PISTOL PURCHASE PERMIT REPEAL (NEW)

View NCGA Bill Details2021
House Bill 398 (Public) Filed Wednesday, March 24, 2021
AN ACT TO REPEAL PISTOL PURCHASE PERMITS.
Intro. by Adams, Cleveland, Goodwin, Hanig.

Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Aug 31 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO ALLOW PERSONS TO OBTAIN PISTOL PURCHASE PERMITS FROM A SHERIFF OF A COUNTY THAT IS CONTIGUOUS TO THE COUNTY THAT THE PERSON RESIDES IN.

Bill History:

H 398

Bill Summaries:

  • Summary date: Aug 31 2021 - More information

    The Governor vetoed the act on August 30, 2021. The Governor's objections and veto message are available here: https://webservices.ncleg.gov/ViewBillDocument/2021/52935/0/H398-BD-NBC-9148.


  • Summary date: Apr 20 2021 - More information

    House committee substitute deletes the content of the 1st edition and now provides the following. 

    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GS 14-315(b1)(1) (setting out the defense for selling a weapon to a minor that the minor produced a permit under now repealed GS 14-402).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Criminal Background Check System (NICS) by GS 14-409.43, for the purposes of conducting background checks under now repealed GS 14-404).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 act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. 

    Makes conforming changes to the act's titles. 


  • Summary date: Mar 24 2021 - More information

    Expands GS 14-404 to authorize a sheriff to issue a pistol purchase permit to a resident of any contiguous county if existing criteria of resident applicants are met. Allows the sheriff to decline to issue a permit to a resident of a contiguous county for any reason not prohibited by law. Requires written notice within seven days of refusal and a statement of reason(s), which can be solely because the applicant is not a county resident. 

    Amends GS 14-402 to allow the sale or transfer and the purchase or receipt of a pistol to a purchaser or receiver who has obtained a license or permit from the sheriff of any county contiguous to the county in which the purchaser or receiver resides. 

    Applies to offenses committed on or after December 1, 2021, and permit applications received after December 1, 2021. 


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