Bill Summary for H 937 (2013-2014)

Summary date: 

Jun 11 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

Senate committee substitute makes the following changes to the 2nd edition.

Changes the long title.

Amends subsections GS 14-269.2(i)(4b) and GS 14-269.2(j)(4b), clarifying that, under specific situations, employees of an institution of higher education or nonpublic post-secondary educational institution, or a public or nonpublic school, residing on campus can have a handgun in the employee's vehicle or posses it outside the premises of the employee's residence when the employee is immediately leaving the campus or is driving directly to his or her residence from off campus (previously, provisions only provided for such possession when the employee was leaving campus).

Amends GS 14-269.2(k), providing that the provisions of this article do not apply to a person with a valid concealed handgun permit or a person who is exempt from obtaining such a permit and has a handgun in a closed compartment or container in the person's locked vehicle or in a locked container affixed to the person's vehicle. Provides that the person can unlock the vehicle to enter or exit provided the firearm remains in the closed compartment at all times and the vehicle is immediately locked upon entrance or exit (previously, set out specific types of educational property required for the exemption to be valid; exemption now applies to all types of educational property).

Amends GS 14-269.3(b), making a technical change.

Amends GS 14-415.17 to prescribe that a sheriff maintain as confidential (1) the list of persons who are issued a gun permit and (2) the information collected by the sheriff to process an application for a gun permit. However, maintains requirements that the sheriff make the list of permit holders and their permit information available upon request to all state and local law enforcement officials. Declares that the permit information and the list of permit holders is not a public record under GS 132-1. Directs the State Bureau of Investigation to make the list of permit holders and the information collected by the sheriff to process an application available to law enforcement officers statewide, but eliminates any requirement to share information with clerks of court on a statewide system.

Amends GS 14-406 to require that a dealer of pistols and other weapons is to keep records of sales confidential and that such records are not a public record under GS 132-1; however, requires the dealer to make the records available upon request to all state and local law enforcement agencies.

Amends GS 14-269.4, clarifying that the exemption for concealed carry permit holders also applies to those who are exempt from obtaining a concealed carry permit because of federal law which authorizes them to carry as current and retired law enforcement officers.

Enacts new subsection (d) to GS 14-277.2, providing an exception to the prohibition of concealed weapons at parades and funeral processions, allowing persons with a concealed carry permit to carry a concealed handgun, as long as the person in legal possession or control of the property on which he or she is carrying has not posted a notice prohibiting concealed handguns.

Amends GS 14-415.21, which provides criminal penalties for violating the conditions of a concealed carry permit, increasing the penalty for carrying on property that has a posted notice prohibiting the carrying of concealed weapons and for carrying concealed weapons while consuming alcohol or alcohol in the person's system from a Class 2 misdemeanor to a Class 1 misdemeanor. Makes a conforming change in GS 14-415.21(b).

Repeals GS 14-402, 14-403, 14-404, 14-405, and 14-407.1, all sections containing provisions regarding the pistol permit system, effectively repealing the pistol permit system. Amends GS 14-315(b1) and GS 20-187.2(a), making conforming changes in regards to the repeal of the pistol permit system.

Deletes changes made to GS 14-404(g) in the previous edition, which provided that an applicant cannot be ineligible to receive a specified permit because of an adjudication of mental incompetence.

Amends GS 14-415.18, requiring a sheriff to revoke the concealed carry permit of any person who has been adjudicated guilty of or receives a prayer for judgment continued for a crime that would have disqualified the permittee from initially receiving a permit.  Requires the sheriff to issue a written notice to the permittee of the revocation. Upon receipt of the notice the permittee is required to surrender the permit. Provides for an appeal procedure for the revocation.

Amends GS 14-269(b) and GS 14-415.27, allowing any North Carolina district court or superior court judge, magistrate, clerk of court, or register of deeds that has a concealed handgun permit to be exempt from the general prohibition against carrying a concealed weapon and from the prohibitions of carrying a weapon in certain areas, premises, or in certain circumstances, unless prohibited by federal law, including but not limited to courthouses and correctional facilities.

Amends GS 113-291.1(c), to allow hunting with a suppressor or other device designed to muffle or minimize the report of a firearm that is lawfully possessed.

Amends GS 14-415.10 and GS 14-269(b), concerning retired law enforcement officers, amending the definition of qualified retired law enforcement officer in regards to applying to the carrying of a concealed handgun, making it consistent with the federal law definition. Makes conforming and clarifying changes.

Amends the enactment clause, providing that Sections 1-6, 14-18, 21, 23, and 25 of the act will become effective October 1, 2013, and apply 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 this act remain applicable to those prosecutions. The remainder of this act becomes effective October 1, 2013.


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