AN ACT TO AMEND STATE FIREARMS LAWS. Enacted July 29, 2013. Sections 1 through 6, 14 through 16, 18, 21, 23, 25, and 26 are effective October 1, 2013, and apply to offenses committed on or after that date. Section 17.3 and 28 are effective July 29, 2013. Section 27 is effective October 1, 2013, and applies to any judgment entered for a felony conviction on or after that date. The remainder is effective October 1, 2013, except as otherwise provided.
Bill Summaries: H937 (2013-2014 Session)
Summary date: Jul 30 2013 - View summary
Summary date: Jul 23 2013 - View summary
Conference report to the 4th edition makes the following changes.
Amends the act's long title.
Deletes the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1.
Amends GS 14-403 to require sheriffs to issue to any person, firm, or corporation in any county a permit (was, license or permit) to purchase or receive any weapon mentioned in the Article. Makes conforming changes.
Amends GS 14-404 to also remove references to a license. Adds that the sheriff's statement to an applicant as to why the sheriff has decided not to issue a permit must cite the specific facts upon which the sheriff decided that the applicant was not qualified for the issuance of a permit and list the applicable law upon which the denial is based. Adds the requirement that the sheriff keep a list of al permit denials, with the reason for the denial noted. Prohibits the list from including information that would identify the application. Makes the list a public record and requires the list to be organized by quarters of the year. Effective July 1, 2014. Adds that excluding weekends and holidays, no later than 48 hours after receiving notice of any of the judicial findings, court orders, or other factual matters relevant to any of the permit disqualifying conditions, the clerk of superior court must transmit a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS). Adds that there is no limit as to the number or frequency of permit applications and no costs or fees other than the $5 permit fee. Requires a sheriff to notice an applicant as to whether the permit will be granted or denied within 14 (was, 30) days of application. Requires the sheriff to revoke any permit upon the occurrence of any event or condition subsequent to the permit issuance, or the applicant's subsequent inability to meet a requirement under the Article, which would have resulted in a denial of the application if the event, condition or inability to meet a statutory requirement had existed at the time of application and before permit issuance. Specifies procedures that apply to revocation.
Unless otherwise indicated, above provisions amending GS 14-404 are effective October 1, 2013.
Requires the Administrative Office of the Courts to report to the Joint Legislative Oversight Committee on Justice and Public Safety by October 1, 2013, on the progress toward implementing GS 14-404(c1) (requirement that clerk transmit findings to the NICS), with recommendations for legislation. Effective when the act becomes law.
Requires the sheriff to decide whether any existing and unexpired permits are subject to revocation no later than January 31, 2014. Requires each sheriff to report by March 31, 2014, to the Joint Legislative Oversight Committee on Justice and Public Safety with the results of the review. Allows the reports to be consolidated by the NC Sheriff's Association. Effective when the act becomes law.
Amends GS 14-405 to require the sheriff's record of issued permits to include issues related to a permit revocation. Specifies that the records are confidential and not a public record, but must be made available pursuant to a court order.
Amends GS 14-315(b1)(1) by removing previous changes and instead amends one of the conditions that must be met for a defense to a violation of the statute to require that the person show that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under GS 14-402 (was, GS 14-402 or GS 14-409.1) for transfer of the weapon to an adult.
Summary date: Jun 12 2013 - View summary
Senate amendment #1 makes the following changes to the 3rd edition.
Amends GS 14-369(b)(4e), providing that the subdivision applies to any person serving as a clerk of court or register of deeds (previously, applied to any person who was elected and serving as a clerk of court or register of deeds). Further provides that this subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds.
Senate amendment #2
Changes the long title.
Adds a new Article 3D, Armed Habitual Felon, to GS Chapter 14. Defines the following terms as they apply in new Article 32: (1) convicted means a person judged guilty or who has pleaded guilty or no contest to a firearm-related felony, (2) firearm-related felony means a felony committed by a person using or displaying a firearm while committing the felony, and (3) status offender means a person who is an armed habitual felon as described in new GS 14-7.36.
Describes an armed habitual felon as a person who has been convicted of or pled guilty to one or more firearm-related felony offenses in any federal or state court in the United States. Provides that the person is guilty of the status offense of armed habitual felon and may be charged with that status offense under this Article. Provides exceptions when this Article does not apply. Also provides that this Article does not apply if the evidence of the use or display of the firearm is needed to prove an element of the firearm-related felony. Also provides that firearm-related felonies committed before the age of 18 will not constitute more than one firearm-related felony.
Requires that any person charged with a firearm-related felony who is also charged with being a status offender must, upon conviction, be sentenced and punished as a status offender under this Article.
Authorizes the district attorney to charge a person as a status offender under this Article at the district attorney's discretion. Provides that to sustain a conviction as a status offender, the person must be charged separately for the principal firearm-related felony and for the status offense of armed habitual felon. Requires that there be separate indictments for each charge. Specifies the required content of an indictment charging a person as a status offender.
Limits the record of prior conviction of a firearm-related felony as admissible in evidence in cases where a person is charged with being a status offender under this Article, only for the purpose of proving the prior conviction.
Specifies procedures for reaching a verdict and judgment and requires a finding by a jury that the defendant is a status offender for the judge to sentence the defendant under this Article. Provides that if the jury does not find the defendant to be a status offender, then the trial judge is to render judgment on the principal firearm-related felony offense as provided by law.
Includes specifications for the sentencing of a person convicted of a firearm-related felony and a status offense. Provides that a person convicted under this Article is to be sentenced as a Class C felon unless the felon has been sentenced as a Class A, B1, or B2 felon. Provides that the minimum term of imprisonment cannot be less than 120 months. Provides additional criteria regarding minimum time and maximum time to be served by a person sentenced under this new Article 3D.
Enacts new GS 15A-1340.12A , directing the presiding judge to determine, when a person is found guilty of a felony offense, whether the defendant used or displayed a firearm while committing the felony. If the the judge determines a firearm was used in the course of committing the felony, then the sentencing court must include in its judgment the fact that the defendant used or displayed a firearm while committing the felony.
Amends the enactment clause of the act, providing Sections 1 through 6, 14 through 18, 21, 23, 25, and 26 of this act become effective October 1, 2013, and apply to offenses committed on or after that date. Section 27 of this act becomes effective October 1, 2013, and applies to any judgment entered for a felony conviction on or after that date
Summary date: Jun 11 2013 - View summary
Senate committee substitute makes the following changes to the 2nd edition.
Changes the long title.
Amends subsections GS 14-269.2(i)(4b) and GS 14-269.2(j)(4b), clarifying that, under specific situations, employees of an institution of higher education or nonpublic post-secondary educational institution, or a public or nonpublic school, residing on campus can have a handgun in the employee's vehicle or posses it outside the premises of the employee's residence when the employee is immediately leaving the campus or is driving directly to his or her residence from off campus (previously, provisions only provided for such possession when the employee was leaving campus).
Amends GS 14-269.2(k), providing that the provisions of this article do not apply to a person with a valid concealed handgun permit or a person who is exempt from obtaining such a permit and has a handgun in a closed compartment or container in the person's locked vehicle or in a locked container affixed to the person's vehicle. Provides that the person can unlock the vehicle to enter or exit provided the firearm remains in the closed compartment at all times and the vehicle is immediately locked upon entrance or exit (previously, set out specific types of educational property required for the exemption to be valid; exemption now applies to all types of educational property).
Amends GS 14-269.3(b), making a technical change.
Amends GS 14-415.17 to prescribe that a sheriff maintain as confidential (1) the list of persons who are issued a gun permit and (2) the information collected by the sheriff to process an application for a gun permit. However, maintains requirements that the sheriff make the list of permit holders and their permit information available upon request to all state and local law enforcement officials. Declares that the permit information and the list of permit holders is not a public record under GS 132-1. Directs the State Bureau of Investigation to make the list of permit holders and the information collected by the sheriff to process an application available to law enforcement officers statewide, but eliminates any requirement to share information with clerks of court on a statewide system.
Amends GS 14-406 to require that a dealer of pistols and other weapons is to keep records of sales confidential and that such records are not a public record under GS 132-1; however, requires the dealer to make the records available upon request to all state and local law enforcement agencies.
Amends GS 14-269.4, clarifying that the exemption for concealed carry permit holders also applies to those who are exempt from obtaining a concealed carry permit because of federal law which authorizes them to carry as current and retired law enforcement officers.
Enacts new subsection (d) to GS 14-277.2, providing an exception to the prohibition of concealed weapons at parades and funeral processions, allowing persons with a concealed carry permit to carry a concealed handgun, as long as the person in legal possession or control of the property on which he or she is carrying has not posted a notice prohibiting concealed handguns.
Amends GS 14-415.21, which provides criminal penalties for violating the conditions of a concealed carry permit, increasing the penalty for carrying on property that has a posted notice prohibiting the carrying of concealed weapons and for carrying concealed weapons while consuming alcohol or alcohol in the person's system from a Class 2 misdemeanor to a Class 1 misdemeanor. Makes a conforming change in GS 14-415.21(b).
Repeals GS 14-402, 14-403, 14-404, 14-405, and 14-407.1, all sections containing provisions regarding the pistol permit system, effectively repealing the pistol permit system. Amends GS 14-315(b1) and GS 20-187.2(a), making conforming changes in regards to the repeal of the pistol permit system.
Deletes changes made to GS 14-404(g) in the previous edition, which provided that an applicant cannot be ineligible to receive a specified permit because of an adjudication of mental incompetence.
Amends GS 14-415.18, requiring a sheriff to revoke the concealed carry permit of any person who has been adjudicated guilty of or receives a prayer for judgment continued for a crime that would have disqualified the permittee from initially receiving a permit. Requires the sheriff to issue a written notice to the permittee of the revocation. Upon receipt of the notice the permittee is required to surrender the permit. Provides for an appeal procedure for the revocation.
Amends GS 14-269(b) and GS 14-415.27, allowing any North Carolina district court or superior court judge, magistrate, clerk of court, or register of deeds that has a concealed handgun permit to be exempt from the general prohibition against carrying a concealed weapon and from the prohibitions of carrying a weapon in certain areas, premises, or in certain circumstances, unless prohibited by federal law, including but not limited to courthouses and correctional facilities.
Amends GS 113-291.1(c), to allow hunting with a suppressor or other device designed to muffle or minimize the report of a firearm that is lawfully possessed.
Amends GS 14-415.10 and GS 14-269(b), concerning retired law enforcement officers, amending the definition of qualified retired law enforcement officer in regards to applying to the carrying of a concealed handgun, making it consistent with the federal law definition. Makes conforming and clarifying changes.
Amends the enactment clause, providing that Sections 1-6, 14-18, 21, 23, and 25 of the act will become effective October 1, 2013, and apply to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of the act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. The remainder of this act becomes effective October 1, 2013.
Summary date: Apr 24 2013 - View summary
House committee substitute makes the following changes to the 1st edition.
Changes the long title.
Makes clarifying changes to GS 14-269(a2).
Amends GS 14-269.2, excluding employees of an institution of higher learning or a nonpublic post-secondary educational institution and employees of a public or nonpublic school (that meets specified requirements) that reside on the campus where they are employed from the provisions of this section when specified criteria are met, including that the employee's residence must be a detached, single-family dwelling where the immediate family resides and the weapon is a handgun possessed and maintained in a specified manner. Specifies where the handgun may be kept or carried when the employee is not authorized to carry a concealed handgun pursuant to GS Chapter 54B.
Amends GS 14-269.2(j) (now, GS 14-269.2(k)), to make conforming changes to include the relevant educational properties and to require that the gun be kept in a closed compartment of a locked vehicle.
Amends GS 14-316, making structural and organizational changes.
Amends GS 122C-54(d1), establishing instances when a record of determination or finding should be transmitted to the National Instant Criminal Background Check System (NICS). The following instances require such a record to be transmitted to NICS no later than 48 hours after receiving notice:
(1) A determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and dangerous to self or others.
(2) A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual's treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in danger to self or others.
(3) A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and dangerous to self or others.
(4) A finding that an individual is not guilty by reason of insanity.
(5) A finding that an individual is mentally incompetent to proceed to criminal trial.
(6) A finding that an individual lacks the capacity to manage the individual's own affairs due to illness, incompetency, or disease.
(7) A determination to grant a petition to an individual for the removal of disabilities pursuant to GS 122C-54.1 or other applicable federal law.
Amends GS 122C-54(d2), providing that the records for involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment are accessible only by an entity having proper access to NICS. Requires the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.
Amends GS 122C-54.1 to allow an individual over age 18 to petition for the removal of disabilities arising out of determinations or findings that prevent the purchasing, possessing, or owning of a firearm upon the expiration of any commitment. Sets out the process, procedures, and standards which must be followed in the granting of the individual's petition by the court.
Amends GS 14-404(g) and GS 14-415.12(c), providing that an applicant is not ineligible to receive a permit because of an adjudication of mental incompetence, incapacity, or illness if the individual's rights have been restored under GS 122C-54.1
Amends GS 14-415.3, providing an exemption to the provisions of this section to persons whose rights have been restored pursuant to GS 122C-54.1.
Amends the effective dates of the act, providing that Sections 1 through 6 become effective October 1, 2013, and apply to offenses committed on or after that date. The remainder of this act becomes effective October 1, 2013.
Summary date: Apr 16 2013 - View summary
Amends GS 14-269 adding subsection (a2) excluding persons who have a concealed handgun permit from provisions in (a) and (a1) prohibiting concealed weapons, as long as the firearm is in a closed compartment or contained in the person's locked vehicle, which is parked in a state government parking lot.
Amends GS 14-269.2 adding subsection (i) excluding an employee of a public institution of higher education who resides on the campus of the institution at which the person is employed and has a concealed handgun permit and the gun is on the premises of the employee's residence or is in a locked container in the employee's locked car, which is parked in one of the institution's parking lots.
Amends GS 14-269.3(b) incorporating structural changes to the format of the statute and adding subsection (5) excluding a person carrying a handgun if the person has a valid permit from prohibition on carrying a handgun into assemblies and establishments where alcohol is sold and consumed.
Amends GS 14-316 incorporating structural changes to the format of the statute and adding subsection (a1) and (a2). Subsection (a1) provides that it is unlawful for any person to knowingly permit a child under 12 years of age to have access to or use a firearm of any kind, whether or not it is loaded, without the consent and supervision of the child's parent or guardian. Subsection (a2) designates a violation of (a1) as a Class 2 misdemeanor.
Amends GS 15A-1340.16A(c) adding subsections (1), (2), and (3) all identifying classes of felonies and corresponding imprisonment sentence ranges for persons who (1) committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and (2) the person actually possessed the firearm or deadly weapon on his or her person.
Amends GS 14-415.23(c) adding subsections (1), (2), and (3) to expand on the areas falling within the scope of "recreational facilities."
Amends GS 14-415.23 adding subsection (d) identifying areas that are not included within the scope of "recreational facilities."
Applies to offenses committed on or after December 1, 2013.