GUARANTEE 2ND AMEND FREEDOM AND PROTECTIONS. (NEW)

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View NCGA Bill Details2023-2024 Session
Senate Bill 41 (Public) Filed Monday, January 30, 2023
AN ACT TO AUTHORIZE CONCEALED CARRY PERMIT HOLDERS TO CARRY FIREARMS ON CERTAIN SCHOOL PROPERTY AT CERTAIN TIMES AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES, TO REPEAL PISTOL PURCHASE PERMITS, AND TO LAUNCH A STATEWIDE FIREARM SAFE STORAGE AWARENESS INITIATIVE TO EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF THE SAFE STORAGE OF FIREARMS AND TO FACILITATE THE DISTRIBUTION OF GUN LOCKS.
Intro. by Britt, Daniel, Perry.

Status: Ch. SL 2023-8 (Mar 29 2023)

SOG comments (2):

Identical bill

Substantively identical to H 49, filed 2/2/23.

Long title change

Committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO ENACT THE RELIGIOUS ASSEMBLY SECURITY AND PROTECTION ACT OF 2023 AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES.

Bill History:

S 41/S.L. 2023-8

Bill Summaries:

  • Summary date: Mar 29 2023 - View Summary

    AN ACT TO AUTHORIZE CONCEALED CARRY PERMIT HOLDERS TO CARRY FIREARMS ON CERTAIN SCHOOL PROPERTY AT CERTAIN TIMES AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES, TO REPEAL PISTOL PURCHASE PERMITS, AND TO LAUNCH A STATEWIDE FIREARM SAFE STORAGE AWARENESS INITIATIVE TO EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF THE SAFE STORAGE OF FIREARMS AND TO FACILITATE THE DISTRIBUTION OF GUN LOCKS. SL 2023-8. Enacted March 29, 2023. Effective March 29, 2023, except as otherwise provided.


  • Summary date: Mar 27 2023 - View Summary

    The Governor vetoed the act on March 24, 2023. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2023/2417/0/S41-BILL-NBC-10038.


  • Summary date: Feb 14 2023 - View Summary

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

    No longer names the act the “Religious Assembly Security and Protection Act of 2023.” 

    Adds the following content to the bill.

    Part II.

    Repeals the following statutes concerning pistol permits: GS 14-402 (forbidding sale of pistols without permit), GS 14-403 (concerning issuance of a permit to purchase a pistol), GS 14-404 (concerning permit denials) and GS 14-405 (concerning confidentiality and record keeping requirements). Repeals GS 14-407.1 (concerning permits for the purchase of blank cartridge pistols). Repeals GS 14-315(b1)(1) (setting out the defense for selling a weapon to a minor that the minor produced a permit under now repealed GS 14-402). Repeals GS 122C-54(d2) (giving a sheriff access to a record of involuntary commitment for mental health treatment or for substance abuse treatment that is required to be reported to the National Instant Criminal Background Check System (NICS) by GS 14-409.43, for the purposes of conducting background checks under now repealed GS 14-404).

    Provides that prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions. 

    Part III.

    Requires the Department of Public Safety (DPS) to collaborate with the Department of Health and Human Services (DHHS) and the Wildlife Resources Commission (Commission), to launch a two-year statewide firearm safe storage awareness initiative to educate the public about the importance of the safe storage of firearms and to facilitate the distribution of gun locks, which must include the development of a website and toolkit and include an outreach process. 

    Requires DPS to develop a website to provide information to the public about six specified issues related to the safe storage of firearms, including access to a toolkit of information that local communities may use to launch firearm safe storage initiatives at the local level. Specifies what is to be included in the toolkit, including the distribution of free or discounted gun locks. Requires the development of the website and toolkit by July 1, 2024.

    Requires DPS, upon development of the website and toolkit, to implement an outreach process for disseminating the information and toolkit to the public and to local communities, and requires providing technical assistance to local communities to assist them in using the toolkit to launch local initiatives.

    Allows contracting with a third-party with relevant expertise related to public health and injury prevention to launch the firearm safe storage awareness initiative. 

    Prohibits the firearm safe storage awareness initiative and any state funds used to launch and maintain the initiative, from being used to advocate, promote, or lobby for the creation of new, or the revision of existing, laws regulating firearms; limits use to the purposes set out in the act and to explaining and promoting existing laws regulating firearms and best practices for firearm storage and safety.

    Requires DPS, in collaboration with DHHS and the Commission, to report to the specified NCGA committee on progress in launching the initiative by September 1, 2024.

    Effective July 1, 2023. 

    Makes conforming technical changes in Part I and amends the act's titles.


  • Summary date: Jan 30 2023 - View Summary

    Names the act the “Religious Assembly Security and Protection Act of 2023.” Amends GS 14-269.2 (setting forth those circumstances when weapons on campus or other educational property is a crime) by adding new defined term, School operating hours, to mean any time when the premises are used for curricular, extracurricular, educational, instructional, or school-sponsored activities or when the premises are being used for programs for minors by entities not affiliated with the religious institution.  Adds a new subsection providing that the statute does not apply to a person with a valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property other than an institution of higher education or a nonpublic, postsecondary educational institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; (4) the handgun is only possessed and carried on educational property outside of the school operating hours; and (5) the person or persons in legal possession or control of the premises have not posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises. Specifies for these purposes, property owned by a local board of education or county commission must not be construed as a building that is a place of religious worship. Makes conforming changes to GS 14-415.11. Effective December 1, 2023.

    Amends GS 14-415.27 to allow a person with a concealed handgun permit to carry a concealed handgun in a law enforcement or correctional facility if the person is employed by a law enforcement agency and who (1) is not a law enforcement officer sworn and certified pursuant to Article 1 of GS Chapter 17C or GS Chapter 17E, (2) has been designated in writing by the head of the law enforcement agency in charge of the facility, (3) has in the person's possession written proof of the designation, and (4) has not had the designation rescinded. Allows for the written designation to be rescinded by the head of the law enforcement agency in charge of the law enforcement facility. Applies to offenses committed on or after July 1, 2023.