AMEND FIREARM LAWS.

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View NCGA Bill Details2015-2016 Session
House Bill 562 (Public) Filed Thursday, April 2, 2015
AN ACT TO AMEND VARIOUS FIREARM LAWS.
Intro. by Schaffer, Burr, Cleveland, Faircloth.

Status: Ch. SL 2015-195 (House Action) (Aug 5 2015)

SOG comments (4):

Long Title Change

House committee substitute to the 1st edition makes changes to the long title. The original title was as follows:

AN ACT TO ALLOW DISTRICT ATTORNEYS TO CARRY CONCEALED HANDGUNS IN COURTROOMS, TO PROVIDE THAT PROHIBITIONS ON CARRYING CONCEALED HANDGUNS DO NOT APPLY TO CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES, TO AMEND LAWS RELATING TO CONCEALED HANDGUNS ON EDUCATIONAL PROPERTY, TO PROHIBIT CONCEALED HANDGUNS ON RIDES AT THE STATE FAIR, TO ELIMINATE PISTOL PERMITS, TO REQUIRE CHIEF LAW ENFORCEMENT OFFICERS TO COMPLETE CERTIFICATIONS REQUIRED BY FEDERAL LAW, TO REQUIRE EMPLOYERS TO ALLOW EMPLOYEES TO SECURE A HANDGUN IN THEIR VEHICLE, TO AMEND THE SHOOTING RANGE PROTECTION ACT, TO ENSURE FEDERAL RECOGNITION OF STATE FIREARM RIGHT RESTORATION, TO MODIFY THE MISDEMEANOR CONVICTIONS THAT PREVENT ISSUANCE OF A CONCEALED HANDGUN PERMIT, TO IMPLEMENT SIGN REQUIREMENTS FOR PRIVATE PROPERTY OWNERS THAT CHOOSE TO PROHIBIT CONCEALED HANDGUNS, AND TO ALLOW HUNTING WITH SUPPRESSORS ON SHORT-BARRELED RIFLES.

Long Title Change

House committee substitute to the 1st edition makes changes to the long title. The original title was as follows:

AN ACT TO ALLOW DISTRICT ATTORNEYS TO CARRY CONCEALED HANDGUNS IN COURTROOMS, TO PROVIDE THAT PROHIBITIONS ON CARRYING CONCEALED HANDGUNS DO NOT APPLY TO CERTAIN DEPARTMENT OF PUBLIC SAFETY EMPLOYEES, TO AMEND LAWS RELATING TO CONCEALED HANDGUNS ON EDUCATIONAL PROPERTY, TO PROHIBIT CONCEALED HANDGUNS ON RIDES AT THE STATE FAIR, TO ELIMINATE PISTOL PERMITS, TO REQUIRE CHIEF LAW ENFORCEMENT OFFICERS TO COMPLETE CERTIFICATIONS REQUIRED BY FEDERAL LAW, TO REQUIRE EMPLOYERS TO ALLOW EMPLOYEES TO SECURE A HANDGUN IN THEIR VEHICLE, TO AMEND THE SHOOTING RANGE PROTECTION ACT, TO ENSURE FEDERAL RECOGNITION OF STATE FIREARM RIGHT RESTORATION, TO MODIFY THE MISDEMEANOR CONVICTIONS THAT PREVENT ISSUANCE OF A CONCEALED HANDGUN PERMIT, TO IMPLEMENT SIGN REQUIREMENTS FOR PRIVATE PROPERTY OWNERS THAT CHOOSE TO PROHIBIT CONCEALED HANDGUNS, AND TO ALLOW HUNTING WITH SUPPRESSORS ON SHORT-BARRELED RIFLES.

Short and Long Title Changes

House committee substitute to the 2nd edition makes changes to the short and long titles. The original titles are as follows:

AMEND FIREARM LAWS.

AN ACT TO AMEND VARIOUS FIREARMS LAWS.

Short and Long Title Changes

House committee substitute to the 3rd edition makes changes to the short and long titles. The original titles were as follows:

SECOND AMENDMENT AFFIRMATION ACT.

AN ACT TO ENACT THE SECOND AMENDMENT AFFIRMATION ACT.

Bill History:

H 562/S.L. 2015-195

Bill Summaries:

  • Summary date: Aug 10 2015 - View Summary

    AN ACT TO AMEND VARIOUS FIREARM LAWS. Enacted August 5, 2015. Subsections (a), (b), and (c) of Section 1, and Sections 2, 3, 7, 8, and 13 are effective July 1, 2015. Section 5 is effective July 1, 2015, but will not apply to pending litigation. Sections 9 and 10 are effective December 1, 2015. Section 14 is effective October 1, 2015. The remainder is effective August 5, 2015.


  • Summary date: Jun 17 2015 - View Summary

    House amendments make the following changes to the 6th edition.

    Amendment #10 

    Amends GS 14-403, Permit issued by sheriff; form of permit; expiration of permit, to require that the permit form be created by the State Bureau of Investigation (was, the Department of Public Safety). Makes clarifying changes and adds language that requires that the standard permit be used statewide by the sheriffs of all counties and, when issued, must contain an embossed seal unique to the issuing sheriff. No longer requires a watermark. Consolidates duplicate versions of the statute.

    Provides that permits properly issued before the above provisions are effective remain valid until expiration. Provides for the exchanging of valid permits for an updated version of the permit.

    Requires the State Bureau of Investigation to make reasonable efforts to alert federally licensed firearm dealers in North Carolina of the new permit appearance and requirements implemented above.

    Amends proposed GS 14-404(e) to provide that the required application for a permit pursuant to this section must be on a form created by the State Bureau of Investigation (was, to be created by the Department of Public Safety). 

    Amends the effective date provisions of the bill to provide that Section 9 of the bill (amending GS 14-415.21) is effective December 1, 2015, applying to offenses committed on or after that date. Clarifies that all of Section 10, including the above changes, is effective December 1, 2015, applying to permits issued on or after that date. 

    Deletes proposed GS 14-402(a1).

    Amendment #13

    Amends GS 14-415.15(a) to require the sheriff to request records regarding the mental health or capacity of a concealed handgun permit applicant within 10 days (was, 15 days) of receiving the items listed in GS 14-415.13. Also adds language that provides that individuals, companies, mental health providers, or governmental entities cannot charge additional fees to applicants for background checks conducted pursuant to GS 14-415(a). 

    Amendment #18

    Directs the Department of Public Safety, in consultation with the Office of Information Technology Services and the Federal Bureau of Investigation, to study the development of a system to allow a background check to be conducted in private transfers of firearms. Sets out what system access the study should consider, including the consideration of access to the National Instant Criminal Background Check System by sellers or transferors. Requires the report to be submitted to the Joint Legislative Oversight Committee on Justice and Public Safety on or before January 1, 2019. 


  • Summary date: Jun 16 2015 - View Summary

    House amendments make the following changes to the 4th edition.

    Amendment #1

    Deletes language that repealed the following statutes: GS 14-402 (Sale of certain weapons without permit forbidden), 14-403 (Permit issued by sheriff; form of permit; expiration of permit), GS 14-404 (Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee), GS 14-405 (Record of permits kept by sheriff; confidentiality of permit information), and GS 14-407.1 (Sale of blank cartridge pistols).

    Deletes proposed changes to GS 14-315(b1), which deleted language that provided that a person producing evidence that a minor used an apparently valid permit to receive a weapon is a partial defense to the violation of selling or giving weapons to minors. Also deletes proposed changes to GS 14-402(a), which provided that it was not unlawful for a person to purchase or receive a pistol without a permit from a dealer licensed under 18 USC Section 922 who conducts a background check via the National Instant Criminal Background Check System (NCIS) at the time the pistol is purchased or received.

    Amends GS 14-402, Sale of certain weapons without permit forbidden, adding language which provides that the provisions of this section do not apply to purchases made from dealers licensed pursuant to 18 USC 922.

    Makes conforming changes. 

    Amendment #2

    Amends GS 14-403, Permit issued by sheriff; form of permit; expiration of permit, adding that weapon permits issued pursuant to GS Chapter 14, Article 52A, must be in a (1) standard form as created by the State Bureau of Investigation, (2) of uniform size and material, (3) designed to minimize the ability to be counterfeited or replicated, and (4) contain a watermark. Also requires that the standard permit be used statewide by the sheriffs of all counties and, when issued, must contain an embossed seal unique to the issuing sheriff. Effective December 1, 2015, applying to permits issued on or after that date.

    Provides that permits properly issued before the above provisions are effective remain valid until expiration. Provides for the exchanging of valid permits for an updated version of the permit.

    Requires the Department of Public Safety to make reasonable efforts to alert federally licensed firearm dealers in North Carolina of the new permit appearance and requirements implemented above.

    Amendment #3 

    Authorizes the Administrative Office of the Courts to use up to $20,000 of funds available to it from the Court Information Technology Fund for the 2014-2015 fiscal year to comply with portions of subsection (d) [was, comply with subsection (d)] of Section 11 of this act applicable to the Administrative Office of the Courts.

    Provides that Section 9 of this act, which amends GS 14-415.21, becomes effective December 1, 2015 (was, July 1, 2015), and applies to offenses committed on or after that date.

    Makes multiple technical corrections to this act. 

    Amendment #4

    Amends GS 14-415.12(b), which requires the sheriff to deny a permit for a concealed handgun permit for certain violations as specified, providing that violations of GS 14-33(a) (simple assault and battery) do not require a permit denial. Amends language to provide that a permit denial for violations of GS 14-415.26(d) (concerning falsification as a qualified retired law enforcement officer) can only be issued for violations which have occurred within the three years prior to the date the permit application was submitted (was, permit was denied for all specified violations of GS 14-415.26(d)).

    Amends GS 14-415.12(b) to rewrite subdivision (8a) to provide that the sheriff is to deny a permit to an applicant who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more misdemeanor violations of GS 14-33(c1), GS 14-33(c2), GS 14-33(c3), GS 14-33(d), GS 14-277.3A, GS 14-318.2, GS 14-134.3, GS 50B-4.1, or former GS 14-277.3 (previously, subsection required the denial of permits as provided for violations of GS 14-277.3A or former GS 14-277.3 within five years prior to the date the application is submitted). 

    Amendment #5

    Deletes subsections (a) of Section 10 of this act, which repealed GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1 regarding the sale of weapons in certain counties and permit requirements for weapons. Also deletes subsection (b), which amended GS 14-315(b1) and subsection (c), which amended GS 14-402(a).

    Adds a new Section 10(a) to this act, which amends GS 14-403 to provide that the permit issued by county sheriffs of all counties in the state to purchase, receive, sell, or dispose of any weapon mentioned in this Article must be in a standard form as created by the Department of Public Safety (DPS) in consultation with the North Carolina Sheriffs’ Association (Association). Requires that the permit be of a uniform size and material, be designed to minimize the ability to counterfeit or replicate the permit, and contain a raised seal. 

    Adds a new Section 10(b), which amends GS 14-404 regarding issuing or refusing to issue a weapons permit. Directs the sheriff to only consider an applicant’s conduct and criminal history for the five-year period immediately preceding the date of the application for the purpose of determining an applicant’s good moral character as criteria for receiving a permit. Provides that a refusal to issue a permit may be appealed to the superior court in the district in which the application was filed (was, to the chief judge of the district court for the district in which the application was filed).

    Enacts a new subsection (e1) to GS 14-404 to provide that the application for a permit is to be on a form created by DPS in consultation with the Association, which must be used by all sheriffs and must be provided electronically and in paper form. Specifies that the applicant for a permit is only required to submit the following: (1) the permit application, (2) $5 for each permit requested, (3) a government issued proof of identity, (4) proof of residency, and (5) a signed release in a form prescribed by the Administrative Office of the Courts, with disclosures concerning the mental health or capacity of the applicant, in order to determine the applicant's qualification or disqualification to receive a permit. Prohibits requiring any additional documents or evidence from any applicant. Requires a person or entity to promptly disclose information regarding an applicant’s mental health or capacity to the sheriff upon presentation by the applicant or sheriff of either the original release form described in subsection (e1) or a photocopy of the release.

    Provides that Section 10, as amended, becomes effective October 1, 2021, and applies to offenses committed on or after that date. 

    Amendment #6

    Deletes proposed GS 120-32.1(c2), which permitted a legislator or legislative employee with a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under GS 14-415.24, to carry a concealed handgun on the premises of the state legislative buildings and grounds. Makes conforming deletions to GS 14-415.11(c3) reflecting the above deletion.

    Amendment #7

    Deletes proposed GS Chapter 90, Article 1L, Preserving Firearms Privacy for Patients and makes conforming changes to the effective date provisions. 


  • Summary date: Jun 3 2015 - View Summary

    House committee substitute makes the following changes to the 3rd edition.

    Amends the short title and the long title of the bill.

    Amends GS 106-503.2 to delete language requiring that any prohibition under this section, which regulates firearms at the State Fair, be conspicuously posted in compliance with GS 14-415.28.

    Makes technical corrections to subsection (b) of GS 14-269, renumbering the subdivisions accurately. Makes all changes to (b) effective July 1, 2015 (was, October 1, 2015).

    Deletes Section 10(d) of this act regarding determining the feasibility of reporting additional information to the National Instant Criminal Background Check System (NICS) from the state's court and law enforcement records.

    Amends GS 14-269.4, which makes it unlawful for a person to possess or carry weapons on certain state property and in courthouses, to provide that this restriction does not apply to a person who possesses or carries an ordinary pocket knife, as defined in GS 14-269(d), in a closed position into the State Capitol Building or on the grounds of the State Capitol Building. Effective July 1, 2015.

    Amends GS 120-32.1, enacting new subsection (c2), to provide that a legislator or legislative employee with a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under GS 14-415.24, may carry a concealed handgun on the premises of the state legislative buildings and grounds. Requires that the legislator or legislative employee provide notice to the Chief of the General Assembly Special Police or the Chief's designee, before carrying the handgun on the premises of the legislative buildings and grounds.

    Amends GS 14-415.11(c)(3) to make a conforming change providing the exception as indicated in GS 120-32.1(c2), allowing legislators or legislative employees with a concealed handgun permit to carry a concealed handgun on the premises of the state legislative buildings and grounds.

    GS 14-415.12(b) requires the sheriff to deny a permit to concealed handgun permit applicants covered by criteria as listed in the subsection. Amends GS 14-415.12(b) to rewrite subdivision (8a) to provide that the sheriff is to deny a permit to an applicant who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more misdemeanor violations of GS 14-277.3A or former GS 14-277.3 within five years prior to the date the application is submitted. Makes a technical correction, renumbering subdivisions previously numbered (8a) as (8b) and (8b) as (8c). Makes conforming and technical changes to GS 14-415.12(b)(8). Effective July 1, 2015 (was, October 1, 2015).

    Amends GS 14-402(a), which specifies when it is unlawful to sell, give away, transfer, purchase or receive a pistol in this state, to provide that it is not unlawful for a person to purchase or receive a pistol from a dealer licensed under 18 USC Section 922 who conducts a background check via the National Instant Criminal Background Check System (NCIS) at the time the pistol is purchased or received. Effective October 1, 2018.

    Amends GS 14-404 to direct the sheriff to only consider a pistol permit applicant's conduct and criminal history for the five-year period immediately preceding the date of the application for purposes of determining the applicant's good moral character. Requires that the application for a permit be on a form created by the department of Public Safety in consultation with the NC Sheriff's Association and that all sheriffs use this application and provide the application in both electronic form and paper form. Provides that the applicant for a permit needs only to submit the following: (1) the permit application, (2) $5 for each permit requested, (3) a government issued identification that confirms the applicant's identity, (4) proof of residency, and (5) a signed release in a form prescribed by the Administrative Office of the Court, which authorizes and requires disclosure to the sheriff of any court orders concerning the applicant's mental health or capacity for the purpose of determining if the applicant is disqualified to receive a permit under this section. Requires that a person or entity promptly disclose any court orders concerning the mental health or capacity of the applicant upon presentation of an original or photocopy of the signed release. Prohibits requiring any additional document or evidence from any applicant. Provides that an applicant may appeal a refusal by the sheriff to issue a permit by way of a petition to superior court (was, the chief judge of the district court) in the district in which the application was filed. Effective December 1, 2015.

    Repeals GS 122C-54(d1), (concerning determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) under the statute governing exceptions and abuse reports and court proceedings). Effective January 1, 2016.

    Recodifies GS 122C-54.1 (Restoration process to remove mental commitment bar) as GS 14-409.42.

    Repeals GS 14-404(c1) (transmission of information to NICS under the statute concerning refusals to issue pistol permits).

    Enacts new GS 14-409.43, Reporting of certain disqualifiers to the NICS,establishing seven instances when a record of determination or finding should be transmitted to the NICS no later than 48 hours after receiving notice, including when there is 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 and when there is a finding that an individual is not guilty by reason of insanity. Sets out reporting requirements for additional circumstances including after receiving notice of a felony warrant, indictment, or criminal summons by the Administrative Office of the Courts (AOC) or specified orders issued by a judge. Effective January 1, 2016.

    Amend 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 the sheriff or the sheriff's designee for the purposes of conducting background checks as specified. Deletes language which required the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.

    Amends GS 14-404(a) (concerning the issuance or refusal of pistol permits) and GS 14-415.13(a) (concerning the application for a concealed handgun permit), adding language to both that provides that the required application forms pursuant to those subsections must be provided electronically by the sheriff. Amends GS 14-415.13(a) to prohibit a sheriff from requesting employment information, character affidavits or any additional background checks or other information unless collection of such information is specifically permitted by this Article. Effective October 1, 2015.

    Amends GS 15A-502 adding new subsections that provide that it is the duty of an arresting law enforcement agency to fingerprint a person charged with the commission of specified misdemeanors, including GS 14-134.3 (Domestic criminal trespass), GS 20-138.1 (Impaired driving), or GS 90-95(d) (Possession of a controlled substance). Also provides that arresting law enforcement agencies are required to get as much of the specified personal identifying information as possible; such information includes names, addresses, social security number, relationship to the alleged victim, date of birth, sex, or race. Also requires arrestinglaw enforcement agencies to fingerprint and forward the fingerprints to the NICS of all individuals charged with the misdemeanor offense of assault, stalking, or communicating a threat and held under GS 15A-534.1. Requires magistrates to enter all information provided by the arresting law enforcement agencies into the court information system. Effective October 1, 2015.

    Makes technical and organizational changes.

    Directs the AOC to use the sum of up to $20,000 available to it for the 2014-2015 fiscal year from the Court Information Technology Fund to comply with the reporting provisions found in GS 14-409.43, as enacted in this bill, as well as to provide all the specified historical records to the NICS, including active and unserved felony warrants, indictments, criminal summonses, and orders for arrest from all counties. Directs the AOC to report, no later than January 1, 2018, to the Joint Legislative Oversight Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Information Technology on its progress made towards providing the information required by subsection (d) of this section and providing the historical records to NICS.

    Amends GS 14-404(g), 14-415.3(c), and 14-415.12(c), to make conforming changes.

    Amends GS 122C-54.1(a), recodified as GS 14-409.42(a), to make conforming changes. Effective January 1, 2016.

    Amends GS 15A-534(a), effective October 1, 2015, to make conforming changes.

    Amends GS 14-415.15(a) to require the sheriff to request records regarding the mental health or capacity of a concealed handgun permit applicant within 15 days of receiving the items listed in GS 14-415.13 (was, required the sheriff to issue or deny the permit within 90 calendar days of receiving the application regardless as to whether the mental health or capacity records for the applicant had been received). Effective October 1, 2015.

    Makes an organizational change to Article 1L, GS Chapter 90, as enacted in this act. Deletes the stated findings. Amends GS 90-21.77 to Article 1L, to require that any written questionnaire in which a health care provider asks for information regarding the patient's lawful ownership or other conduct involving firearms and ammunition must clearly and conspicuously provide notice that the patient is not required to answer any questions related to those matters (was, prohibited health care providers from asking a patient or the patient's representative to complete a questionnaire about firearms and ammunition unless the patient had been adjudicated incompetent due to mental illness). Deletes GS 90-21.78, as enacted in this act, which prohibited the disclosure of verbal inquiries about firearms and ammunition unless the patient had been adjudicated incompetent due to mental illness. Also deletes GS 90-21.79, which authorized the health care provider's licensing board to impose a fine, not to exceed $250, for non-willful violations of this article and not more than $500 for willful violations of this Article. Deletes GS 90-21.80, which provided that a violation of this Article was grounds for disciplinary action against a health care provider by the health care provider's licensing board or other regulatory authority. Effective October 1, 2015.

    Amends GS 14-415.12(a) to provide that an applicant meets the qualifying criteria to receive a permit if the applicant is a US citizen or has been lawfully admitted for permanent residence as defined in 8 USC Section 1101(a)(20) and has been a resident of the state 30 days or longer immediately preceding the filing of the application.


  • Summary date: Apr 30 2015 - View Summary

    House committee substitute makes the following changes to the 2nd edition.

    Amends the short and long titles.

    Amends GS 14-269(b)(4a) adding language that clarifies that a district attorney can carry a concealed weapon while in a courtroom. 

    Directs the Department of Agriculture, along with the Department of Public Safety and the North Carolina Sheriffs' Association, to study the best method to allow individuals with concealed handgun permits to carry a concealed handgun from a parking lot to the entrance of the State Fairgrounds and secure the handgun for storage and retrieval. Requires the Department of Agriculture to report to the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2016, on recommendations and any necessary legislation.

    Amends GS 14-415.12 to require a sheriff to deny a concealed handgun permit to a person that has been adjudicated guilty or received a prayer for judgment continued or suspended sentence for one or more crimes of assault or a threat to assault a law enforcement officer and various other specified public safety personnel. 

    Deletes all of Section 8 from the previous edition, which set out requirements for signs prohibiting the carrying of a concealed handgun on any premises, including the requirements for the location and content of the signs. Also makes various conforming changes. 

    Amends the provisions of GS 14-415.21 that provide that it is an infraction to carry a concealed handgun in violation of GS 14-415.11(c)(8), which prohibits concealed carry on private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement, making clarifying changes and providing that such violators can be required to pay a fine of up to $500.

    Deletes all of Section 11 from the previous edition, which repealed regulations that required certain determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) and various other provisions concerning reporting disqualifiers to the NICS. Also included in the now deleted Section 11 were provisions concerning the access of specified involuntary commitment records by the sheriff for background checks as well as provisions that required the fingerprinting of individuals charged with the commission of specified misdemeanors.

    Repeals the following statutes: GS 14-402 (Sale of certain weapons without permit forbidden), 14-403 (Permit issued by sheriff; form of permit; expiration of permit), 14-404 (Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee), 14-405 (Record of permits kept by sheriff; confidentiality of permit information), and 14-407.1 (Sale of blank cartridge pistols). Effective October 1, 2018, applying to offenses committed on or after that date.

    Amends GS 14-315(b1), deleting language that provided that a person producing evidence that a minor used an apparently valid permit to receive a weapon is a partial defense to the violation of selling or giving weapons to minors. Effective October 1, 2018, applying to offenses committed on or after that date.

    Amends GS 14-404(c1) to clarify what information the clerk of court must transmit to the NICS. Directs the clerk of court to transmit to NICS those judicial findings and determinations that can be used to confirm a disqualifying factor as outlined in GS 14-404(c) within 48 hours of the entry of such data.

    Directs the Administrative Office of the Courts (AOC), in consultation with the State Bureau of Investigation (SBI), to work with NICS to determine the feasibility of reporting additional information from the state's court and law enforcement records relevant to persons disqualified for purchase or possession under GS 14-404(c)(1), (c)(2), (c)(3), and (c)(8). Directs the AOC and the SBI to report to the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1, 2016. Specifies what must be contained in the report. 

    Requires the AOC to use up to $20,000 from funds for the 2014-15 fiscal year from its Internet Technology Fund to implement the provisions found above in GS 14-404(c1). 

    Enacts new GS 14-409.41 to provide that when a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited from receiving or possessing the firearm and is not the subject of a proceeding that could result in the applicant being prohibited from receiving or possessing the firearm. Requires written notification of any certification denial. Allows an applicant whose request for certification is denied to appeal the decision to the district court of the district in which the request for certification was made. Provides chief law enforcement officers and their employees who act in good faith with immunity from liability arising from any act or omission in making a certification. Effective October 1, 2015.

    Amends the effective date provisions, providing that Sections 1, 2, 3, 8, and 9 of the act are effective October 1, 2015 (was, July 1, 2015), applying to offenses committed on or after that date. Section 5 is effective October 1, 2015 (was, July 1, 2015), but does not apply to pending litigation. Section 7 of the act becomes effective October 1, 2015 (was, July 1, 2015), applying to permit applications submitted on or after that date. Provides that Sections 11, 14, and 15 become effective October 1, 2015 (was, December 1, 2015), applying to violations occurring on or after that date. 


  • Summary date: Apr 29 2015 - View Summary

    House committee substitute to the 2nd edition is to be summarized.


  • Summary date: Apr 29 2015 - View Summary

    House committee substitute makes the following changes to the 1st edition.

    Amends GS 14-269 to add that an administrative law judge who has a concealed handgun permit is exempt from the prohibition on carrying concealed handguns. Makes conforming changes to GS 14-415.27.

    Amends GS 14-296.2 to remove the provision stating that no school may prohibit the concealed carry of a handgun under (k) concerning handguns in locked vehicles.

    Deletes the following: (1) changes to GS 14-269.3(b), concerning handguns on the premises of the State Fairgrounds; (2) the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1; (3) changes to GS 14-315(b1) concerning defenses; (4) new GS 14-409.41, Chief law enforcement officer certification; certain firearms; and (5) new GS 14-409.42, No prohibition regarding the transportation or storage of a firearm in locked motor vehicle by business, commercial enterprise, or employer; civil liability enforcement. 

    Enacts new GS 106-503.2 allowing the Commissioner of Agriculture to prohibit carrying firearms on the State Fairgrounds during the State Fair. Sets out exemptions.

    Amends GS 14-415.21 to make it an infraction to carry a concealed handgun in violation of GS 14-415.11(c)(8), prohibiting concealed carry on any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. Makes conforming changes. Effective July 1, 2015.

    Repeals GS 122C-54(d1) (concerning determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) under the statute governing exceptions and abuse reports and court proceedings). Effective January 1, 2016.

    Recodifies GS 122C-54.1 (Restoration process to remove mental commitment bar) as GS 14-409.42.

    Repeals GS 14-404(c1) (transmission of information to NICS under the statute concerning refusals to issue pistol permits).

    Enacts new GS 14-409.43, Reporting of certain disqualifiers to the NICS, establishing seven instances when a record of determination or finding should be transmitted to the NICS no later than 48 hours after receiving notice, including when there is 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 and when there is a finding that an individual is not guilty by reason of insanity. Sets out reporting requirements for additional circumstances including after receiving notice of a felony warrant, indictment, or criminal summons by the Administrative Office of the Courts (AOC) or specified orders issued by a judge. Effective January 1, 2016.

    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 the sheriff or the sheriff's designee for the purposes of conducting background checks as specified. Deletes language which required the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.

    Amends GS 14-404(a) (concerning the issuance or refusal of pistol permits) and GS 14-415.13(a) (concerning the application for a concealed handgun permit), adding language to both that provides that the required application forms pursuant to those subsections must be provided electronically by the sheriff. Effective October 1, 2015.

    Amends GS 15A-502 adding new subsections that provide that it is the duty of an arresting law enforcement agency to fingerprint a person charged with the commission of specified misdemeanors, including but not limited to, GS 14-134.3 (Domestic criminal trespass), GS 20-138.1 (Impaired driving), or GS 90-95(d) (Possession of a controlled substance). Also provides that arresting law enforcement agencies are required to get as much of the specified personal identifying information as possible; such information includes given names, addresses, date of birth, gender, or race.  Also requires arresting law enforcement agencies to fingerprint and forward the fingerprints to the NICS of all individuals charged with the misdemeanor offense of assault, stalking, or communicating a threat and held under GS 15A-534.1. Requires magistrates to enter all information provided by the arresting law enforcement agencies into the court information system. Makes technical and organizational changes. Effective October 1, 2015.

    Directs the AOC to use funds available form the Court Technology Fund to comply with the reporting provisions found in Section 4 of the bill, as well as to provide all the specified historical records to the NICS, including active and unserved felony warrants, indictments, criminal summonses, and orders for arrest from all counties.

    Amends GS 14-404(g), 14-415.3(c), and 14-415.12(c), making conforming changes.

    Amends GS 122C-54.1(a), recodified by Section 2 of the act as GS 14-409.42(a), making conforming changes, effective January 1, 2016.

    Amends GS 15A-534(a), making conforming changes, effective October 1, 2015.

    Amends GS 14-409.40 to add that no county or municipality may regulate the taxation, manufacture, or transportation of firearms and related items. Allows a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015.

    Enacts new Article 11, Preserving Firearms Privacy for Patients, in GS Chapter 90. States the General Assembly's findings and intent. Sets out and defines terms for use in the Article. Prohibits a health care provider from asking a patient or the patient's parent, guardian, or custodian to complete a written form about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition unless the patient has been adjudicated incompetent due to mental illness. Also prohibits a health care provider from disclosing to any government official or agency the response of a patient, or the patient's parent, guardian, or custodian, to verbal inquiries about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness. Allows the health care provider's licensing board to impose a fine for violations of the provisions not to exceed $250 for nonwillful violations and $500 for willful violations. Also makes violations grounds for disciplinary action. Effective December 1, 2015, and applies to violations occurring on or after that date.

    Amends GS 14-415.15(a) to require the sheriff to issue or deny a concealed handgun permit within 90 calendar days from the date on which the application was submitted regardless of the receipt of required records concerning the applicant's mental health or capacity. Prohibits issuing a denial unless the applicant is determined to be ineligible under GS 14-415.12. Effective October 1, 2015.

    Amends GS 14-415.23 (Statewide uniformity) to allow a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015. 

    Amends the act's long title.


  • Summary date: Apr 28 2015 - View Summary

    House committee substitute to the 1st edition is to be summarized.


  • Summary date: Apr 6 2015 - View Summary

    Amends GS 14-269 to allow district attorneys, assistant district attorneys, and investigators employed by the office of a district attorney to carry a concealed weapon in the courtroom. Also adds that a person employed by the Department of Public Safety who is designated in writing by the Secretary of the Department of Public Safety and has a concealed handgun permit is exempt from the prohibition on carrying concealed handguns. Makes conforming changes to GS 14-415.27. Applies to offenses committed on or after July 1, 2015.

    Amends GS 14-269.2, which prohibits weapons on campus or other educational property, to add that the statute does not apply when a person with a concealed handgun permit, or who is exempt from obtaining a permit: (1) has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person or (2) is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to move the handgun from concealment on the person to a closed compartment or container within the vehicle or move the handgun from within a closed compartment or container within the vehicle to concealment on the person. Applies to offenses committed on or after July 1, 2015.

    Amends GS 14-269.2 to add that it is an affirmative defense to prosecution for possessing or carrying, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school, that the person was authorized to have a concealed handgun in a locked vehicle under the statute and removed the handgun from the vehicle only in response to a threatening situation in which deadly force was justified. Applies to offenses committed on or after July 1, 2015.

    Amends GS 14-269.3, prohibiting carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed, to add that the statute does not apply to a person carrying a handgun on the premises of the State Fairgrounds during the State Fair if the person has a valid concealed handgun permit, or is exempt from obtaining a permit, provided the person does not ride or enter any amusement device.

    Repeals GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1, thereby eliminating pistol permits. Makes conforming changes to GS 14-315. Applies to offenses committed on or after October 1, 2019.

    Enacts new GS 14-409.41 to provide that when a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited from receiving or possessing the firearm and is not the subject of a proceeding that could result in the applicant being prohibited from receiving or possessing the firearm. Requires written notification of any certification denial. Allows an applicant whose request for certification is denied to appeal the decision to the district court of the district in which the request for certification was made. Provides chief law enforcement officers and their employees who act in good faith with immunity from liability arising from any act or omission in making a certification. Effective July 1, 2015.

    Enacts new GS 14-409.42. Prohibits a business, commercial enterprise, or employer from establishing, maintaining, or enforcing a policy or rule that prohibits or has the effect of prohibiting a person from transporting or storing any firearm or ammunition when the person has a valid concealed handgun permit, or is exempt from obtaining a permit, is otherwise in compliance with all other applicable laws and regulations, and the firearm or ammunition is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. Provides a definition of motor vehicle to include any automobile, truck, minivan, sports utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under GS Chapter 20. Provides that this prohibition does not apply to vehicles owned or leased by an employer and where transport or storage of a firearm is prohibited by state or federal law or regulation. Provides that a person who is injured or the survivors of a person killed as a violation of this section's prohibition on restricting the transportation or storage of a firearm and ammunition in a locked vehicle in a manner otherwise in compliance with state law may bring a civil action in the appropriate court against the employer, commercial enterprise, or business who committed or caused such a violation. Additionally provides for the right to bring a civil action to enjoin any employer, commercial enterprise, or business from violating this section. Provides remedies for an employee who is discharged in violation of a policy or rule controlling firearms that is prohibited by this section. Gives a business, commercial enterprise, employer, or property owner that allows persons to transport or store any firearm or ammunition under the statute complete immunity and prohibits these entities from being held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored in accordance with the statute. Effective July 1, 2015.

    Amends GS 14-409.46, sport shooting range protection, to no longer require the shooting range to be in existence at least three years before Article 53C became effective in order to be eligible for the protections under the statute. Amends GS 14-409.47 to provide that Article 53C, Sport Shooting Range Protection Act of 1997, does not prohibit a local government from regulating the location and construction of a sport shooting range after September 1, 1997 (was, after the effective date of the Article). Effective July 1, 2015, but does not apply to pending litigation.

    Amends GS 14-415.4, Restoration of firearms rights, by amending the definition of the term firearm rights as it applies in the statute, to no longer exclude weapons defined in GS 14-409(a) (defining machine gun or submachine gun). Applies to restorations granted before, on, or after the date that the act becomes law. 

    Amends GS 14-415.12 to require a sheriff to deny a concealed handgun permit to a person prohibited from possessing a firearm as a result of a conviction of a misdemeanor crime of domestic violence. Also no longer requires the denial of a permit for a person committing a violation involving fireworks, and limits the prohibition on issuing a permit to a person who has been convicted of a misdemeanor under former GS 14-277.3 to those convictions that are within three years before the application date. Applies to permit applications submitted on or after July 1, 2015.

    Enacts new GS 14-415.28, setting out requirements that must be met by signs prohibiting the carrying of a concealed handgun on any premises, including the location and content of the signs. Makes conforming changes. Effective July 1, 2015.

    Amends GS 113-291.1 to allow hunting with short-barreled rifles. Applies to offenses committed on or after July 1, 2015.