Bill Summary for H 650 (2011-2012)

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Summary date: 

Jun 2 2011

Bill Information:

View NCGA Bill Details2011-2012 Session
House Bill 650 (Public) Filed Tuesday, April 5, 2011
Intro. by Hilton, LaRoque, Cleveland, Hastings.

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Bill summary

House committee substitute makes the following changes to 1st edition. Repeals GS 14-51.1 (use of deadly force against an intruder) and enacts new GS 14-51.2 providing that a person is presumed to have held a reasonable fear of imminent death or serious bodily harm to self or another when using defensive force that is intended or likely to cause death or serious bodily harm to another if both of the following apply: (1) the person against whom the force was used was
in the process of unlawfully and forcefully entering, or had so entered, the house, motor vehicle, or workplace, or had removed or attempted to remove another from the home, vehicle, or workplace and (2) the person using the defensive force knew or had reason to believe that such unlawful and forcible entry or removal had occurred. Provides that the presumption is rebuttable if the use of defensive force occurs in a motor vehicle or workplace. The presumption does not apply if (1) the person against whom the force was used had a right to be in the home, vehicle, or workplace, and there is not a protective or no contact order against that person; (2) the person removed or sought to be removed is a minor child or minor grandchild or is otherwise under lawful custody or guardianship of the person against whom the defensive force is used; (3) the person using the force is engaged in other unlawful activity; (4) the person against whom the force is used is a law enforcement officer acting in the lawful performance of the officer's official duties, and who has made his or her status as a law enforcement officer known or the person using force should have known the individual was an officer; or (5) the person against whom the force is used has discontinued all efforts to unlawfully and forcefully enter and has exited the home, vehicle, or workplace. Provides that a person who unlawfully and by force enters or attempts to enter another's home, vehicle, or workplace is presumed to be doing so with intent to commit an unlawful act involving force or violence. Provides immunity for a person using force as justified by circumstances described above. Defines terms as used in the proposed new section.
Enacts new GS 14-51.3 providing that a person may use force, but not deadly force, in the defense of self or of others if the person reasonably believes that the use of force is a necessary defense against the imminent use of unlawful force by another. However, provides that a person is justified in the use of deadly force and has no duty to retreat in any place the person has the lawful right to be if: (1) the person reasonably believes that the use of deadly force is necessary to prevent imminent death or serious bodily harm to self or to another or (2) under the circumstances permitted under proposed GS 14-51.2. Provides that a person who uses force as permitted in proposed GS 14-51.3 is immune from civil or criminal liability except if the person against whom the force is used is a law enforcement officer acting lawfully in the performance of the officer's official duties and the officer provided identification or the person using the force knew or reasonably should have known that the person was a law enforcement officer lawfully acting in performance of the officer's official duties.
Enacts new GS 14-51.4 providing for instances in which the justification for defensive force is not available to a person who: (1) was attempting to commit, committing, or escaping after the commission of a felony or (2) initially provokes the use of force against himself or herself. Provides the following instances when the person who initially provokes the use of force against himself or herself will be justified in using defensive force: (1) the force used by the person who was provoked is so serious that the person using defensive force reasonably believed he or she was in imminent danger of death or serious bodily harm, had no reasonable means of escape, and was the only way to escape the danger or (2) the person who used defensive force withdraws from physical contact with the person who was provoked, and indicates clearly that he or she desires to withdraw and terminate the use of force, but the person provoked continues or resumes the use of force.
Amends GS 14-269(b) to add to the list of persons who may carry a concealed weapon without first obtaining a concealed carry permit a qualified retired law enforcement officer who is certified by the North Carolina Criminal Justice Education and Training Standards Commission, provided the person is not consuming, or have remaining in the officer's body alcohol or an unlawful controlled substance.
Makes changes throughout the act providing that when a person with a valid concealed handgun permit stores a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle, the person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.
Amends GS 14-269.2 by restoring the criminal penalties previously amended concerning carrying firearms on school grounds. Makes other organizational and technical changes.
Amends GS 14-269.4 to remove the willfully and intentionally requirement previously added to the prohibition against carrying any open or concealed deadly weapon on certain state property or in courthouses.
Amends GS 14-269.7(a) to make it a Class 1 misdemeanor (previously Class 2) for any minor to willfully and intentionally possess or carry a handgun.
Rewrites GS 14-269.8 to allow persons under a GS Chapter 50B domestic violence order to own, but not possess, purchase, or receive a firearm. Makes conforming changes to GS 50B-3.1(d) and GS 50B-3.1(j).
Amends GS 14-288.8(b) to allow a person to possess or own a weapon of mass destruction, as defined, in compliance with federal law (26 U.S.C. Chapter 53, �_�_ 5801-5871). Makes similar change to GS 14-409(b).
Amends GS 14-404(d), concerning exempting officers authorized by law to carry firearms who are exempt from needing to be issued a pistol purchase permit, to provide that an officer must provide certain proof to a vendor or donor that the officer is authorized by law to carry firearms. Removes the provision that the officer must be purchasing the firearm for a purpose directly related to the law officer's official duties.
Enacts new GS 14-408.1, providing it to be a Class F felony for anyone to knowingly solicit, persuade, encourage, or entice a licensed dealer or private seller of firearms or ammunition to transfer a firearm or ammunition under circumstances the person knows are unlawful. Any person who knowingly gives a licensed dealer or private seller of firearms or ammunition information that is materially false with the intent to deceive the dealer or seller about the legality of the transfer is guilty of a Class F felony. The statute does not apply to law enforcement officers in certain circumstances. Provides definitions under the proposed statute.
Amends GS 14-409.10 to allow citizens of North Carolina to purchase a rifle or shotgun in another state if the person undergoes a background check that satisfies the law of the state of purchase and that includes an inquiry of the National Instant Background Check System.
Enacts new GS 14-409.41 to provide that an employer, business, or commercial enterprise may not have a policy or rule prohibiting a person, with a valid concealed handgun permit, from transporting or storing any firearm, if the firearm is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. This provision does not apply to vehicles owned or leased by an employer, or where transport or storage of a firearm is prohibited by state or federal law or regulation. Provides relief for persons injured or damaged by violations of this provision. Provides relief for an employee who is discharged by an employer in violation of this provision. Provides immunity for a business, employer, property owner, or commercial enterprise that complies with the provisions, and states that such persons and entities are not to be held liable in any civil action for damages, injuries, or death resulting from another person's actions involving a firearm stored in compliance with this provision.
Enacts new GS 95-156 to state that the decision of a business, commercial enterprise, employer, or property owner allowing persons with handgun permits to carry a handgun on such property does not constitute an occupational safety or work hazard.
Amends GS 14-415.11(a) to clarify that a person who holds a valid concealed handgun permit has a duty to disclose to a law enforcement officer the person holds such permit only when the person is approached or addressed by an officer while the officer is in the performance of official duties.
Amends GS 14-415.11(c) to make conforming changes as to where a concealed handgun permit allows a handgun to be carried. Specifies that it is lawful for a person with a permit to carry a concealed handgun at any rest area or rest stop owned by the state.
Amends GS 14-415.13(a)(5) to clarify that the provision does not prohibit submitting information related to involuntary commitment to the National Instant Criminal Background Check System.
Amends GS 14-415.15(a) to clarify that a sheriff may either issue or deny a concealed handgun permit 45 days after receipt of the items listed in GS 14-415.13 and receipt of the required records concerning the mental health or capacity of the applicant.
Amends GS 14-415.18(a) to provide that a sheriff may not revoke a permit if a person provides a duplicate of the permit to a vendor for record-keeping purposes.
Rewrites GS 14-415.21 to reduce the penalty to an infraction (previously a Class 2 misdemeanor) for violations involving the failure of a concealed handgun permit holder to carry the permit when also carrying a concealed weapon, or for failing to inform a law enforcement officer that the permittee is carrying a concealed weapon. Previous edition repealed GS 14-415.21.
Deletes amendments to GS 153A-129, 166A-3, and 160A-189.
Deletes provisions from previous edition regarding communicating threats, weapons at parades and other assemblies, statewide uniformity of local regulation, and criteria to qualify for the issuance of a permit.
Effective December 1, 2011, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of the act are not abated or affected by this act, and the statutes that would be applicable but for the act remain applicable to those prosecutions. Makes conforming changes to the bill title.