Bill Summary for H 28 (2025-2026)

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Summary date: 

Jan 30 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 28 (Public) Filed Thursday, January 30, 2025
AN ACT TO CREATE THE OFFENSES OF POSSESSING, BRANDISHING, OR DISCHARGING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY.
Intro. by Balkcom, Carson Smith, Miller, Pyrtle.

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Bill summary

Enacts GS 14-415.1A creating the criminal offense of possession of certain weapons by felon during the commission or attempted commission of a felony. Defines brandish, firearm, and weapon of mass death and destruction. Makes it unlawful for any person who is prohibited pursuant to GS 14-415.1 (general prohibition on possession of firearms by felon) from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of certain felonies. Specifies that unless the conduct is covered under some other provision of law providing a greater punishment, a person who violates the section is guilty of the following: a Class C felony if the person discharges the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; a Class D felony if the person brandishes the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony; and a Class F felony for any other violations. Prohibits merger of the offense with other offenses.

Amends GS 14-415.1 (prohibiting possession of firearms by a felon) to specify that a violation of GS 14-415.1 is not a lesser included offense of GS 14-415.1A. Changes the penalty for violations of GS 14-415.1 to a Class F felony (was, Class G felony). Effective December 1, 2025, and applies to offenses committed on or after that date.