Bill Summary for H 937 (2013-2014)

Summary date: 

Jul 23 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

Conference report to the 4th edition makes the following changes.

Amends the act's long title.

Deletes the repeal of GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1.

Amends GS 14-403 to require sheriffs to issue to any person, firm, or corporation in any county a permit (was, license or permit) to purchase or receive any weapon mentioned in the Article. Makes conforming changes.

Amends GS 14-404 to also remove references to a license. Adds that the sheriff's statement to an applicant as to why the sheriff has decided not to issue a permit must cite the specific facts upon which the sheriff decided that the applicant was not qualified for the issuance of a permit and list the applicable law upon which the denial is based. Adds the requirement that the sheriff keep a list of al permit denials, with the reason for the denial noted. Prohibits the list from including information that would identify the application. Makes the list a public record and requires the list to be organized by quarters of the year. Effective July 1, 2014. Adds that excluding weekends and holidays, no later than 48 hours after receiving notice of any of the judicial findings, court orders, or other factual matters relevant to any of the permit disqualifying conditions, the clerk of superior court must transmit a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS). Adds that there is no limit as to the number or frequency of permit applications and no costs or fees other than the $5 permit fee. Requires a sheriff to notice an applicant as to whether the permit will be granted or denied within 14 (was, 30) days of application. Requires the sheriff to revoke any permit upon the occurrence of any event or condition subsequent to the permit issuance, or the applicant's subsequent inability to meet a requirement under the Article, which would have resulted in a denial of the application if the event, condition or inability to meet a statutory requirement had existed at the time of application and before permit issuance. Specifies procedures that apply to revocation.

Unless otherwise indicated, above provisions amending GS 14-404 are effective October 1, 2013.

Requires the Administrative Office of the Courts to report to the Joint Legislative Oversight Committee on Justice and Public Safety by October 1, 2013, on the progress toward implementing GS 14-404(c1) (requirement that clerk transmit findings to the NICS), with recommendations for legislation. Effective when the act becomes law.

Requires the sheriff to decide whether any existing and unexpired permits are subject to revocation no later than January 31, 2014. Requires each sheriff to report by March 31, 2014, to the Joint Legislative Oversight Committee on Justice and Public Safety with the results of the review. Allows the reports to be consolidated by the NC Sheriff's Association. Effective when the act becomes law.

Amends GS 14-405 to require the sheriff's record of issued permits to include issues related to a permit revocation. Specifies that the records are confidential and not a  public record, but must be made available pursuant to a court order.

Amends GS 14-315(b1)(1) by removing previous changes and instead amends one of the conditions that must be met for a defense to a violation of the statute to require that the person show that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under GS 14-402 (was, GS 14-402 or GS 14-409.1) for transfer of the weapon to an adult.

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