Bill Summary for H 937 (2013-2014)

Summary date: 

Apr 24 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 937 (Public) Filed Thursday, April 11, 2013
Intro. by Schaffer, Burr, Faircloth, Cleveland.

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Bill summary

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

Changes the long title.

Makes clarifying changes to GS 14-269(a2).

Amends GS 14-269.2, excluding employees of an institution of higher learning or a nonpublic post-secondary educational institution and employees of a public or nonpublic school (that meets specified requirements) that reside on the campus where they are employed from the provisions of this section when specified criteria are met, including that the employee's residence must be a detached, single-family dwelling where the immediate family resides and the weapon is a handgun possessed and maintained in a specified manner. Specifies where the handgun may be kept or carried when the employee is not authorized to carry a concealed handgun pursuant to GS Chapter 54B.

Amends GS 14-269.2(j) (now, GS 14-269.2(k)), to make conforming changes to include the relevant educational properties and to require that the gun be kept in a closed compartment of a locked vehicle.

Amends GS 14-316, making structural and organizational changes.

Amends  GS 122C-54(d1), establishing instances when a record of determination or finding should be transmitted to the National Instant Criminal Background Check System (NICS). The following instances require such a record to be transmitted to NICS no later than 48 hours after receiving notice:

(1) 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.

(2) A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual's treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in danger to self or others.

(3) A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and dangerous to self or others.

(4) A finding that an individual is not guilty by reason of insanity.

(5) A finding that an individual is mentally incompetent to proceed to criminal trial.

(6) A finding that an individual lacks the capacity to manage the individual's own affairs due to illness, incompetency, or disease.

(7) A determination to grant a petition to an individual for the removal of disabilities pursuant to GS 122C-54.1 or other applicable federal law.

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 an entity having proper access to NICS. Requires the Administrative Office of the Courts to adopt rules concerning transmitting information to NICS.

Amends GS 122C-54.1 to allow an individual over age 18 to petition for the removal of disabilities arising out of determinations or findings that prevent the purchasing, possessing, or owning of a firearm upon the expiration of any commitment. Sets out the process, procedures, and standards which must be followed in the granting of the individual's petition by the court.

Amends GS 14-404(g) and GS 14-415.12(c), providing that an applicant is not ineligible to receive a permit because of an adjudication of mental incompetence, incapacity, or illness if the individual's rights have been restored under GS 122C-54.1

Amends GS 14-415.3, providing an exemption to the provisions of this section to persons whose rights have been restored pursuant to GS 122C-54.1.

Amends the effective dates of the act, providing that Sections 1 through 6 become effective October 1, 2013, and apply to offenses committed on or after that date. The remainder of this act becomes effective October 1, 2013.

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