GUN SAFETY ACT.

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View NCGA Bill Details2015-2016 Session
House Bill 725 (Public) Filed Tuesday, April 14, 2015
AN ACT TO REPEAL THE "STAND YOUR GROUND LAWS" AND CODIFY THE COMMON LAW REGARDING THE USE OF FORCE AGAINST AN INTRUDER; TO REPEAL THE LAW ALLOWING RECIPROCITY FOR CONCEALED HANDGUN PERMITS; TO STRENGTHEN THE LAW REGARDING SAFE STORAGE OF FIREARMS BY REQUIRING A PERSON WHO POSSESSES A FIREARM AND LIVES WITH EITHER A MINOR OR ANOTHER PERSON WHO CANNOT LEGALLY OWN A FIREARM TO SAFELY STORE THE FIREARM IN A STORAGE DEPOSITORY OR USE A SAFETY LOCK FOR THE FIREARM WHEN NOT IN POSSESSION OR IMMEDIATE CONTROL OF THE FIREARM; TO REQUIRE THE REPORTING OF LOST AND STOLEN GUNS; TO REQUIRE THE SHERIFF TO REPORT THE DENIAL, REVOCATION, OR FAILURE TO RENEW A CONCEALED HANDGUN PERMIT OR THE DENIAL OF A PISTOL PERMIT TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; TO REQUIRE UNIVERSAL BACKGROUND CHECKS FOR THE PRIVATE TRANSFER OF FIREARMS IN NORTH CAROLINA; TO PROVIDE THAT A FEE MAY BE CHARGED BY THE SBI FOR CRIMINAL BACKGROUND CHECKS AND TO ESTABLISH A FUND TO HELP PAY THE COSTS OF CONDUCTING BACKGROUND CHECKS; TO REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY FIREARM LIABILITY INSURANCE; TO LIMIT THE SIZE OF AMMUNITION MAGAZINES; TO DIRECT THE STATE TREASURER TO DIVEST THE PENSION FUND OF GUN STOCKS; AND TO REQUIRE EACH STATE AND LOCAL LAW ENFORCEMENT AGENCY TO ADOPT A WRITTEN POLICY REGARDING THE INVESTIGATION OF OFFICER-INVOLVED DEATHS.
Intro. by Luebke, Harrison, Insko.

Status: Ref To Com On Judiciary I (House Action) (Apr 15 2015)

Bill History:

H 725

Bill Summaries:

  • Summary date: Apr 15 2015 - View Summary

    Repeals the following statutes: (1) GS 14-51.2--Home, workplace, and motor vehicle protection and presumption of fear of death or serious bodily harm; (2) GS 14-51.3--Use of force in defense of person and relief from criminal or civil liability; (3) GS 14-51.4--Justification for defensive force not available; (4) GS 14-315.1--Storage of firearms to protect minors; and (5) GS 14-415.24--Reciprocity and out-of-state handgun permits.

    Enacts new GS 14-51.5, Use of deadly physical force against an intruder, to identify when a lawful occupant of a home or other place of residence is justified in using any degree of force that the occupant believes is reasonably necessary, including deadly force, against an intruder to prevent or terminate forcible entry into the home or residence, providing that the occupant reasonably believes that the intruder (1) may kill or inflict serious bodily harm on the occupant or others in the home or (2) intends to commit a felony in the home or residence. Provides that the lawful occupant has no duty to retreat from an intruder under the described circumstances. Declares that this section is not meant to repeal, expand, or limit any other common law defense available.

    Enacts new GS 14-315.3, Safe storage of firearms, to make it a Class 1 misdemeanor for any person owning or possessing a firearm who resides on the same premises as a minor or an unauthorized person to store or leave the firearm out of the owner or possessor's immediate possession or control without (1) first securely locking the firearm in an appropriate safe storage depository or (2) rendering it incapable of being fired by using an appropriate safety locking device. Defines minor as an unemancipated person less than 18 years of age and defines unauthorized person as a person who is unauthorized to legally purchase a firearm. Declares that nothing in this section prohibits a person from carrying a firearm on the person's body or in close proximity so that the firearm may used as easily and quickly as if carried on the body.

    Amends GS 14-315.2 to rewrite the warning required to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms. Makes a conforming change to require that a seller or transferor of any firearm deliver a written copy of new GS 14-315.3 to a purchaser or transferee.

    Enacts new GS 14-409.13, Report of loss or theft of firearm, to require the owner of a firearm, as defined in GS 14-409.60, to report the loss or theft of the firearm within 48 hours after discovering the loss or theft to (1) local law enforcement or (2) the State Bureau of Investigation. Makes a violation of this section a Class 3 misdemeanor and makes a second or subsequent violation of this section a Class I felony.

    Adds a new subdivision (1a) to GS 14-404(a) to require that a person seeking a firearm permit must verify possession of firearm liability insurance as required under GS 14-409.80, as enacted in this act. Enacts new GS 14-409.80, Liability insurance required for gun owners, to mandate that prior to owning a firearm, a person must obtain a liability insurance policy valued at no less than $100,000 and specifically covering any damages that result from any willful or negligent acts involving the use of the firearm. Requires that the policy be continuously maintained by the owner of the firearm. Prohibits the transfer of a firearm to a person unless that transferee provides proof of liability insurance. Requires a person who owns a firearm on December 1, 2015, to obtain the required liability insurance by January 15, 2016. Provides that a firearm owner is considered to own the firearm if it is lost or stolen until the person reports the loss or theft as required under GS 14-409.13. Directs the Department of Insurance to adopt rules to implement GS 14-409.80. States that this section does not apply to a law enforcement officer authorized to carry a firearm.

    Enacts new GS 14-415.18A to require a sheriff who denies, revokes, or refuses to renew a person's application for a permit under Article 54B of GS Chapter 14 because of a prohibition under the national instant criminal background check system (NICS) to report the revocation, denial, or refusal to renew to the NICS. Provides specifications as to the reporting requirements. Makes conforming changes to GS 14-404.

    Adds a new Article 53D, Transfer of Firearms, to GS Chapter 14. Provides definitions for the following terms as they are used in this article: (1) firearms, (2) NCIS, (3) SBI, (4) transfer, and (5) transferee. Declares that this Article applies to all private transfers of firearms. Prohibits the private transfer of firearms without (1) a background check in accordance with GS 14-409.64, as enacted in this act and (2) approval of the transfer from the SBI after the background check has been requested by a licensed gun dealer. Requires a person, who is not a licensed gun dealer, but is transferring a firearm to a transferee, to arrange for a licensed gun dealer to obtain the background check that is required by this section. Provides specifics of the responsibilities of the licensed gun dealer with respect to the background check. Permits a licensed gun dealer to charge a fee of no more than $10 for services rendered under this section. Provides that an approval from the SBI is valid for 30 days. Prohibits a transferee from accepting possession of a firearm unless the transferor has obtained approval from the SBI subsequent to a background check request by a licensed gun dealer. Provides a list of nine exemptions to the provisions of this section. Makes a violation of this section a Class 1 misdemeanor. Directs the clerk of court to report a conviction of a person for violating this section to the SBI and the NCIS.

    Enacts new GS 14-409.62 providing that the SBI may serve as a state point of contact for implementing 18 USC § 922(t), all federal regulations and applicable guidelines adopted under those regulations, and the NICS system. Specifies grounds for denial of a firearm transfer and provides details as to the process for a transferee to appeal a denial of the transfer of a firearm. Directs the Secretary of Public Safety  to adopt rules as necessary to carry out the duties of the SBI as the state point of contact and to assist in implementing 18 USC § 922(t). Identifies provisions that the adopted rules must include. Specifies unlawful offenses and makes it a Class 1 misdemeanor to violate any of those provisions. Provides that a transferor who complies with the provisions of this section is not subject to criminal or civil liability or regulatory sanctions that arise from the lawful transfer or denial of the transfer of a firearm.

    Enacts new GS 14-409.63, which establishes the instant criminal background check cash fund. Authorizes the SBI to charge a fee for performing an instant criminal background check under this section. Limits the amount of the fee to total costs for performing the background check. Directs the SBI to remit all the collected funds to the State Treasurer. Provides that the money in the fund is subject to annual appropriation by the General Assembly for the direct costs associated with performing background checks under this section. Includes an annual reporting requirement.

    Enacts GS 14-409.75 to require any person, firm, or corporation in the retail sale, rental, or exchange of firearms to keep a record of each firearm sold, rented, or exchanged at retail. Provides guidelines for keeping the required records. Enacts GS 14-409.76 to provide that failing to keep the required record or to exhibit the record when requested by law enforcement is a Class 3 misdemeanor. Also makes it a Class 3 misdemeanor for any purchaser, lessee, or exchanger of a firearm to provide false information in connection with the making of such record. 

    Enacts a Part 4 of Article 53D to provide regulations regarding large-capacity ammunition magazines. Defines large capacity magazines for the purposes of this section. Makes it unlawful to sell, transfer, or possess a large-capacity magazine. Provides that a violation of this provision is a Class 2 misdemeanor with subsequent offenses a Class 1 misdemeanor. Makes it a Class 1 felony under this section if a person possesses a large-capacity magazine during the commission of a felony. Provides a person may possess a large-capacity magazine if the person (1) owns the large-capacity magazine on December 1, 2013, and (2) maintains continuous possession of the large-capacity magazine. Specifies exemptions from the offenses described in this section.

    Requires that a large-capacity magazine manufactured in North Carolina on or after December 1, 2013, must have a permanent stamp or marking indicating that the large-capacity magazine was manufactured or assembled after that date. Makes a violation of this subsection a Class 2 misdemeanor. Authorizes the SBI to adopt rules to implement these provisions.

    Enacts a new Article 9, Firearms Manufacturer Divestment Act, in GS Chapter 147. Defines terms as used in this article. Includes a definition for public fund meaning any funds held by the State Treasurer to the credit of the following: (1) Teachers' and State Employees' Retirement System, (2) Consolidated Judicial Retirement System, (3) Firemen's and Rescue Workers' Pension Fund, (4) Local Governmental Employees' Retirement System, (5) Legislative Retirement System, (6) Legislative Retirement Fund, and (7) North Carolina National Guard Pension Fund. Directs the Public Fund within 90 days of September 1, 2015, to make its best efforts to identify all firearms manufacturers in which the public fund has direct or indirect holdings or could possibly have holdings in the future. Requires that the public fund assemble the list of all firearm manufacturers in which the public fund holds direct or indirect investments by the first meeting of the public fund following the 90-day period. Requires the State Treasurer to promptly divest all direct and indirect holdings in firearms manufacturers held by the public fund. Declares that at no time is the public fund to acquire direct or indirect holdings in firearms manufacturers.

    Above provisions are effective December 1, 2015, and apply to offenses committed on or after that date.

    Effective when the act becomes law, enacts new Article 21, Review of Deaths Involving Law Enforcement Officers, in GS Chapter 15A. Requires each law enforcement agency, no later than December 1, 2015, to have a written policy on the investigation of officer-involved deaths that involve a law enforcement officer employed by the law enforcement agency. Specifies provisions that must be included in the policy. Requires investigators to provide a complete report to the district attorney of the county where the officer-involved death occurred and requires the investigators to release the report if the district attorney decides that there is no basis to prosecute the law enforcement officer.