House committee substitute to the 1st edition makes the following changes. Instead of enacting new GS 14-415.1A, moves those provisions into GS 14-415 and makes the following changes. No longer sets out separate definitions for firearm and weapon of mass death and destruction. Also amends the statute by returning the punishment for a convicted felon to purchase, own, possess, or have in their custody, care, or control, any firearm or any weapon of mass death and destruction to a Class G felony (was, Class F in the 1st edition). No longer specifies that a violation of this statute is not a lesser included offenses of GS 14-415.1A. Changes the act's long title.
GUN VIOLENCE PREVENTION ACT.
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View NCGA Bill Details | 2025-2026 Session |
AN ACT TO CREATE THE OFFENSES OF POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY.Intro. by Balkcom, Carson Smith, Miller, Pyrtle.
Bill History:
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Thu, 30 Jan 2025 House: Filed
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Mon, 3 Feb 2025 House: Passed 1st Reading
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Mon, 17 Feb 2025 House: Withdrawn From Com
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Tue, 4 Mar 2025 House: Reptd Fav
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Tue, 11 Mar 2025 House: Reptd Fav Com Substitute
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Tue, 11 Mar 2025 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Mon, 17 Mar 2025 House: Reptd Fav
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Mon, 17 Mar 2025 House: Cal Pursuant Rule 36(b)
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Mon, 17 Mar 2025 House: Placed On Cal For 03/18/2025
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Tue, 18 Mar 2025 House: Passed 2nd Reading
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Tue, 18 Mar 2025 House: Passed 3rd Reading
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Wed, 19 Mar 2025 House: Regular Message Sent To Senate
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Wed, 19 Mar 2025 Senate: Regular Message Received From House
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Wed, 19 Mar 2025 Senate: Passed 1st Reading
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Wed, 19 Mar 2025 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 28 (2025-2026)Summary date: Mar 11 2025 - View Summary
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Bill H 28 (2025-2026)Summary date: Jan 30 2025 - 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 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. 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 C 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 D 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 F 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. Changes the penalty for violations of GS 14-415.1 to a Class F felony (was, Class G felony). Effective December 1, 2025, and applies to offenses committed on or after that date.
Committee substitute to the 1st edition changed the long title. Original long title was 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.