SECOND AMENDMENT PRESERVATION ACT.

View NCGA Bill Details2015-2016 Session
House Bill 886 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROTECT THE RIGHT TO KEEP AND BEAR ARMS WITHIN THE STATE OF NORTH CAROLINA.
Intro. by Setzer.

Status: Ref To Com On Judiciary I (House Action) (Apr 15 2015)

Bill History:

H 886

Bill Summaries:

  • Summary date: Apr 20 2015 - More information

    Declares that this act is to be known as the Second Amendment Preservation Act.

    States the General Assembly's findings and declarations, which include a firm resolve to support and defend the US Constitution against foreign or domestic aggression and the assertion that the Tenth Amendment to the US Constitution affirms the limitation of the power of the federal government and reserves all power that is not delegated to the federal government in the US government to the states or the people. Sets forth additional conclusions and beliefs regarding the authority granted to or restricted from the federal government in the US Constitution.

    Adds a new Article 53, Protection of Right to Keep and Bear Arms, to GS Chapter 1.

    Defines the following terms as they apply in this article: (1)government agency, (2)law-abiding citizen, and (3)right to keep and bear arms.

    New GS 1-641 declares that a federal law,including a statute, an executive, administrative, or a court order, or rulethat infringes on a law-abiding citizen's right to keep and bear arms under the Second Amendment of the US Constitution or Section 30 of Article 1 of the NC Constitution is invalid and not enforceable in this state. Declares that a federal law that does any of the following infringes on a law-abiding citizen's right keep and bear arms: (1) imposes a tax, fee, or stamp on a firearm, firearm accessory, or firearm ammunition that is not imposed on all other goods and services and may be reasonably expected to create a chilling effect on the purchase or ownership of such items by a law-abiding citizen; (2) requires the registration or tracking of a firearm, firearmaccessory, or firearm ammunition or the owners of those items thatmay be reasonably expected to create a chilling effect on the purchase or ownership of such items by a law-abiding citizen; (3) prohibits the possession, ownership, use, or transfer of a firearm, firearm accessory, or firearm ammunition by a law-abidingcitizen; or (4)ordersthe confiscation of afirearm, firearm accessory, or firearm ammunition from a law-abiding citizen.

    New GS 1-642(a) declares that it is the duty of each court and law enforcement agency of this state to protect a law-abiding citizen's right to keep and bear arms. Subsection (b) provides that a government agency, or an employee or official of a government agency, may not enforce a federal law described by new GS 1-641.

    Subsection (a) of new GS 1-643 makesa government agency, or an employee or official of a government agency, who knowingly violates the provisions of GS 1-642(b) liable to the law-abiding citizen whose right to keep and bear arms was infringed. Provides that a law-abiding citizen whose rights are violated under GS 1-643(a) may obtain any of the following remedies: declaratory relief, injunctive relief, compensatory damages, and reasonable attorneys' fees, court costs, and other reasonable expenses.

    New GS 1-644 requires that a claimant under this article must give notice to the person who violated GS 1-642(b) that the person has infringed on the claimant's right to keep and bear arms. Specifies the form of delivery for the notice and the time requirement for delivery of the notice. Also specifies criteria to be met that will allow a claimant to bring an action for declaratory or injunctive relief and associated costs, including attorneys' fees and court costs. Allows a person receiving a notice to cure the infringement. Prohibits a claimant from bringing an action under GS 1-643 after the infringement has been cured.

    Requires a claimant to bring an action for damages under Article 53 no later than one year after the date theclaimantknew or should have known of the infringement onthe claimant's right to keep and bear arms. Provides that mailing notice under GS 1-644 tolls the limitations period under this section until the 75th day after the date on which the notice was mailed.

    Waives and abolishes sovereign and governmental immunity to suit but only to the extent of the liability created by GS 1-643 as enacted in this act. Provides that regardless of the provisions of this section, Article 53 of GS Chapter 1 does not waive orabolishsovereignimmunity to suit and from liability under the Eleventh Amendment to the US Constitution.

    Declares that the affirmative defense of official immunity is not available to an employee or official sued under GS 1-643.

    Provides that this act only applies to an infringement of the right to keep and bear arms that occurs on or after the effective date of this act.

    Makes this act effective October 1, 2015.


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