CONSTITUTIONAL CARRY ACT.

View NCGA Bill Details2017-2018 Session
House Bill 69 (Public) Filed Wednesday, February 8, 2017
AN ACT TO MAKE IT LAWFUL TO CARRY A CONCEALED HANDGUN IN NORTH CAROLINA WITHOUT A CONCEALED HANDGUN PERMIT.
Intro. by Pittman, Speciale, Boswell, Adams.

Status: Ref to the Com on Judiciary I, if favorable, Finance (House Action) (Feb 9 2017)

Bill History:

H 69

Bill Summaries:

  • Summary date: Feb 8 2017 - More information

    Amends GS 14-269, concerning carrying concealed weapons, to establish that the term weapon does not include a firearm for purposes of the statute. Makes conforming changes to remove all provisions relating to firearms from the statute. Adds new subsection (c1) to make it a Class 1 misdemeanor for any person participating in, affiliated with, or present as a spectator at a parade or funeral who violates GS 14-269 by willfully or intentionally possessing or having immediate access to any dangerous weapon. Exempts from the provisions of subsection (c1) persons authorized by State or federal law to carry dangerous weapons in the performance of their duties and any person who obtains a permit to carry a dangerous weapon at a parade or funeral procession from the sheriff or police chief of the locality where the parade or funeral procession is to take place. Makes technical changes.

    Repeals GS 14-269.3 (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed), GS 14-269.4 (Weapons on certain State property and in courthouses), and GS 277.2 (Weapons at parades, etc., prohibited).

    Adds new Article 54C to GS Chapter 14, Carrying Concealed Handguns and Restrictions on Carrying Weapons in Certain Locations.

    Enacts GS 14-415.35 to allow any person who is a citizen of the United States and at least 18 years old to carry a concealed handgun in this State unless provided otherwise by State law or by 18 USC 922 or any other federal law. Defines handgun to mean a firearm that has a short stock and is designed to be held and fired by the use of a single hand.

    Prohibits anyone from carrying a concealed handgun on another person's private property if notice of the prohibition is given by posting a conspicuous notice or statement by the person in legal possession or control of the premises. Exempts from this prohibition law enforcement officers discharging their official duties. Prohibits carrying a concealed handgun while consuming alcohol, or at any time while the person has alcohol remaining in the person's body, or in the person's blood a controlled substance previously consumed. Exempts from this prohibition (1) a person who has a controlled substance in the person's blood that was lawfully obtained and taken in therapeutically appropriate amounts, or (2) a person that is on the person's own property. Makes any violations of these prohibitions in subsections (c) and (d) a Class 1 misdemeanor.

    Makes it unlawful for a person who meets any of the 14 specified criteria to carry a concealed handgun, including a person who is under indictment for a felony or who is or has been adjudicated to be a danger to self or others due to mental illness or lack of mental capacity. Make a violation of this prohibition a Class 2 misdemeanor for a first offense, and a Class H felony for a second or subsequent offense.

    Requires a person to carry valid identification when carrying a concealed weapon. Further, requires a person to disclose to any law enforcement officer that the person is carrying a concealed handgun when approached or addressed by the officer, and to display the proper identification upon the officer's request. Makes a violation of this subsection an infraction punishable in accordance with GS 14-3.1 (setting a penalty not to exceed $100).

    Enacts GS 14-415.36 making it a Class 1 misdemeanor to carry firearms, either openly or concealed, into any establishment where alcoholic beverages are sold and consumed if notice of the prohibition is given either by posting a conspicuous notice or by statement by the person in legal possession or control of the premises. Exempts from this prohibition (1) the owner or lessee of the premises or business establishment, (2) a person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event, and (3) any law enforcement officer who is discharging the officer's official duties.

    Enacts GS 14-415.37 making it a Class 1 misdemeanor to possess or carry, openly or concealed, a firearm or any other deadly weapon not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings. Excludes an ordinary pocket knife in a closed position, as defined in GS 14-269(d), from the meaning of the term deadly weapon. Exempts persons exempted by GS 14-415.41, as enacted by this act, from this prohibition.

    Enacts GS 14-415.38 to make it a Class 1 misdemeanor to possess or carry, openly or concealed, a firearm or any other deadly weapon not used solely for instructional or officially sanctioned ceremonial purposes in any building housing any court of the General Court of Justice, or any part of a building used for court purposes. Exempts from this prohibition (1) persons exempt by GS 14-415.41, (2) any person in possession of a weapon for evidentiary purposes, to deliver it to a law enforcement agency, or for purposes of registration, (3) firearms carried by detention officers employed by and authorized by the sheriff to carry firearms, and (4) a person who has a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle.

    Enacts GS 14-415.39 making it a Class 1 misdemeanor for any person participating in, affiliated with, or present as a spectator at any picket line or demonstration upon any private health care facility or upon any public place owed or controlled by the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to a firearm or any other dangerous weapon. Exempts from this prohibition (1) persons exempted by GS 14-415.41, (2) any person authorized by State or federal law to carry dangerous weapons in the performance of his or her duties, and (3) any person who obtains a permit to carry a dangerous weapon at a picket line or demonstration from the sheriff or police chief of the locality where the picket line or demonstration is to take place.

    Enacts new GS 14-415.40 to make it a Class 1 misdemeanor to carry a concealed handgun into the following (unless provided otherwise by law): (1) an area prohibited by rule adopted under GS 120-32.1; (2) any area prohibited by 18 USC Sec. 922 or any other federal law; and (3) in a law enforcement or correctional facility. Specifies that the statute does not apply to any person exempted by new GS 14-415.41.

    Enacts new GS 14-415.41, which exempts 15 classes of individuals from new GS 14-415.37 (prohibiting firearms or weapons on the premises of the State Capitol, Executive Mansion, or Western Residence of the Governor), new GS 14-415.38 (prohibiting firearms or weapons in courthouses or buildings housing any court); new GS 14-415.39 (prohibiting firearms and weapons at picket lines and certain demonstrations); and new GS 14-415.40 (making it unlawful to carry a concealed handgun into specified areas). The 15 classes of individuals granted the exception are: (1) officers and enlisted personnel of the US Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; (2) civil and law enforcement officers of the United States; (3) officers and soldiers of the militia and the National Guard when called into actual service; (4) a member of the North Carolina National Guard who has been designated in writing by the Adjutant General, State of North Carolina, and is acting in the discharge of his or her official duties; (5) officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties; (6) any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney in this State. Requires the district attorney, assistant district attorney, or investigator to secure the weapon in a locked compartment when the weapon is not on the person. Allows a district attorney may carry a concealed weapon while in a courtroom; (7) any person who is a qualified retired law enforcement officer; (8) detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, if specified conditions are met; (9) a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate. Requires the judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate; (10) a clerk of court or as a register of deeds. Requires the clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds. Specifies that this subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds; (11) sworn law enforcement officers; (12) state probation or parole certified officers, when off‑duty; (13) a person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and has in the person's possession written proof of the designation by the Secretary of the Department; (14) an administrative law judge; and (15) state correctional officers, when off‑duty; however, the correctional officer is required to meet the firearms training standards of the Division of Adult Correction of the Department of Public Safety.

    Amends GS 14-269.1 to allow for the confiscation and disposition of a deadly weapon upon conviction for violation of GS 14-415.35(c), which prohibits carrying a concealed handgun on posted private property. Makes conforming changes. Amends GS 14-269.2(g), which contains the exceptions to the prohibition on weapons on campus or other educational property. Specifies that the statute does not apply to the following: officers and enlisted personnel of the US Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons; civil and law enforcement officers of the United States; officers and soldiers of the militia and the National Guard when called into actual service; officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties; detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, if specified conditions are met; sworn law enforcement officers; state probation or parole certified officers, when off‑duty; and a person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and has in the person's possession written proof of the designation by the Secretary of the Department. Specifies that the following persons are exempted, as long as the person has the firearm or weapon in a closed compartment or container within the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle: a member of the North Carolina National Guard who has been designated in writing by the Adjutant General, State of North Carolina, and is acting in the discharge of his or her official duties; any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney in this State; any person who is a qualified retired law enforcement officer; a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate; and a clerk of court or a register of deeds. Allows these individuals to unlock the vehicle to enter or exit the vehicle, as long as the firearm or weapon remains in the closed compartment at all times and the vehicle is locked immediately following entrance or exit. Further amends the statute by removing provisions concerning concealed handgun permit holders.

    Makes conforming changes to GS 14-288.8.

    Amends the definition of weapon in GS 14-401.24, concerning the unlawful use of unmanned aircraft systems, by adding in firearms. Makes conforming changes to GS 14-409.40, GS 14-415.4, GS 14-415.11, and GS 14-415.12.

    Enacts new GS 14-415.10A to require the State to make a concealed handgun permit available to any person who applies for and is eligible to receive a concealed handgun permit.

    Amends GS 14-415.11 by removing the provisions referring to concealed handgun permit requirements. Also provides that a concealed handgun permit does not authorize a person to carry a concealed handgun in areas prohibited by GS 14-415.37 (no firearms or other weapons on the premises of the State Capitol, Executive Mansion, or Western Residence of the Governor) and GS 14-415.38 (no firearms or other weapons in courthouses or buildings housing any court of the General Court of Justice), except that a person may have a concealed handgun if it 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. Allows a person to unlock the vehicle to enter or exit, as long as the firearm remains in the closed compartment at all times and the vehicle is locked following entrance or exit.

    Amends GS 14-415.12 to allow the sheriff to deny a permit to an applicant who (1) is currently or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be a danger to self or others due to mental illness or lack of mental capacity (was, lacking mental capacity or mentally ill) or (2) is or has been dishonorably discharged from the US Armed Forces (was, discharged from the US Armed Forces under conditions other than honorable).

    Repeals GS 14-415.22 (construction of Article 54B, Concealed Handgun Permit).

    Makes conforming changes to GS 74E-6, GS 74G-6, and GS 113-136.

    Applies to offenses committed on or after December 1, 2017. 


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