Bill Summary for H 518 (2013-2014)

Summary date: 

Apr 3 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 518 (Public) Filed Tuesday, April 2, 2013
A BILL TO BE ENTITLED AN ACT RELATING TO FIREARMS AND THE PRESERVATION OF THE SECOND AMENDMENT TO THE UNITED STATES CONSTITUTION.
Intro. by Jones, Holloway, R. Brown, Millis.

View: All Summaries for BillTracking:

Bill summary

Amends GS Chapter 14 by adding a new Article 53D, Second Amendment Protection Act, beginning in GS 14-409.50, providing that the NC General Assembly finds that the right to keep and bear arms is a fundamental right and affirms that this is constitutionally protected in North Carolina. Creates new GS 14-409.51 (Definitions), providing the terms and definitions to be applied in this Article, including ammunition, firearm, firearms accessories, generic and insignificant parts, manufactured, and public servant.

Creates new GS 14-409.52 (Regulation by State of firearms, firearms accessories, and ammunition manufactured in North Carolina; exceptions), establishing that firearms, firearm accessories, and ammunition that is manufactured in North Carolina and that remains in North Carolina exclusively are not subject to federal regulation or taxation, including registration, under the authority of the US Congress's power to regulate interstate commerce, because the NC General Assembly declares those items have not traveled in interstate commerce. Provides that this section applies to a firearm, firearm accessories, and ammunition manufactured in North Carolina from basic materials without the inclusion of any significant parts imported from another state or foreign country. Generic or insignificant parts that have other manufacturing or consumer product applications are not firearms, accessories, or ammunition, and their importation into North Carolina and incorporation into a firearm, firearm accessory, or ammunition manufactured in North Carolina does not subject the same to federal regulation.

Provides that basic industrial materials, including but not limited to, polymers, unmachined metal, bar stock, or ingots are not firearms, accessories, or ammunition and are not subject to congressional regulation authority. Provides that the US Congress's authority to regulate interstate commerce in basic materials does not include the authority to regulate firearms, accessories, and ammunition made within North Carolina's borders with those basic materials. Firearm accessories that are imported into North Carolina from another state that are subject to federal regulation do not subject the firearm to federal regulation under interstate commerce.  Firearms manufactured or sold in North Carolina under this Article will have the words "made in North Carolina" clearly stamped, inscribed, or otherwise marked on a central part of the firearm.

Creates GS 14-409.53 (Offenses and penalties; defense of North Carolina citizens), providing that any public servant, as defined in GS 14-409.51, or dealer selling any firearm in North Carolina who enforces or attempts to enforce any order, law, rule, or other regulation of the US government relating to a firearm, accessory, or ammunition that is manufactured in North Carolina and that remains exclusively in North Carolina will be guilty of a Class 1 misdemeanor. Provides that any official, agent, or employee of the US government that does the same will also be guilty of a Class 1 misdemeanor. Establishes that the Attorney General may defend a citizen of North Carolina that is being prosecuted by the US government for a violation of federal law relating to the manufacture, sale, or possession of a firearm, accessory, or ammunition manufactured and retained exclusively in North Carolina.

Effective December 1, 2013, applying to offenses committed on or after that date.

© 2021 School of Government The University of North Carolina at Chapel Hill

This work is copyrighted and subject to "fair use" as permitted by federal copyright law. No portion of this publication may be reproduced or transmitted in any form or by any means without the express written permission of the publisher. Distribution by third parties is prohibited. Prohibited distribution includes, but is not limited to, posting, e-mailing, faxing, archiving in a public database, installing on intranets or servers, and redistributing via a computer network or in printed form. Unauthorized use or reproduction may result in legal action against the unauthorized user.

Printer-friendly: Click to view