Bill Summary for H 189 (2021-2022)

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Summary date: 

Mar 1 2021

Bill Information:

View NCGA Bill Details2021
House Bill 189 (Public) Filed Monday, March 1, 2021
AN ACT TO ENACT THE SECOND AMENDMENT PRESERVATION ACT.
Intro. by Kidwell, Hanig, Goodwin, Adams.

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Bill summary

Includes whereas clauses.

Enacts GS 14-409.44, identifying five federal acts, laws, executive orders, administrative orders, court orders, rules, and regulations deemed infringements on the people's right to keep and bear arms guaranteed by the Second Amendment of the US Constitution and Section 30 of Article I of the NC Constitution, including any taxes on firearms, accessories or ammunition or registration or tracking of the owners of firearms, accessories or ammunition that might reasonably be expected to encroach on or impair the right of law-abiding citizens to purchase or own those items. Defines law-abiding citizen to mean a person who is not otherwise precluded under State law from possessing a firearm and excluding anyone who is not legally present in the US or NC. Defines the scope of the act to apply retroactively and deems described federal actions as null and void in the State. Deems it the duty of NC courts and law enforcement agencies to protect the described rights of law-abiding citizens within State borders and protect these rights from federal infringement. Prohibits any entity or person from enforcing the described federal actions prohibited by the act, or otherwise depriving a citizen of the rights and privileges of the Second Amendment or Section 30 of Article I of the NC Constitution, with injured parties authorized to bring an action against the violator(s) and receive reasonable attorneys' fees and costs if successful. Bars sovereign, official, or qualified immunity as an affirmative defense in any action brought under the act. Provides a severability clause.