Bill Summary for H 892 (2023-2024)

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Summary date: 

Apr 27 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 892 (Public) Filed Tuesday, April 25, 2023
AN ACT TO ALLOW AN INDIVIDUAL TO RESTRICT HIS OR HER ABILITY TO PURCHASE OR POSSESS A FIREARM BY VOLUNTARILY ADDING HIS OR HER NAME TO THE NORTH CAROLINA VOLUNTARY DO NOT SELL FIREARMS LIST.
Intro. by Harrison, Morey, Autry.

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Bill summary

Enacts new Article 53D (North Carolina Voluntary Do Not Sell Firearms List) in GS Chapter 14. Directs the State Bureau of Investigation (SBI) to establish and maintain the do not sell firearms list as a voluntary program where individuals may enroll themselves on the list. Prohibits the purchase, possess, or transport of a firearm to any person on the list. Requires the SBI to make the list available to all federal firearms dealers. Makes requests to join or withdraw from the list confidential except for certain disclosures to law enforcement or the applicant themselves. 

Establishes procedures for joining the do not sell firearms list and required information for the application. Also allows a person to make a written request to be removed from the list; a person will not be removed from the list until 21 days after the SBI receives the application for removal. Makes it a Class A1 misdemeanor for a person to inquire as to whether another person is on the list (except to determine a person's eligibility to purchase, possess, or transport a firearm), give any false information to enroll or remove someone from the list, or discriminate against a person due to their enrollment or lack of enrollment on the list. 

Creates new GS 14-408.1A, making it a Class 2 misdemeanor for a person on the do not sell firearms list to purchase, possess or transport a firearm, and for a federal firearms dealer to sell a firearm to someone on the do not sell firearms list. Makes a corresponding change to GS 14-415.12(b). 

Appropriates $10,000 for 2024-25 to the SBI from the General Fund to assist with costs in setting up the do not sell firearms list. 

Requires the SBI to adopt rules as necessary to implement the act. Allows the SBI to use procedures in GS 150B-21.1 (Procedure for adopting a temporary rule).

Effective and applicable to offenses committed on or after July 1, 2024.