Bill Summary for H 101 (2023-2024)

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Summary date: 

Feb 13 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 101 (Public) Filed Monday, February 13, 2023
Intro. by Adams, Hastings, Kidwell, Carson Smith.

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Bill summary

Part I.

Titles the Act as "The Firearms Liberty Act."

Part II.

Amends GS 14-269.2 (setting forth those circumstances when weapons on campus or other educational property is a crime) by adding a new defined term, school operating hours, to mean any time when the premises are used for curricular, extracurricular, educational, instructional, or school-sponsored activities or when the premises are being used for programs for minors by entities not affiliated with the religious institution.  Adds a new subsection providing that the statute does not apply to a person with a valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property other than an institution of higher education or a nonpublic, postsecondary educational institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; (4) the handgun is only possessed and carried on educational property outside of the school operating hours; and (5) the person or persons in legal possession or control of the premises have not posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises. Specifies for these purposes, property owned by a local board of education or county commission must not be construed as a building that is a place of religious worship. Makes conforming changes to GS 14-415.11. Effective December 1, 2023.

Part III.

Amends GS 14-415.27 to allow a person with a concealed handgun permit to carry a concealed handgun in a law enforcement or correctional facility if the person is employed by a law enforcement agency and who (1) is not a law enforcement officer sworn and certified pursuant to Article 1 of GS Chapter 17C or GS Chapter 17E, (2) has been designated in writing by the head of the law enforcement agency in charge of the facility, (3) has in the person's possession written proof of the designation, and (4) has not had the designation rescinded. Allows for the written designation to be rescinded by the head of the law enforcement agency in charge of the law enforcement facility. Applies to offenses committed on or after July 1, 2023.

Part IV.

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).

Part V.

Amends GS 14-415.16 to require rather than allow sheriffs to waive the requirement of taking another firearms safety and training course if a concealed carry permittee applies for permit renewal no more than 60 days after permit expiration. Adds new provisions to require sheriffs to waive the same requirement if the permittee applies for permit renewal after 60 days but within 180 days of permit expiration, if the permittee completes and submits documentation of completion of a refresher course on the state laws governing firearm use and safety certified or sponsored by the NC Criminal Justice Education and Training Standards Commission (Commission), the National Rifle Association (NRA), or a law enforcement agency, college, institution or organization, or firearms training school, taught by instructors certified by the Commission or the NRA. Applies to renewal applications submitted on or after October 1, 2023.

Part VI.

Amends GS 50B-3.1 as follows. Allows a defendant to enter into an agreement with a qualified licensed firearms dealer, after the defendant surrenders possession of all firearms, machine guns, ammunition, and permits to the sheriff pursuant to existing subsection (d), which requires the surrender upon service of a domestic violence emergency or ex parte order pursuant to GS Chapter 50B (Domestic Violence). Defines qualified licensed firearms dealer as a federally licensed firearms dealer that operates a business in a commercial building located in the State that is open to the public, who regularly engages in the purchase and sale of firearms with members of the public. 

Provides for the qualified licensed firearms dealer to take possession of the surrendered items from the custody of the sheriff if the defendant is the owner of the items and the items have been in the custody of the sheriff for at least 15 days. Requires that the defendant authorize the qualified licensed firearm dealer to submit a form created by the Administrative Office of the Courts requesting the transfer with notarized signatures of the defendant and the qualified licensed firearms dealer, and authorizing the storage or sale of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. Requires the form to include information concerning the defendant's rights to recover the surrendered items. Requires the qualified licensed firearms dealer to submit the form and a copy of the dealer's valid federal firearms license to the sheriff, who must facilitate the transfer within 24 hours. Specifies that sale proceeds are property of the defendant. Specifies that the defendant's permits remain with the sheriff. Requires the qualified licensed firearms dealer to provide a copy of the record required to be maintained under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition, to the sheriff and the owner, upon taking possession. Makes it a Class 2 misdemeanor for a qualified licensed firearms dealer that accepts possession to (1) release the transferred items to the defendant unless the motion for a protective order is dismissed or any order of surrender expires or (2) transfer possession to any person the dealer knows or reasonably should know will allow the defendant to exercise care, custody, possession, ownership, or control of the items. Prohibits a sheriff from charging storage fees for the first 15 days for items transferred to a qualified licensed firearms dealer.

Makes conforming changes throughout regarding retrieval, motions to return by third-party owners, and disposal, making the provisions applicable to qualified licensed firearms dealers.

Revises the procedure for a defendant's surrendered items to be returned. Now requires the defendant to submit a written request with the sheriff or the qualified licensed firearms dealer who has control of the firearms, ammunition, or permits (was file a motion with the court) at the expiration of the current order or final disposition of any pending criminal charges committed against the person that is subject to the current protective order, no later than 30 days (was, 90 days) after the expiration of the current order or final disposition of any pending criminal charge committed against the person that is subject to the current protective order. Upon receipt of the request, requires the sheriff or the qualified licensed firearms dealer to conduct a check through the NICS, and file a motion with the court on a form created by AOC if the check provides grounds for the defendant's preclusion from owning or possessing a firearm under State or federal law, during which time the items cannot be returned to the defendant until a court rules on the motion. Requires the court to hold a hearing and rule on the motion as previously provided for motions by the defendant for return of the items, with notice required for the qualified licensed firearms dealers, as applicable. 

Adds that a judge can order firearms and ammunition surrendered to a qualified licensed firearms dealer to be disposed of by sale by the dealer. Specifies that proceeds from the sale after deducting any costs associated with the sale and any storage fees owed to the sheriff or the qualified licensed firearms dealer must be provided to the defendant (previously, did not include deductions for storage fees from sale proceeds under this subsection). No longer requires the defendant to request proceeds from the sale by motion before or at the hearing.

Makes conforming, organizational, and clarifying changes. 

Effective December 1, 2023, and applies to orders issued on or after that date. 

Part VII.

Specifies 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.