Bill Summary for H 241 (2011-2012)

Summary date: 

Mar 7 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 241 (Public) Filed Friday, March 4, 2011
EXEMPTING FROM FEDERAL REGULATION UNDER THE COMMERCE CLAUSE OF THE UNITED STATES CONSTITUTION A FIREARM, A FIREARM ACCESSORY, OR AMMUNITION MANUFACTURED AND RETAINED IN NORTH CAROLINA.
Intro. by Bradley.

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Bill summary

Enacts the North Carolina Firearms Freedom Act. Provides declarations of authority for this act, specifying the 2nd, 9th, and 10th amendments to the federal Constitution, the Federalist Papers (specifically Madison #46 and Hamilton #29), the natural law of logic, and Section 30 of Article I of the North Carolina Constitution and Declaration of Rights.
Defines the following terms as they apply in this act: (1) firearms accessories means items that are used in conjunction with or mounted on a firearm but are not essential to the basic function of a firearm; (2) generic and insignificant parts includes but is not limited to springs, screws, nuts, and pins; and (3) manufactured means that a firearm, a firearm accessory, or ammunition has been created from basic materials for functional usefulness.
Provides that federal law and regulation under the authority of Congress to regulate interstate commerce, including federal law regarding registration of firearms, does not apply to (1) personal firearm, (2) a firearm accessory, or (3) ammunition that is manufactured commercially or privately in North Carolina and that remains within the borders of the state. Declares that these items have not traveled in interstate commerce and are under the direct power of the 10th Amendment of the federal Constitution and the power to regulate these items is reserved to the state. Clarifies that the above prohibition from federal regulation applies to items manufactured in North Carolina without inclusion of any significant parts imported from another state. Specifies that generic and significant parts that may be used for other manufacturing or consumer product applications are not firearms, firearm accessories, or ammunition and their importation and use in a firearm, a firearm accessory, or ammunition manufactured in this state does not make these items subject to federal regulation. Provides additional clarification as to the materials and their use in firearms, firearms accessories, and ammunition and the determination of whether the items are subject to federal regulation.
Provides that the prohibitions against regulation under federal law do not apply to (1) a firearm that cannot be carried and used by one person; (2) a firearm with a bore diameter greater than one and one-half inches and that uses smokeless powder, not black powder, as a propellant; (3) ammunition with a projectile that explodes using an explosion of chemical energy after the projectile leaves the firearm; and (4) a firearm that discharges two or more projectiles with one activation of the trigger or other firing device.
Requires that a firearm manufactured or sold in this state under this act must have the words “Made in North Carolina” clearly stamped on a central metallic part. Requires that ammunition sold or manufactured in this state under this act must have the words “Made in North Carolina” stamped on the packaging at the time of sale but does not require the stamp to be on the ammunition itself.
Prohibits public employees employed at the federal, state, or local levels from enforcing the provisions of the federal statutes upon firearms and produce in intrastate commerce within North Carolina. Makes a violation of this prohibition a Class 1A misdemeanor. Specifies that public employees include but are not limited to agents of the (1) FBI; (2) Department of Homeland Security; (3) Bureau of Alcohol, Tobacco, Firearms and Explosives; (4) State Bureau of Investigation; (5) Highway Patrol; (6) sheriff’s departments; and (7) municipal and county police departments. This prohibition is effective only if Section 5 of Article 1 of the North Carolina Constitution is amended so that it does not conflict with this act.
Provides that the Governor and Attorney General may each enforce the provisions of this act in court by seeking injunctive and other relief.
Provides that this act applies to firearms, firearm accessories, and ammunition manufactured and retained in North Carolina after the date this act becomes law.

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