Senate committee substitute to the 1st edition makes the following changes.
Amends GS 14-415.1A (possession of certain weapons by felon during commission or attempted commission of a felony) to make it unlawful for any person who is prohibited pursuant to GS 14-415.1 (general prohibition on possession of firearms by felon) from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of certain felonies (previously, prohibited any person who had been convicted of a felony from possessing such weapons during the commission of certain felonies). Changes the level of felony from Class H felony to Class G felony for a violation of the statute without any other aggravators. Specifies that a violation of the statute is a separate offense from GS 14-415.1, in addition to the underlying felony offense, and will not merge with either offense.
GUN VIOLENCE PREVENTION ACT.
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View NCGA Bill Details | 2023-2024 Session |
AN ACT TO CREATE THE OFFENSE OF POSSESSING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY.Intro. by Britt, B. Newton, Daniel.
Bill History:
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Wed, 5 Apr 2023 Senate: Filed
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Thu, 6 Apr 2023 Senate: Passed 1st Reading
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Thu, 6 Apr 2023 Senate: Ref To Com On Rules and Operations of the Senate
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Mon, 10 Apr 2023 Senate: Withdrawn From Com
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Wed, 26 Apr 2023 Senate: Reptd Fav Com Substitute
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Wed, 26 Apr 2023 Senate: Com Substitute Adopted
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Wed, 26 Apr 2023 Senate: Re-ref Com On Rules and Operations of the Senate
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Thu, 27 Apr 2023 Senate: Reptd Fav
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Mon, 1 May 2023 Senate: Amend Tabled A1
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Mon, 1 May 2023 Senate: Amend Tabled A2
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Mon, 1 May 2023 Senate: Amend Tabled A3
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Mon, 1 May 2023 Senate: Amend Tabled A4
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Mon, 1 May 2023 Senate: Passed 2nd Reading
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Mon, 1 May 2023 Senate: Passed 3rd Reading
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Tue, 2 May 2023 Senate: Regular Message Sent To House
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Tue, 2 May 2023 House: Regular Message Received From Senate
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Wed, 3 May 2023 House: Passed 1st Reading
Bill Summaries:
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Bill S 650 (2023-2024)Summary date: Apr 26 2023 - View Summary
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Bill S 650 (2023-2024)Summary date: Apr 6 2023 - View Summary
Enacts GS 14-415.1A creating the criminal offense of possession of certain weapons by felon during the commission or attempted commission of a felony. Defines brandish, firearm, and weapon of mass death and destruction.
Makes it unlawful for any person convicted of a felony to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of a felony defined under the criminal law statutes (GS Chapter 14) or the NC Controlled Substances Act. Specifies that unless the conduct is covered under some other provision of law providing a greater punishment, a person who violates the section is guilty of the following: a Class D felony if the person discharges the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; a Class F felony if the person brandishes the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; and a Class H felony for any other violations. Prohibits merger of the offense with other offenses. Amends GS 14-415.1 (prohibiting possession of firearms by a felon) to specify that a violation of GS 14-415.1 is not a lesser included offense of GS 14-415.1A. Effective December 1, 2023, and applies to offenses committed on or after that date.