NC CONSTITUTIONAL CARRY ACT.

View NCGA Bill Details2021
House Bill 197 (Public) Filed Monday, March 1, 2021
AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN WITHOUT A PERMIT AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR ANY OTHER REASON DESIRED.
Intro. by Kidwell, Hanig, Goodwin, Setzer.

Status: Ref to the Com on Judiciary 3, if favorable, Rules, Calendar, and Operations of the House (House action) (Mar 3 2021)
H 197

Bill Summaries:

  • Summary date: Mar 1 2021 - More information

    Amends GS 14-269, which prohibits carrying concealed weapons, to establish that the term weapon does not include a firearm for purposes of the statute. Makes conforming changes to eliminate subsections (a1) and (a2) pertaining to carrying a concealed handgun with a permit and the punishments set out for violations of those subsections in subsection (c). Makes further conforming changes to eliminate related defenses to prosecution under this statute. Adds new subsection (a3) to clarify that the exceptions to the prohibition on carrying a concealed weapon listed in subsection (b) of the statute that include a condition that the person have a concealed carry permit require a person to have a concealed handgun permit issued in accordance with Article 54B of GS Chapter 54B or one considered valid under GS 14-415.24 (reciprocity for out-of-state handgun permits or licenses) to qualify as an exception. 

    Enacts Article 54C, Carrying Concealed Handguns, to establish that any person who is a US citizen and is at least 18 years old can carry a concealed handgun in North Carolina unless prohibited otherwise by law. 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. Makes 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 handgun. 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).

    Prohibits carrying a concealed weapon, unless provided otherwise by law, (1) in an area prohibited by a rule adopted by the Legislative Services Commission under GS 120-32.1 concerning State legislative buildings and grounds, (2) in any area prohibited by 18 USC 922 or any other federal law, (3) in a law enforcement or correctional facility, or (4) on any private premises where notice is given by posting a conspicuous notice or statement by the person in legal possession or control of the premises that carrying a concealed handgun is prohibited. Exempts any person listed in GS 14-415.41 [intends to exempt persons listed in GS 14-269(b)] from this prohibition. Makes a violation of this statute a Class 1 misdemeanor.

    Makes conforming changes to GS 14-269.3, which prohibits carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed, to exempt a person carrying a concealed handgun from the prohibition (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or a person who is exempt from obtaining a permit under GS 14-415.25). Does not make changes to the clarification that a person may not carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c). Makes similar conforming changes to GS 14-269.4 to exempt a person carrying a concealed handgun from the prohibition on carrying weapons into certain State property and courthouses, so long as the firearm 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 (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or a person who is exempt from obtaining a permit under GS 14-415.25, who has a firearm in the locked vehicle as specified). Makes similar conforming changes to exempt carrying a concealed handgun from the prohibition of possessing any dangerous weapons at parades or funeral processions (previously, exempted persons carrying a concealed handgun with a valid permit under GS 14-415.24, a concealed handgun permit considered valid under GS 14-415.24, or is exempt from obtaining a permit under GS 14-415.25). Does not make changes to the clarification that a person may not carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c).

    Amends GS 14-269.1 to include convictions under new GS 14-415.35(b) to the convicted offenses for which the presiding trial judge must order the confiscation and disposal of the deadly weapon referenced in the conviction, in the judge's discretion as specified. Also establishes that this provision applies to a conviction of any offense in addition to those specified involving the use of a deadly weapon, including a firearm.

    Amends GS 14-269.2, which prohibits the carrying of weapons on any kind of educational property or to a curricular or extracurricular school-sponsored activity, as follows. Amends subsection (i) to exempt employees who reside on the higher education institution or nonpublic post-secondary educational institution at which the person is employed, who in addition to meeting other specified qualifications, has a handgun on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle located in a parking area of the property at which the person is employed and resides (previously, exempted persons carrying a concealed handgun with a valid permit or who is exempt from obtaining a permit under Article 54B of GS Chapter 14). Makes conforming changes to eliminate provisions concerning employees who are not authorized to carry a concealed handgun pursuant to Article 54B of GS Chapter 14. Makes identical changes to subsection (j) exempting employees of a public or nonpublic school who reside on the campus of the school at which the person is employed. Makes conforming changes to eliminate reference to concealed handgun permits in the exemption set out in subsection (k), which sets out parameters for how a handgun must be kept in a locked compartment within the person's locked vehicle. 

    Amends GS 14-401.24, which sets out the provisions for the unlawful possession and use of unmanned aircraft systems, to make a clarifying change to define the term weapon to include any object capable of inflicting serious bodily injury or death when used as a weapon, including a firearm. 

    Amends GS 14-409.40, which establishes the regulation of firearms as an issue of general statewide concern, to provide that nothing in this statute prohibits municipalities or counties from application of their authority under GS 14-415.35 (as enacted by this act).

    Amends GS 14-415.4, which provides for the restoration of firearms rights, to direct the court to deny the petition to restore the firearms rights of any petitioner if the court finds the petitioner is under indictment for a felony (previously, if the court finds that the petitioner is under indictment for a felony or a finding of probable cause exists against the petitioner for a felony).

    Enacts GS 14-415.10A to provide that the State of North Carolina is to continue to make a concealed handgun permit available, even though it is lawful to carry a concealed handgun without a permit under new GS 14-415.35, to any person who applies for and is eligible to receive a concealed handgun permit pursuant to Article 54B of GS Chapter 14, reasoning that a permit is convenient for purposes of reciprocity when traveling out of state and to make the purchase of a firearm. 

    Amends GS 14-415.11 to eliminate the provision that allows a military concealed handgun permitee to carry a concealed handgun during the 90 days following the end of deployment when that permitee's permit has expired during deployment. 

    Repeals GS 14-415.22 (the construction provisions of Article 54B of GS Chapter 14).

    Amends GS 74E-6 to provide that company police officers have the authority to carry concealed weapons pursuant to and in conformity with new GS 14-415.35 in addition to GS 14-269(b)(4) and (5) if duly authorized by the superior officer in charge. Company police agencies can be a hospital, a State institution, or a corporation engaged in providing on-site police security personnel service for persons or property under GS 74E-2 that is certified by the Attorney General in accordance with The Company Police Act, GS Chapter 74E.

    Amends GS 74G-6  to provide that campus police officers have the authority to carry concealed weapons pursuant to and in conformity with new GS 14-415.35 in addition to GS 14-269(b) if duly authorized by their campus police agency and by the sheriff of the county in which the campus police agency is located. Campus police agencies can be public educational institutions operating under the authority of the UNC Board of Governors or the State Board of Community Colleges and private educational institutions licensed by the UNC Board of Governors pursuant to GS 116-15 or that are exempt from licensure by the Board of Governors pursuant to GS 116-15(c) and certified by the Attorney General in accordance with The Campus Police Act, GS Chapter 74G.

    Amends GS 113-136 to authorize inspectors and protectors of the Department of Environmental Quality to arrest for violations of new GS 14-415.35, subject to the direction of administrative superiors, relating to matters within the jurisdiction of the Department concerning the conservation of marine and estuarine resources and relating to matters within the jurisdiction of the Wildlife Resources Commission concerning boating and water safety, hunting and trapping, fishing, and activities in woodlands and on inland waters. 

    Effective December 1, 2021.


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