Bill Summaries: H422 2ND AMENDMENT PROTECTION ACT/CERTAIN COUNTIES.

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  • Summary date: Mar 25 2021 - View Summary

    Part I.

    Amends GS 14-269.2, which prohibits weapons on campus or other educational property, with listed exceptions. Adds a new subsection providing that the statute does not apply to a person with a valid concealed handgun permit, or a person who is exempt from obtaining a permit, if: (1) the person possesses and carries a handgun on educational property other than an institution of higher education or a nonpublic, postsecondary education institution; (2) the educational property is the location of both a school and a building that is a place of religious worship; (3) the weapon is a handgun; (4) the handgun is only possessed and carried on educational property outside of the school operating hours; and (5) the person(s) in legal possession or control of the premises must not have posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with GS 14-415.11(c). Deems property owned by a local board of education or county commission not a building that is a place of worship as the term is used under the new subsection. Adds to the statute's defined terms school operating hours, defined to include any time when the premises are being used for curricular or extracurricular activities, are being used for educational, instructional, or school-sponsored activities, or being used for programs for minors or entities not affiliated with the religious institution. 

    Makes conforming changes to GS 14-415.11(c) to provide for the exception to GS 14-269.2(k1). Adds to GS 14-415.11(c) to prohibit concealed carry permit holders from carrying in areas prohibited by GS 14-269.3 (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed) and GS 14-277.2 (Weapons at parades, etc., prohibited).

    Applies to offenses committed on or after December 1, 2021.

    Part II.

    Amends GS 14-415.16 to require rather than allow sheriffs to waive the requirement of taking another firearms safety and training course if a concealed carry permittee applies for permit renewal no more than 60 days after permit expiration. Adds new provisions to require sheriffs to waive the same requirement if the permittee applies for permit renewal after 60 days but within 180 days of permit expiration, if the permittee completes and submits documentation of completion of a refresher course on the state laws governing firearm use and safety certified or sponsored by the NC Criminal Justice Education and Training Standards Commission (Commission), the National Rifle Association (NRA), or a law enforcement agency, college, institution or organization, or firearms training school, taught by instructors certified by the Commission or the NRA.

    Applies to renewal applications submitted on or after October 1, 2021.

    Part III.

    Amends GS 14-415.27 to allow a person with a concealed handgun permit to carry a concealed handgun in a law enforcement facility if the person is employed by a law enforcement agency who (1) is not a law enforcement officer sworn and certified pursuant to Article 1 of GS Chapter 17C or GS Chapter 17E, (2) has been designated in writing by the head of the law enforcement agency in charge of the facility, (3) has in the person's possession written proof of the designation, and (4) has not had the designation rescinded. Applies to offenses committed on or after July 1, 2021.

    Part IV.

    Amends GS 14-269 to add to the persons exempted from the prohibition against carrying concealed weapons. Exempts emergency medical services personnel while on duty who are deployed as part of their official duties providing tactical medical assistance to law enforcement in a SWAT operation. Qualifies the exemption of medical services personnel upon the completion of an approved tactical medical assistance course for supporting law enforcement operations. Details course requirements and also requires the course to be certified or sponsored by at least one of the following: the NC Criminal Justice Education and Training Standards Commission (Commission); the National Rifle Association (NRA); or a law enforcement agency, college, institution or organization, or firearms training school taught by instructors certified by the Commission or the NRA. Requires every instructor of an approved course to file course information, including proof of certification, annually with the Commission, or following any course modification.

    Applies to offenses committed on or after December 1, 2021.

    Part V.

    Limits the scope of the act to the following counties only: Iredell, Lenoir, Beaufort, Craven, Pender, Columbus, Lincoln, and Yadkin.