (3) of Paragraph (c) of this Rule may reapply for certification upon documentation of compliance after one year has elapsed from the date of suspension of the instructor's certification by the Commission. Instructors who have lost certified status pursuant to Subparagraphs (4), (5), (6), or (7) of Paragraph (c) of this Rule shall have their certification suspended or permanently revoked by the Commission as set forth in 12 NCAC 09A .0206.

 

History Note:        Authority G.S. 14-415.12; 14-415.13;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Amended Eff. April 1, 2018; May 1, 2016; February 1, 2007; September 1, 2005; May 1, 2004;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.

 

12 NCAC 09F .0107          FILING AND FEES

(a)  Each instructor of an approved course shall file with the Commission a copy of the firearms course description, outline, and proof of instructor certification at least annually, or upon modification of the course if it occurs before the annual certification. A fee of fifty dollars ($50.00) shall be submitted for the initial and annual filing of a course. If modification of the course occurs before the renewal filing date, a fee of twenty-five dollars ($25.00) shall be charged.

(b)  Instructors shall, in writing, request the number of certificates needed and shall remit a fee of two dollars ($2.00) per certificate with a minimum request of 25 certificates per instructor. Requests for certificates shall be sent to:

Criminal Justice Standards Division

North Carolina Department of Justice

1700 Tryon Park Drive

Post Office Drawer 149

Raleigh, North Carolina 27602

All such fees shall be paid by certified check made payable to the North Carolina Department of Justice.

 

History Note:        Authority G.S. 14-415.12; 150B-19(5); 1995 S.L., c. 507 s. 22;

Temporary Adoption Eff. November 1, 1995;

Eff. May 1, 1996;

Amended Eff. February 1, 2014; November 1, 1998;

Pursuant to G.S. 150B-21.3A, rule is necessary without substantive public interest Eff. May 25, 2019.