Bill Summary for H 562 (2015-2016)

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Summary date: 

Jun 3 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 3rd edition.

Amends the short title and the long title of the bill.

Amends GS 106-503.2 to delete language requiring that any prohibition under this section, which regulates firearms at the State Fair, be conspicuously posted in compliance with GS 14-415.28.

Makes technical corrections to subsection (b) of GS 14-269, renumbering the subdivisions accurately. Makes all changes to (b) effective July 1, 2015 (was, October 1, 2015).

Deletes Section 10(d) of this act regarding determining the feasibility of reporting additional information to the National Instant Criminal Background Check System (NICS) from the state's court and law enforcement records.

Amends GS 14-269.4, which makes it unlawful for a person to possess or carry weapons on certain state property and in courthouses, to provide that this restriction does not apply to a person who possesses or carries an ordinary pocket knife, as defined in GS 14-269(d), in a closed position into the State Capitol Building or on the grounds of the State Capitol Building. Effective July 1, 2015.

Amends GS 120-32.1, enacting new subsection (c2), to provide that a legislator or legislative employee with a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under GS 14-415.24, may carry a concealed handgun on the premises of the state legislative buildings and grounds. Requires that the legislator or legislative employee provide notice to the Chief of the General Assembly Special Police or the Chief's designee, before carrying the handgun on the premises of the legislative buildings and grounds.

Amends GS 14-415.11(c)(3) to make a conforming change providing the exception as indicated in GS 120-32.1(c2), allowing legislators or legislative employees with a concealed handgun permit to carry a concealed handgun on the premises of the state legislative buildings and grounds.

GS 14-415.12(b) requires the sheriff to deny a permit to concealed handgun permit applicants covered by criteria as listed in the subsection. Amends GS 14-415.12(b) to rewrite subdivision (8a) to provide that the sheriff is to deny a permit to an applicant who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more misdemeanor violations of GS 14-277.3A or former GS 14-277.3 within five years prior to the date the application is submitted. Makes a technical correction, renumbering subdivisions previously numbered (8a) as (8b) and (8b) as (8c). Makes conforming and technical changes to GS 14-415.12(b)(8). Effective July 1, 2015 (was, October 1, 2015).

Amends GS 14-402(a), which specifies when it is unlawful to sell, give away, transfer, purchase or receive a pistol in this state, to provide that it is not unlawful for a person to purchase or receive a pistol from a dealer licensed under 18 USC Section 922 who conducts a background check via the National Instant Criminal Background Check System (NCIS) at the time the pistol is purchased or received. Effective October 1, 2018.

Amends GS 14-404 to direct the sheriff to only consider a pistol permit applicant's conduct and criminal history for the five-year period immediately preceding the date of the application for purposes of determining the applicant's good moral character. Requires that the application for a permit be on a form created by the department of Public Safety in consultation with the NC Sheriff's Association and that all sheriffs use this application and provide the application in both electronic form and paper form. Provides that the applicant for a permit needs only to submit the following: (1) the permit application, (2) $5 for each permit requested, (3) a government issued identification that confirms the applicant's identity, (4) proof of residency, and (5) a signed release in a form prescribed by the Administrative Office of the Court, which authorizes and requires disclosure to the sheriff of any court orders concerning the applicant's mental health or capacity for the purpose of determining if the applicant is disqualified to receive a permit under this section. Requires that a person or entity promptly disclose any court orders concerning the mental health or capacity of the applicant upon presentation of an original or photocopy of the signed release. Prohibits requiring any additional document or evidence from any applicant. Provides that an applicant may appeal a refusal by the sheriff to issue a permit by way of a petition to superior court (was, the chief judge of the district court) in the district in which the application was filed. Effective December 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.

Amend 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. Amends GS 14-415.13(a) to prohibit a sheriff from requesting employment information, character affidavits or any additional background checks or other information unless collection of such information is specifically permitted by this Article. 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 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 names, addresses, social security number, relationship to the alleged victim, date of birth, sex, or race. Also requires arrestinglaw 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. Effective October 1, 2015.

Makes technical and organizational changes.

Directs the AOC to use the sum of up to $20,000 available to it for the 2014-2015 fiscal year from the Court Information Technology Fund to comply with the reporting provisions found in GS 14-409.43, as enacted in this 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. Directs the AOC to report, no later than January 1, 2018, to the Joint Legislative Oversight Committee on Justice and Public Safety and the Joint Legislative Oversight Committee on Information Technology on its progress made towards providing the information required by subsection (d) of this section and providing the historical records to NICS.

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

Amends GS 122C-54.1(a), recodified as GS 14-409.42(a), to make conforming changes. Effective January 1, 2016.

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

Amends GS 14-415.15(a) to require the sheriff to request records regarding the mental health or capacity of a concealed handgun permit applicant within 15 days of receiving the items listed in GS 14-415.13 (was, required the sheriff to issue or deny the permit within 90 calendar days of receiving the application regardless as to whether the mental health or capacity records for the applicant had been received). Effective October 1, 2015.

Makes an organizational change to Article 1L, GS Chapter 90, as enacted in this act. Deletes the stated findings. Amends GS 90-21.77 to Article 1L, to require that any written questionnaire in which a health care provider asks for information regarding the patient's lawful ownership or other conduct involving firearms and ammunition must clearly and conspicuously provide notice that the patient is not required to answer any questions related to those matters (was, prohibited health care providers from asking a patient or the patient's representative to complete a questionnaire about firearms and ammunition unless the patient had been adjudicated incompetent due to mental illness). Deletes GS 90-21.78, as enacted in this act, which prohibited the disclosure of verbal inquiries about firearms and ammunition unless the patient had been adjudicated incompetent due to mental illness. Also deletes GS 90-21.79, which authorized the health care provider's licensing board to impose a fine, not to exceed $250, for non-willful violations of this article and not more than $500 for willful violations of this Article. Deletes GS 90-21.80, which provided that a violation of this Article was grounds for disciplinary action against a health care provider by the health care provider's licensing board or other regulatory authority. Effective October 1, 2015.

Amends GS 14-415.12(a) to provide that an applicant meets the qualifying criteria to receive a permit if the applicant is a US citizen or has been lawfully admitted for permanent residence as defined in 8 USC Section 1101(a)(20) and has been a resident of the state 30 days or longer immediately preceding the filing of the application.