Bill Summaries: H 588 OMNIBUS GUN CHANGES.

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  • Summary date: Apr 6 2017 - View Summary

    Part I.

    Deletes GS 14-404(e1)(5), regarding the application requirements for a permit to purchase a pistol, thereby no longer requiring a signed release for disclosure of court orders concerning the applicant's mental health or capacity. Adds that the sheriff may request disclosure of any court orders concerning the mental health or capacity of the applicant to be used for the purpose of determining whether the applicant is disqualified to receive a permit. Makes conforming deletions.

    Amends GS 122C-54 by deleting (d2) concerning a sheriff's access to records of involuntary commitment reported to the National Instant Criminal Background Check System. Adds that when a sheriff gives the potential holder of a mental health order written notification that an individual has applied for a pistol purchase permit, the holder of any mental health or capacity court orders must release the orders concerning the applicant to the sheriff.

    Effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.

    Part II.

    Amends GS 14-269.2 to allow a person who has a concealed handgun permit issued pursuant to Article 54B of GS Chapter 14 or considered valid under the reciprocity provisions of GS 14-415.24, or is exempt from obtaining a permit pursuant to GS 14-415.25, to possess and carry a handgun on the premises of a place of religious worship and any associated parking lot where that location is both a school and a building that is a religious place of worship under GS 14-54.1, so long as possession on the premises is outside the operating hours of the school. 

    Amends GS 14-415.11(c), which specifies places where a person may not carry a concealed handgun even with a permit, by making a technical change to remove areas prohibited by GS 14-269.3 and GS 14-277.2 from the areas listed. Qualifies the existing prohibition in areas prohibited by GS 14-269.2 (Weapons on campus and other educational property) to allow persons to carry a concealed handgun with a permit as allowed under the provisions of GS 14-269.2(m) (enacted by this act).

    Effective December 1, 2017.

    Part III.

    Enacts new GS 14-269.2(m). Authorizes persons with concealed handgun permits issued under Article 54B or one considered valid under GS 14-415.24, or one who is exempt from obtaining a permit under GS 14-415.25 to carry a concealed handgun on institutions of higher education as defined in GS 116-143.1.

    Amends GS 14-415.11(c) to make a conforming change.

    Effective December 1, 2017. Prosecutions for offenses committed before the effective date of this 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.

    Part IV.

    Amends GS 14-269.2 (Weapons on campus or other educational property) to exclude land, buildings, or other facilities owned, leased, or controlled by educational institutions but not primarily used for educational purposes; religious institutions whose facilities are used part-time as a school while not currently in use as a school; roads and other public thoroughfares that cross educational campuses; and medical facilities whose primary purpose is patient care rather than education from the definition of educational property. Enacts new subsection (b2) to exempt persons not participating in an extracurricular activity from the restrictions on carrying a firearm at an extracurricular activity described in subsection (b), provided that the extracurricular activity is conducted in a public place. Specifies that the statute does not apply to persons exempted by GS 14-269(b)(1 through 5).

    Amends GS 14-269.4 to authorize the Governor and his or her immediate family to carry a weapon on the property of the Executive Mansion and the Western Residence of the Governor.

    Amends GS 14-415.10 to revise the definitions of qualified former sworn law enforcement officerqualified retired correctional officer, and qualified retired probation or parole certified officer to include individuals retired from service in those positions who have been retired for five years or less (was, two years or less).

    Amends GS 14-415.11(b) to extend the validity of permits to carry concealed handguns under GS 14-415.12(b)(7) from five to ten years. Applies to permits issued on or after June 30, 2018.

    Amends GS 14-415.12(b)(7) to require sheriffs to deny concealed handgun permits to applicants who were are or have been discharged from the Armed Forces under dishonorable conditions (was, under conditions other than honorable).

    Amends GS 120-32.1 to add that legislators and legislative employees with concealed handgun permits are authorized to carry a concealed handgun on the premises of the State legislative buildings and grounds, notwithstanding any rule by the Legislative Services Commission (Commission). Authorizes the Commission to adopt a rule requiring the legislator or employee to provide notice to the Chief of the General Assembly Special Police before carrying the handgun on the premises. Authorizes the Legislative Services Commission to adopt a rule prohibiting the carrying of a firearm in the gallery of the State legislative building.

    Amends GS 14-415.11 to authorize legislators and legislative employees with concealed handgun permits to carry a concealed handgun on the premises of the state legislative building and grounds, subject to notice requirements adopted by the Commission.

    Amends GS 14-269.1 to clarify that weapons used in specified crimes must be returned to their rightful owners under specified conditions, unless the rightful owner is the convicted defendant, in which case the presiding judge may dispose of the weapon as specified at the judge's discretion.

    Amends GS 15-11.1 to make a conforming change.

    Enacts new GS 14-277.6 (Going armed to the terror of the people). Creates a new Class 1 misdemeanor for persons who arm themselves with an unusual and dangerous weapon for the purpose of terrifying others, and go about on public highways in a manner to cause terror to the people. Provides that no person may be convicted of this crime based only upon the person's possession or carrying of a handgun, whether openly or concealed.

    Effective September 1, 2017.

    Part V.

    Repeals GS 14-402, which requires a pistol permit to sell a pistol, and the following statutes related to a pistol permit, effective June 30, 2018: GS 14-403, GS 14-404, GS 14-405, and new GS 122C-54(d3). 

    Part VI.

    Unless otherwise indicated, effective when the act becomes law.