Bill Summary for H 86 (2019-2020)

Summary date: 

Feb 14 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 86 (Public) Filed Thursday, February 14, 2019
AN ACT TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN; TO REQUIRE A 72-HOUR WAITING PERIOD BEFORE A PURCHASED FIREARM MAY BE DELIVERED OR OTHERWISE POSSESSED; TO PROHIBIT THE SALE OF AN ASSAULT WEAPON OR LONG GUN TO PERSONS UNDER A CERTAIN AGE; TO PROHIBIT THE SALE OR POSSESSION OF A BUMP STOCK OR TRIGGER CRANK; TO REQUIRE THE SAFE STORAGE OF A FIREARM; TO REVISE RECIPROCITY LAW FOR A CONCEALED HANDGUN PERMIT; TO REQUIRE THE REPORTING OF A LOST OR STOLEN FIREARM; TO REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY FIREARM LIABILITY INSURANCE; TO LIMIT THE SIZE OF AMMUNITION MAGAZINES; TO REPEAL THE PREEMPTION OF LOCAL REGULATION OF FIREARMS; AND TO ALLOW THE DESTRUCTION OF A SEIZED FIREARM.
Intro. by Clark, Morey, Harrison, Willingham.

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Bill summary

Part I

Currently, the prohibitions set out in GS 14-402 apply to the sale, transfer, purchase, or receipt of pistols only. 

Amends GS 14-402, making it a Class 2 misdemeanor to sell, transfer, purchase, or receive assault weapons or long guns in the State unless the purchaser or receiver holds a license or permit issued under Article 52A (sale permits) from the county sheriff where the purchaser or receiver resides, or the purchaser or receiver holds a valid NC concealed handgun permit issued under Article 54B and is an NC resident at the time of purchase. Makes it a Class 2 misdemeanor to receive assault weapons or long guns from various federal, state, or local mail carriers or agents; railroad agents; or employees within the State without having, possessing, and exhibiting the purchase permit issued by the sheriff in GS 14-403. Additionally, makes it a Class 2 misdemeanor for any person to receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date of purchase or transfer agreement.

Defines assault weapon to mean: (1) any selective-fire firearm capable of semiautomatic or burst fire at the option of the user, including 37 specifically identified semiautomatic firearms; (2) 49 specifically identified semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles; (3) 22 specifically identified semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols; (4) all IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of the shotguns; and (5) all semiautomatic firearms that meet any of 8 detailed specifications, including a semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds, and a shotgun with a revolving cylinder. Defines long guns to mean a shotgun or rifle that is not considered an antique firearm or assault weapon, as currently defined by the statute.

Makes conforming changes to GS 14-403, setting out the standard form of the purchase permit issued by the county sheriff, and GS 14-404, providing for the issuance of permits to persons with felony convictions who are later pardoned or whose firearm rights have been restored. Amends GS 14-408.1 to include assault weapons in the term firearm as it is applied to the statute's provisions regarding soliciting unlawful purchases of firearms and unlawfully providing materially false information regarding the legality of a firearms or ammunition transfer.

Effective December 1, 2019.

Part II

Amends GS 14-269.7, making it a Class 1 misdemeanor for any minor under 18 to possess or carry a long gun, and for any minor under 21 to possess or carry an assault weapon. Defines long gun and assault weapon as set out in GS 14-402 as amended above. Currently, GS 14-269.7 only applies to minors under the age of 18 who possess or carry a handgun. Extends the current exceptions set out for minors' possession of handguns for certain purposes, such as the discharge of official duties as Armed Forces officers or personnel, to also include possession of a long gun or assault weapon in the same manner.

Amends GS 14-315, also making it a Class H felony for a person to sell, offer for sale, give, or transfer in any way a long gun or assault weapon to a minor (currently, the prohibition only applies to handguns). Extends the current exceptions set out for certain circumstances for handguns to also apply for long guns and assault weapons.

Effective December 1, 2019.

Part III

Enacts new GS 14-409A, making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer designed to increase the rate of fire achievable by the firearm. Defines bump stock to mean any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. Defines trigger crank to mean any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion, but does not include any weapon initially designed or manufactured to fire through the use of a crank or lever. Defines firearm to be as the term is defined in GS 14-409.39, defining the term to mean a handgun, shotgun, or rifle which expels a projectile by action of an explosion (and does not include assault weapons, as included in firearm defined in GS 14-408.1 as amended). Effective December 1, 2019.

Part IV

Repeals GS 14-315.1, Storage of firearms to protect minors. 

Enacts GS 14-409.44, requiring a person in possession or control of a firearm to store and keep the firearm in a locked container when it is not being carried or used by the owner or another lawfully authorized user. Makes violation of the statute a Class A1 misdemeanor and deems a violation to constitute wanton conduct, subjecting the violator to punitive damages in a civil action filed against the violator. Clarifies that the statute does not authorize the possession of a firearm otherwise prohibited under State or federal law. Specifies that firearm includes weapons regulated under GS 14-409 (machine guns and other like weapons) for purposes of the statute.

Amends GS 14-315.2, requiring a seller or transferor to deliver a written copy of GS 14-409.44, as enacted, to the purchaser or transferee upon the retail commercial sale or transfer of any firearm. Modifies the statement the statute requires to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms, mirroring the language of new GS 14-409.44. Maintains the provision making a violation of the statute a Class 1 misdemeanor.

Effective December 1, 2019.

Part V

Amends GS 14-415.24 (Reciprocity; out-of-state handgun permits). Directs the Department of Justice to inquire what criteria other states use for the issuance of a concealed handgun permit, and to compile a list of states whose criteria are at least as stringent as the criteria required in this State. Provides that only out-of-state licenses issued by those states are valid in North Carolina.

Part VI

Enacts new GS 14-409.13 (Report of loss or theft of firearm). Requires the owner of a firearm to report the loss or theft of the firearm within 48 hours after discovery of the loss or theft, either to the local law enforcement agency or the State Bureau of Investigation. Initial violations are a Class 3 misdemeanor. Subsequent violations are Class I felonies. Effective December 1, 2019.

Part VII

Amends GS 14-404 to require sheriffs to determine that a person has firearm liability insurance before issuing a firearm permit to that person. 

Enacts new GS 14-409.44 (Liability insurance required for gun owners). Requires any person in this State who intends to own a firearm to obtain a policy of liability insurance for at least $100,000 prior to ownership, and to maintain the policy throughout ownership. Requires persons owning a firearm on December 1, 2019, to obtain the insurance by January 15, 2020. Does not apply to law enforcement officers authorized to carry firearms. Directs the Department of Insurance to adopt rules to implement this statute.

Part VIII

Enacts new GS Chapter 14, Article 53D (Regulation of Large-Capacity Ammunition Magazines), as follows.

New GS 14-409.60 defines large-capacity magazine to include three specified classes of equipment, including a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting more than 15 rounds of ammunition, and to exclude three specified classes of equipment, including a feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition.

New GS 14-409.61 prohibits a person from selling, transferring, or possessing large-capacity magazines. Initial violations are Class 2 misdemeanors; subsequent violations are Class 1 misdemeanors. Violation is a Class I felony if the person possessed the large-capacity magazine during the commission of a felony. Exempts persons who own large-capacity magazines on December 1, 2019, and maintain continuous possession of the large-capacity magazine, and requires a prosecutor to refute an assertion that a person being prosecuted under this statute is exempted. Does not apply to entities that manufacture large-capacity magazines within North Carolina exclusively for transfer, any federally licensed gun dealer that sells large-capacity magazines exclusively to listed entities or their employees acting within their employment duties, employees of listed government agencies or the military who bear firearms in the course of the employee's official duties, or a person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a North Carolina manufacturer of large-capacity magazines.

New GS 14-409.62 requires a large-capacity magazine manufactured in North Carolina on or after December 1, 2019 to include a permanent stamp or marking indicating that it was manufactured or assembled on or after that date. Authorizes the State Bureau of Investigation to adopt rules implementing this statute. Violation is a Class 2 misdemeanor.

Effective December 1, 2019.

Part IX

Repeals GS 14-409.40 which preempted local governments from regulating firearms, except as specified in the statute.

Part X

Amends GS 15-11.1, GS 15-11.2, and GS 14-269.1, to allow for the destruction of seized, unclaimed, and confiscated firearms (previously allowed for destruction only if the firearm did not have a legible, unique identification number or if it was unsafe for use).

Part XI

Enacts new GS 14-406.2, Prohibition on sale, transfer, ownership, or possession of unsafe handgun. Includes findings of the General Assembly and defined terms. Directs the Department of Public Safety (DPS) to develop a roster of handguns determined not be unsafe based off the California Roaster of Handguns Certified for Sale (roster), defined as a roster compiled by the Department of Justice for the State of California pursuant to California Penal Code 12131 that lists all of the pistols, revolvers, and other firearms that have been tested by a certified testing laboratory and determined not to be unsafe. Makes it a Class 3 misdemeanor for any person, firm, or corporation to (1) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is not listed on the roster as of January 1 of the calendar year in which the handgun is to be transferred or (2) own or possess a handgun that is not listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or corporation lawfully owned or possessed the handgun prior to that date. Limits lawful owners of handguns not listed on the roster as of January 1 of the applicable calendar year to selling or otherwise transferring the handgun only to a dealer or sheriff of the county where the person resides. Authorizes the sheriff to destroy or dispose of the handgun pursuant to the specified provisions. Limits a dealer who retains or lawfully acquires a handgun not listed on the roster as of January 1 of the applicable year to selling or otherwise transferring the handgun to another dealer. Prohibits the transfer of a handgun not listed on the roster as of January 1 of the applicable year by devise or bequest. Makes a violation of these provisions a Class 3 misdemeanor.

Identifies seven exemptions from the statute, including the temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer, and the possession of a handgun by a nonresident while temporarily traveling through the state. 

Provides for DPS testing of handguns that it believes should be added to the roster or should be removed from the roster in accordance with the specified parameters. Directs DPS to annually review and update the roster by rule by January 1, including (1) adding or removing those handguns tested by DPS under subsection (f) and (2) adding to the exemptions approved pistols developed by other states as authorized under subdivision (e)(7). Directs DPS to publish the roster and any updates to its website at least 30 days prior to the date the roster is to take effect.

Specifies that the initial roster developed pursuant to new GS 14-406.2 is to be based on the California Roster of Handguns Certified for Sale as of January 1, 2020. 

Directs DPS to submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety on the development of the roster and the types of handguns included on the roster, and publish the roster on its website, by January 15, 2020. 

Effective January 1, 2020.

Part XII

Includes a severability clause.

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