Bill Summaries: S641 (2015-2016 Session)

  • Summary date: Mar 31 2015 - View summary

    Amends GS 14-415.12 (Criteria to qualify for the issuance of a permit), changing the criteria in GS 14-415.12(a)(3) to establish that the applicant does not suffer from a currently diagnosed and ongoing mental disorder, as defined in the most current Diagnostic and Statistical Manual of Mental Disorders (DSM), which a reasonable person would expect to present a danger to the applicant or others. Provides that previous treatment for transient disorders does not disqualify. Also amends the residency requirement to include a permanent resident alien. Amends provisions concerning when a sheriff must deny a permit to an applicant, adding language that provides that if an applicant has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes under the specified statutes within six months prior to the date of an application, then the sheriff must deny a permit. Amends the language in GS 14-415.12(b)(3) concerning applicants that have been adjudicated guilty of specified felonies, providing that a permit cannot be issued for an applicant that has been found guilty of a violent felony unless the person's firearms rights have been restored pursuant to GS 14-415.4 (previously, if guilty of a felony unless the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade). Provides that for the purposes of the section, a violent felony will be defined as any felony not listed as a nonviolent felony in GS 14-415.4(a)(2). Makes clarifying changes. 

    Amends GS 14-415.13 concerning required information for application of a concealed handgun permit, providing that sheriffs cannot request employment information, character affidavits, additional background checks, photographs, or other information unless specifically provided for under GS Chapter 14, Article 54B. 

    Amends GS 14-415.15 concerning the issuance or denial of permits, adding language that requires a sheriff to issue or deny a permit within 90 calendar days from the date of application submission, regardless of the receipt of required records concerning the mental health or capacity of the applicant. Provides that sheriffs are only authorized to investigate the mental health history of an applicant for the period of time beginning 120 months prior to the application. Adds provision prohibiting a charge for records concerning the mental health of an applicant if they are requested for the purpose of conducting an investigation for a permit to carry a concealed handgun.  Deletes a provision that previously provided that a decision by a district court judge on a permit denial would be final.  

    Amends GS 14-415.19 (Fees) by adding a new subsection GS 14-415.19(c), providing that no fees other than those authorized under this statute will be charged for the application, renewal, or duplication of a permit issued under this Article, even for the cost of processing fingerprints, even if costs were incurred by the sheriff.

    Effective October 1, 2015, applying to applications submitted on or after that date.