Bill Summary for H 562 (2015-2016)

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Summary date: 

Apr 29 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 562 (Public) Filed Thursday, April 2, 2015
AN ACT TO AMEND VARIOUS FIREARM LAWS.
Intro. by Schaffer, Burr, Cleveland, Faircloth.

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Bill summary

House committee substitute makes the following changes to the 1st edition.

Amends GS 14-269 to add that an administrative law judge who has a concealed handgun permit is exempt from the prohibition on carrying concealed handguns. Makes conforming changes to GS 14-415.27.

Amends GS 14-296.2 to remove the provision stating that no school may prohibit the concealed carry of a handgun under (k) concerning handguns in locked vehicles.

Deletes the following: (1) changes to GS 14-269.3(b), concerning handguns on the premises of the State Fairgrounds; (2) the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1; (3) changes to GS 14-315(b1) concerning defenses; (4) new GS 14-409.41, Chief law enforcement officer certification; certain firearms; and (5) new GS 14-409.42, No prohibition regarding the transportation or storage of a firearm in locked motor vehicle by business, commercial enterprise, or employer; civil liability enforcement. 

Enacts new GS 106-503.2 allowing the Commissioner of Agriculture to prohibit carrying firearms on the State Fairgrounds during the State Fair. Sets out exemptions.

Amends GS 14-415.21 to make it an infraction to carry a concealed handgun in violation of GS 14-415.11(c)(8), prohibiting concealed carry on any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. Makes conforming changes. Effective July 1, 2015.

Repeals GS 122C-54(d1) (concerning determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) under the statute governing exceptions and abuse reports and court proceedings). Effective January 1, 2016.

Recodifies GS 122C-54.1 (Restoration process to remove mental commitment bar) as GS 14-409.42.

Repeals GS 14-404(c1) (transmission of information to NICS under the statute concerning refusals to issue pistol permits).

Enacts new GS 14-409.43, Reporting of certain disqualifiers to the NICS, establishing seven instances when a record of determination or finding should be transmitted to the NICS no later than 48 hours after receiving notice, including when there is a determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and dangerous to self or others and when there is a finding that an individual is not guilty by reason of insanity. Sets out reporting requirements for additional circumstances including after receiving notice of a felony warrant, indictment, or criminal summons by the Administrative Office of the Courts (AOC) or specified orders issued by a judge. Effective January 1, 2016.

Amends GS 122C-54(d2), providing that the records for involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment are accessible only by the sheriff or the sheriff's designee for the purposes of conducting background checks as specified. Deletes language which required the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.

Amends GS 14-404(a) (concerning the issuance or refusal of pistol permits) and GS 14-415.13(a) (concerning the application for a concealed handgun permit), adding language to both that provides that the required application forms pursuant to those subsections must be provided electronically by the sheriff. Effective October 1, 2015.

Amends GS 15A-502 adding new subsections that provide that it is the duty of an arresting law enforcement agency to fingerprint a person charged with the commission of specified misdemeanors, including but not limited to, GS 14-134.3 (Domestic criminal trespass), GS 20-138.1 (Impaired driving), or GS 90-95(d) (Possession of a controlled substance). Also provides that arresting law enforcement agencies are required to get as much of the specified personal identifying information as possible; such information includes given names, addresses, date of birth, gender, or race.  Also requires arresting law enforcement agencies to fingerprint and forward the fingerprints to the NICS of all individuals charged with the misdemeanor offense of assault, stalking, or communicating a threat and held under GS 15A-534.1. Requires magistrates to enter all information provided by the arresting law enforcement agencies into the court information system. Makes technical and organizational changes. Effective October 1, 2015.

Directs the AOC to use funds available form the Court Technology Fund to comply with the reporting provisions found in Section 4 of the bill, as well as to provide all the specified historical records to the NICS, including active and unserved felony warrants, indictments, criminal summonses, and orders for arrest from all counties.

Amends GS 14-404(g), 14-415.3(c), and 14-415.12(c), making conforming changes.

Amends GS 122C-54.1(a), recodified by Section 2 of the act as GS 14-409.42(a), making conforming changes, effective January 1, 2016.

Amends GS 15A-534(a), making conforming changes, effective October 1, 2015.

Amends GS 14-409.40 to add that no county or municipality may regulate the taxation, manufacture, or transportation of firearms and related items. Allows a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any county or municipality in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015.

Enacts new Article 11, Preserving Firearms Privacy for Patients, in GS Chapter 90. States the General Assembly's findings and intent. Sets out and defines terms for use in the Article. Prohibits a health care provider from asking a patient or the patient's parent, guardian, or custodian to complete a written form about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition unless the patient has been adjudicated incompetent due to mental illness. Also prohibits a health care provider from disclosing to any government official or agency the response of a patient, or the patient's parent, guardian, or custodian, to verbal inquiries about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness. Allows the health care provider's licensing board to impose a fine for violations of the provisions not to exceed $250 for nonwillful violations and $500 for willful violations. Also makes violations grounds for disciplinary action. Effective December 1, 2015, and applies to violations occurring on or after that date.

Amends GS 14-415.15(a) to require the sheriff to issue or deny a concealed handgun permit within 90 calendar days from the date on which the application was submitted regardless of the receipt of required records concerning the applicant's mental health or capacity. Prohibits issuing a denial unless the applicant is determined to be ineligible under GS 14-415.12. Effective October 1, 2015.

Amends GS 14-415.23 (Statewide uniformity) to allow a person adversely affected by any ordinance, rule, or regulation promulgated or caused to be enforced by any unit of local government in violation of the statute to bring an action for declaratory and injunctive relief and for actual damages. Requires the court to award the prevailing plaintiff reasonable attorneys' fees and court costs. Effective December 1, 2015. 

Amends the act's long title.