Currently, the prohibitions set out in GS 14-402 apply to the sale, transfer, purchase, or receipt of pistols only.
Amends GS 14-402, making it a Class 2 misdemeanor to sell, transfer, purchase, or receive assault weapons or long guns in the State unless the purchaser or receiver holds a license or permit issued under Article 52A (sale permits) from the county sheriff where the purchaser or receiver resides, or the purchaser or receiver holds a valid NC concealed handgun permit issued under Article 54B and is an NC resident at the time of purchase. Makes it a Class 2 misdemeanor to receive assault weapons or long guns from various federal, state, or local mail carriers or agents; railroad agents; or employees within the State without having, possessing, and exhibiting the purchase permit issued by the sheriff in GS 14-403. Additionally, makes it a Class 2 misdemeanor for any person to receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date of purchase or transfer agreement.
Defines assault weapon to mean: (1) any selective-fire firearm capable of semiautomatic or burst fire at the option of the user, including 37 specifically identified semiautomatic firearms; (2) 49 specifically identified semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles; (3) 22 specifically identified semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols; (4) all IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of the shotguns; and (5) all semiautomatic firearms that meet any of 8 detailed specifications, including a semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds, and a shotgun with a revolving cylinder. Defines long guns to mean a shotgun or rifle that is not considered an antique firearm or assault weapon, as currently defined by the statute.
Makes conforming changes to GS 14-403, setting out the standard form of the purchase permit issued by the county sheriff, and GS 14-404, providing for the issuance of permits to persons with felony convictions who are later pardoned or whose firearm rights have been restored. Amends GS 14-408.1 to include assault weapons in the term firearm as it is applied to the statute's provisions regarding soliciting unlawful purchases of firearms and unlawfully providing materially false information regarding the legality of a firearms or ammunition transfer.
Effective December 1, 2019.
Amends GS 14-269.7, making it a Class 1 misdemeanor for any minor under 18 to possess or carry a long gun, and for any minor under 21 to possess or carry an assault weapon. Defines long gun and assault weapon as set out in GS 14-402 as amended above. Currently, GS 14-269.7 only applies to minors under the age of 18 who possess or carry a handgun. Extends the current exceptions set out for minors' possession of handguns for certain purposes, such as the discharge of official duties as Armed Forces officers or personnel, to also include possession of a long gun or assault weapon in the same manner.
Amends GS 14-315, also making it a Class H felony for a person to sell, offer for sale, give, or transfer in any way a long gun or assault weapon to a minor (currently, the prohibition only applies to handguns). Extends the current exceptions set out for certain circumstances for handguns to also apply for long guns and assault weapons.
Effective December 1, 2019.
Enacts new GS 14-409A, making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer designed to increase the rate of fire achievable by the firearm. Defines bump stock to mean any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. Defines trigger crank to mean any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion, but does not include any weapon initially designed or manufactured to fire through the use of a crank or lever. Defines firearm to be as the term is defined in GS 14-409.39, defining the term to mean a handgun, shotgun, or rifle which expels a projectile by action of an explosion (and does not include assault weapons, as included in firearm defined in GS 14-408.1 as amended). Effective December 1, 2019.
Repeals GS 14-315.1, Storage of firearms to protect minors.
Enacts GS 14-409.44, requiring a person in possession or control of a firearm to store and keep the firearm in a locked container when it is not being carried or used by the owner or another lawfully authorized user. Makes violation of the statute a Class A1 misdemeanor and deems a violation to constitute wanton conduct, subjecting the violator to punitive damages in a civil action filed against the violator. Clarifies that the statute does not authorize the possession of a firearm otherwise prohibited under State or federal law. Specifies that firearm includes weapons regulated under GS 14-409 (machine guns and other like weapons) for purposes of the statute.
Amends GS 14-315.2, requiring a seller or transferor to deliver a written copy of GS 14-409.44, as enacted, to the purchaser or transferee upon the retail commercial sale or transfer of any firearm. Modifies the statement the statute requires to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms, mirroring the language of new GS 14-409.44. Maintains the provision making a violation of the statute a Class 1 misdemeanor.
Effective December 1, 2019.
Amends GS 14-415.24 (Reciprocity; out-of-state handgun permits). Directs the Department of Justice to inquire what criteria other states use for the issuance of a concealed handgun permit, and to compile a list of states whose criteria are at least as stringent as the criteria required in this State. Provides that only out-of-state licenses issued by those states are valid in North Carolina.
Enacts new GS 14-409.13 (Report of loss or theft of firearm). Requires the owner of a firearm to report the loss or theft of the firearm within 48 hours after discovery of the loss or theft, either to the local law enforcement agency or the State Bureau of Investigation. Initial violations are a Class 3 misdemeanor. Subsequent violations are Class I felonies. Effective December 1, 2019.
Amends GS 14-404 to require sheriffs to determine that a person has firearm liability insurance before issuing a firearm permit to that person.
Enacts new GS 14-409.44 (Liability insurance required for gun owners). Requires any person in this State who intends to own a firearm to obtain a policy of liability insurance for at least $100,000 prior to ownership, and to maintain the policy throughout ownership. Requires persons owning a firearm on December 1, 2019, to obtain the insurance by January 15, 2020. Does not apply to law enforcement officers authorized to carry firearms. Directs the Department of Insurance to adopt rules to implement this statute.
Enacts new GS Chapter 14, Article 53D (Regulation of Large-Capacity Ammunition Magazines), as follows.
New GS 14-409.60 defines large-capacity magazine to include three specified classes of equipment, including a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting more than 15 rounds of ammunition, and to exclude three specified classes of equipment, including a feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition.
New GS 14-409.61 prohibits a person from selling, transferring, or possessing large-capacity magazines. Initial violations are Class 2 misdemeanors; subsequent violations are Class 1 misdemeanors. Violation is a Class I felony if the person possessed the large-capacity magazine during the commission of a felony. Exempts persons who own large-capacity magazines on December 1, 2019, and maintain continuous possession of the large-capacity magazine, and requires a prosecutor to refute an assertion that a person being prosecuted under this statute is exempted. Does not apply to entities that manufacture large-capacity magazines within North Carolina exclusively for transfer, any federally licensed gun dealer that sells large-capacity magazines exclusively to listed entities or their employees acting within their employment duties, employees of listed government agencies or the military who bear firearms in the course of the employee's official duties, or a person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a North Carolina manufacturer of large-capacity magazines.
New GS 14-409.62 requires a large-capacity magazine manufactured in North Carolina on or after December 1, 2019 to include a permanent stamp or marking indicating that it was manufactured or assembled on or after that date. Authorizes the State Bureau of Investigation to adopt rules implementing this statute. Violation is a Class 2 misdemeanor.
Effective December 1, 2019.
Repeals GS 14-409.40 which preempted local governments from regulating firearms, except as specified in the statute.
Amends GS 15-11.1, GS 15-11.2, and GS 14-269.1, to allow for the destruction of seized, unclaimed, and confiscated firearms (previously allowed for destruction only if the firearm did not have a legible, unique identification number or if it was unsafe for use).
Enacts new GS 14-406.2, Prohibition on sale, transfer, ownership, or possession of unsafe handgun. Includes findings of the General Assembly and defined terms. Directs the Department of Public Safety (DPS) to develop a roster of handguns determined not be unsafe based off the California Roaster of Handguns Certified for Sale (roster), defined as a roster compiled by the Department of Justice for the State of California pursuant to California Penal Code 12131 that lists all of the pistols, revolvers, and other firearms that have been tested by a certified testing laboratory and determined not to be unsafe. Makes it a Class 3 misdemeanor for any person, firm, or corporation to (1) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is not listed on the roster as of January 1 of the calendar year in which the handgun is to be transferred or (2) own or possess a handgun that is not listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or corporation lawfully owned or possessed the handgun prior to that date. Limits lawful owners of handguns not listed on the roster as of January 1 of the applicable calendar year to selling or otherwise transferring the handgun only to a dealer or sheriff of the county where the person resides. Authorizes the sheriff to destroy or dispose of the handgun pursuant to the specified provisions. Limits a dealer who retains or lawfully acquires a handgun not listed on the roster as of January 1 of the applicable year to selling or otherwise transferring the handgun to another dealer. Prohibits the transfer of a handgun not listed on the roster as of January 1 of the applicable year by devise or bequest. Makes a violation of these provisions a Class 3 misdemeanor.
Identifies seven exemptions from the statute, including the temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer, and the possession of a handgun by a nonresident while temporarily traveling through the state.
Provides for DPS testing of handguns that it believes should be added to the roster or should be removed from the roster in accordance with the specified parameters. Directs DPS to annually review and update the roster by rule by January 1, including (1) adding or removing those handguns tested by DPS under subsection (f) and (2) adding to the exemptions approved pistols developed by other states as authorized under subdivision (e)(7). Directs DPS to publish the roster and any updates to its website at least 30 days prior to the date the roster is to take effect.
Specifies that the initial roster developed pursuant to new GS 14-406.2 is to be based on the California Roster of Handguns Certified for Sale as of January 1, 2020.
Directs DPS to submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety on the development of the roster and the types of handguns included on the roster, and publish the roster on its website, by January 15, 2020.
Effective January 1, 2020.
Includes a severability clause.
The Daily Bulletin: 2019-02-14
Enacts new GS 136-18(46). Authorizes the Department of Transportation (DOT) to enter into agreements with municipalities, counties, and other governmental entities to install automatic license plate reader systems, subject to conditions that preserve right-of-way use by other public utilities. Authorizes DOT to approve requests by municipalities, counties, and other governmental entities to use land or rights-of-way owned by the DOT that are encumbered by utility easements for the installation and use of an automatic license plate reader, so long as specified criteria are met, including that the use is temporary, and the license plate reader system is above ground and does not contain combustible fuel. Directs the removal of the system at the request of any affected public utility, and grants affected public utilities the right to move the system when they need immediate access to their facilities.The public utility is only liable for damages to the system resulting from gross negligence or willful misconduct.
Enacts GS 20-183.31(d), prohibiting the use of an automatic license plate reader system installed within a right-of-way under GS 136-18(46) for enforcement of traffic violations that are infractions or include failure to obey traffic signals or exceeding the speed limit.
The Daily Bulletin: 2019-02-14
Directs the Department of Public Instruction (DPI), Exceptional Children Division (Division) to incorporate into its policies and procedures an evaluation system for the Division’s technical assistance and support programs provided to the directors of exceptional children programs for local education agencies and other school personnel. Describes parameters for the evaluation system. Directs the Division to report to the specified NCGA Committee by December 15, 2019.
Directs the Government Data Analytics Center (Center) of the Department of Information Technology (DIT), in conjunction with the Department of Health and Human Services (DHHS) and DPI, to study the feasibility of local education agencies participating in the NC Health Information Exchange Network (HIE Network, known as NC Health Connex), as Medicaid providers of healthcare services to students. Describes parameters for the study. Directs the Center to report the study results to the specified NCGA committees and the Division by April 15, 2019.
Enacts Part 4 in Article 37 of GS Chapter 14 authorizing and regulating "game nights" held by nonprofit organizations. A nonprofit organization operating a game night must first obtain a permit by submitting an application with complete information including a $100 fee to either the central office or district office of the Alcohol Law Enforcement Section of the Department of Public Safety. Requires permits be displayed at game night events. Nonprofit organizations are prohibited from operating more than four game night events per year and each event must not exceed 5 hours. Regulates the timing of the events and sets out other limitations on the games. Limits the costs of prizes and expenses from exceeding the event proceeds. Cash prizes are prohibited and prizes are required to be awarded by raffles. Games are limited to roulette, blackjack, poker, craps, simulated horse racing, merchandise wheel of fortune, or any other games specified in the permit application and approved by Alcohol Law Enforcement. Requires hired game night vendors be paid at a fixed fee. Violations of game night regulations are punishable as Class 2 misdemeanor, with responsibility placed upon the person applying for the permit on behalf of the nonprofit organization. Limits the applicability of the Part to areas of the state located east of I-26 as it was located on November 28, 2011. Provides qualified facilities immunity from civil or criminal liability for violations of the Part if the nonprofit organization provided the facility with the permit for the game night event. Establishes that it is lawful for an employer or trade association, with 25 or more employees, to hold a game night event for employees and guests, so long as (1) there is no cost or charge to attendees; (2) the employer or trade association obtains a permit and pays the required fee set out in new GS 14-309.27; and (3) the game night event is held at a qualified facility, as defined in new GS 14-309.25(4). Adds that verification of tax-exempt status and licensure or exemption under GS Chapter 131F required by GS 14-309.27(b)(3) and (4) are not required from an applicant for a permit if the applicant is required to obtain the permit pursuant to the provisions of GS 14-309.34.
Enacts GS 14-309.35, making it lawful to possess or transport gaming table or equipment solely for use in game night events.
Makes clarifying changes to proposed GS 18B-1000(5a), defining qualified facility.
Directs the Department of Public Safety to make a report to the 2020 General Assembly detailing the game night event permit administration, as specified, including recommended changes to the act, if any.
Effective May 1, 2019. Voids the act if any portion of the act is held unconstitutional, or if the passage of the act would cause the State to forfeit payments due under a compact entered into between the State and a federally recognized Indian tribe.
Amends GS 136-27.1(b), which sets out the percentage of the nonbetterment cost a municipality must pay for relocation of water and sewer lines owned by the municipality that must be relocated for a State transportation improvement project, with the prescribed percentages based on population. Provides that a municipality with a population of 25,000 or greater but less than 100,000 (was, 50,000) must pay 50% of the cost with the Department of Transportation paying the remainder, and a municipality with a population of 100,000 (was, 50,000) or greater must pay 100% of the cost.
|Intro. by Brown.||GS 136|
Enacts new GS 103-15 designating May as Lupus Awareness Month.
Enacts new Part 6A in Article 1B of GS Chapter 130A establishing the 15-member Lupus Advisory Council (Council). Sets out the Council's duties, including making recommendations to the Governor and the Secretary of Health and Human Services aimed at improving patient health status and examining the financing of, and access to, health services. Sets out Council membership and provisions for electing the chairperson, establishing a quorum, paying member expenses, and providing Council support.
Directs the Division of Energy, Mineral, and Land Resources (Division) of the Department of Environmental Quality (DEQ) to study the adequacy and compliance with reporting requirements for delegated local erosion and sedimentation control programs. Requires the Division to report to the specified NCGA Committee by January 1, 2020, having considered the reporting aspects described. Based on the study findings and report, directs the Sedimentation Control Commission to issue rules revising the delegated local program reporting requirements and amend existing agreements with delegated local programs to incorporate the revised requirements.
Amends GS 113A-60(b), adding a new requirement for the Sedimentation Control Commission to review each local erosion and sedimentation control program for compliance with requirements of Article 4 of GS Chapter 113A (Sedimentation Pollution Control Act) at least every five years.
Adds to GS 113A-54.1, regarding the approval of erosion control plans, to require DEQ to collect and maintain data for at least two years regarding compliance with its internal targets for review and approval of erosion and sedimentation control plans. Requires the data be reported quarterly to the Sedimentation Control Commission, in the format described, to be used by the Commission to determine whether DEQ should modify the internal targets to ensure continued improvement in program efficiency.
Amends GS 113A-54 to require the Sedimentation Control Commission’s rules adopted for carrying out the erosion and sedimentation control program to provide for the use of site-specific risk factors in determining the frequency of inspection of land-disturbing activities conducted by DEQ pursuant to GS 113A-61.1.
Adds to GS 113A-61.1, concerning the inspection of land-disturbing activities, and GS 113A-60, by authorizing a local government or group of local governments establishing a limited program or joint limited program under the statute to contract with a licensed professional engineer or licensed landscape architect to conduct inspections of land-disturbing activities on its behalf.
Amends GS 113A-54.2, increasing the application fee from $65 to $125 per acre of disturbed land shown on an erosion and sedimentation control plan or of land actually disturbed during the life of the project, for review of an erosion and sedimentation control plan under Article 4. Amends GS 113A-60, increasing the maximum total fee amount which may be charged by a local government to cover the cost of inspection and program administration activities (including the fee amount established by GS 113A-54.2) from $100 to $170 per acre. Effective July 1, 2019.
Amends GS 113A-54, requiring the Sedimentation Control Commission to establish information management policies and directing the Commission to compel the DEQ Secretary to create a performance management system that meets three specified criteria, as described.
Requires the Division to report to the specified State Commissions and NCGA Committee regarding implementation of the act by January 1, 2020.
Repeals Article 2E, Transportation Corridor Official Map Act, of GS Chapter 136.
Makes conforming changes to GS 47-30(l), which provides exemptions from the statute's mapping requirements for the registration of certain plats and subdivisions. Further amends the statute to remove the exemption for the registration of highway right-of-way plans of plats acquired by the North Carolina Turnpike Authority as provided for in GS 136-89.184.
Makes conforming changes to repeal GS 160A-458.4, which authorized any city to establish transportation corridor official maps pursuant to Article 2E of GS Chapter 136, repealed by the act, and GS 161-14(c), which provided for the registration of transportation corridor maps.
The Daily Bulletin: 2019-02-14
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the local boards of education for the Franklin County Schools and Nash-Rocky Mount Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
The Daily Bulletin: 2019-02-14
Under current law, GS 115C-84.2(d) sets the parameters within which local boards of education must determine the opening and closing dates of public schools under subdivision (a)(1) of this statute. Amends GS 115C-84.2(d) to provide the Charlotte-Mecklenburg Schools with additional flexibility in adopting their school calendars. Applies beginning with the 2019-20 school year.
|Intro. by Waddell, Mohammed, Marcus.||Mecklenburg|
Actions on Bills: 2019-02-14
H 61: OMNIBUS GUN CHANGES.
H 76: SCHOOL SAFETY OMNIBUS.
S 57: REENACT FILM CREDIT.
S 58: REVISE MARIJUANA LAWS.
S 66: ALLOW GAME NIGHTS.
S 71: REPEAL MAP ACT.
Actions on Bills: 2019-02-14
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