Bill Summary for H 650 (2011-2012)

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Summary date: 

Apr 5 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

Amends numerous gun laws. Reduces the penalty for firearm possession on school grounds to a Class 1 misdemeanor (was, Class I felony) and adds a scienter requirement; reduces the penalty for possessing knives, bb guns, and similar weapons on school grounds, and for encouraging or aiding a minor to possess such weapons on school grounds, to a Class 2 misdemeanor (was, Class 1). Exempts a person with a valid concealed carry permit from criminal penalties for possession on school grounds or at school activities when the firearm is located in a vehicle. Adds a scienter requirement to the prohibition on open or concealed carry of deadly weapons in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor and any courts, and exempts a person with a concealed carry permit who has a firearm in a closed container in a locked vehicle from the prohibition on weapons at those locations. Eliminates the exemption for weapons at state owned rest areas, rest stops and hunting or fishing reservations. Eliminates the automatic prohibition on firearms for persons subject to domestic violence protective orders and reduces the penalty to a Class 1 misdemeanor (was, Class H felony). Allows a justification defense for persons otherwise guilty of communicating threats. Permits guns locked in vehicles in parades, funeral processions, picket lines and demonstrations at private health care facilities or government properties, narrows the definition of 'dangerous weapons' prohibited at such locations, and exempts persons with concealed carry permits from those prohibitions. Apparently intends to prohibit local ordinances that would allow confiscation or seizure of weapons during states of emergency. Broadens the preemption of local ordinances or exercise of proprietary authority that regulate firearms and ammunition. Narrows the power of counties and municipalities to use zoning authority to restrict sale or display of firearms and ammunition. Narrows power of counties and municipalities to extend bans on firearm possession to parking areas. Provides that prohibition of firearms in publicly owned buildings does not apply to business or residential lessees in those buildings. Provides for persons who have been convicted of felonies or otherwise lost their firearms rights to have those rights restored by pardon or otherwise. Allows concealed carry permit holders to carry concealed handguns in bars, at parades and other public assemblies, and in areas subject to rules of the Legislative Service Commission. Limits the grounds on which sheriffs can deny concealed carry permits, and provides for judicial review of permit denials, with the right of appeal. Decreases the time within which a sheriff must deny or issue a permit and the length of temporary emergency permits to 45 days. Narrows the grounds for a sheriff to revoke a concealed carry permit. Provides for comity with any state that issues a concealed handgun permit. Restricts the fees that sheriffs may charge for storage of surrendered and seized weapons, and removes liability shield from sheriffs for damage or deterioration of weapons in storage or transport. Directs courts to order the return of seized or surrendered weapons absent a finding that the defendant is precluded by law from possessing the weapon. Eliminates the requirement that persons subject to a protective order prohibiting the possession of firearms must disclose all information about weapons they possess. Reduces the penalty for violation of protective orders to a misdemeanor (was, Class H felony). Amends GS 153A to eliminate a county's authority to regulate the display of firearms on public roads, sidewalks or other public property. Amends GS 160A similarly, and provides that city regulation of firearms is subject to Article 53C of Chapter 14, providing for sport shooting ranges. Effective December 1, 2011.