PREEMPTION AFFIRMATION ACT.

View NCGA Bill Details2015-2016 Session
Senate Bill 394 (Public) Filed Tuesday, March 24, 2015
AN ACT TO ENSURE STATEWIDE UNIFORMITY OF FIREARMS LAWS.
Intro. by Tarte.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 25 2015)

Bill History:

S 394

Bill Summaries:

  • Summary date: Mar 24 2015 - More information

    Amends GS 14-409.40, Statewide uniformity of local regulation adding a new subsection (a2) which provides further intent behind the statute as deterring and preventing the violation of this statute and the rights protected under the Constitution and laws of the State related to firearms and ammunition by laws passed under the color of local or state authority.  Adds language further prohibiting counties or municipalities from regulating in any manner the taxation, manufacture, or transportation of firearms, ammunition, components, dealers in firearms or handgun components (currently prohibits regulations of only the possession, ownership, storage, transfer, sale, purchase, licensing, and registration of above firearm(s) or related). 

    Enacts new GS 14-409.40(h), which provides penalties and liability for counties and municipalities that violate the General Assembly's exclusive authority to regulate firearms and ammunition, including providing for a court to declare such ordinance or regulation invalid and issue a permanent injunction against the local government as well as civil fines of up to $5,000 against the elected official or head of any other governmental entity for a knowing and willful violation of the above prohibition on regulation.

    Effective December 1, 2015, applying to violations occurring on or after that date. 


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