Bill Summary for H699 (2015-2016)

Summary date: 

Apr 20 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 699 (Public) Filed Tuesday, April 14, 2015
AN ACT TO PROVIDE THAT NO STATE OR LOCAL OFFICIAL, AGENT, OR EMPLOYEE SHALL KNOWINGLY AND WILLFULLY ORDER ANOTHER STATE OR LOCAL OFFICIAL, AGENT, OR EMPLOYEE TO ENFORCE A FEDERAL LAW UPON A PERSONAL FIREARM, FIREARM ACCESSORY, OR AMMUNITION, UNLESS COMPLYING WITH A COURT ORDER; TO REPEAL THE PROHIBITION AGAINST CARRYING A CONCEALED WEAPON AND MAKE VARIOUS CONFORMING CHANGES; TO RETAIN THE CONCEALED HANDGUN PERMIT FOR THE CONVENIENCE OF RECIPROCITY WHEN TRAVELING IN OTHER STATES AND TO MAKE THE PURCHASE OF A FIREARM MORE EFFICIENT; AND TO PROHIBIT HEALTH CARE PROVIDERS FROM QUESTIONING COMPETENT PATIENTS ABOUT LAWFUL ACTIVITY RELATED TO FIREARMS AND AMMUNITION.
Intro. by Pittman.

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Bill summary

Part I.

States the General Assembly's intent and refers to the act as the Gun Rights and Privacy Act.

Enact new GS 14-409.41 to make it illegal, except when complying with a court order, for a State or local official, agent, or employee to knowingly and willfully order another state or local official, agent, or employee to enforce any executive order, agency order, law, rule or regulation of the US government as provided in subsection (b) of this section upon a personal firearm, a firearm accessory, or ammunition. Subsection (b) prohibits a federal executive order, agency order, law, statute, rule or regulation issued, enacted, or promulgated on or after December 1, 2015, from being knowingly and willfully ordered to be enforced by any state or local official, agent, or employee if it is contrary to the provisions of Section 30 of Article I of the NC Constitution. Makes a violation punishable by a civil penalty not to exceed $1,000 and makes a second or subsequent violation a Class 2 misdemeanor.

Part II.

Repeals GS 14-269 (Carrying concealed weapons), GS 14-269.3 (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed), GS 14-269.4 (Weapons on certain State property and in courthouses), and GS 14-277.2 (Weapons at parades, etc., prohibited).

Enacts new Article 54C, Carrying Concealed Weapons, in GS Chapter 14. 

Allows a US citizen who is at least 21 years old to carry a concealed weapon in North Carolina. Makes it unlawful for 11 classes of individuals to carry a concealed weapon, including a person who is ineligible to own, possess, or receive a firearm under the provisions of state or federal law; is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance; or is currently, or has been previously adjudicated to be, lacking mental capacity or mentally ill. A violation by these individuals is a Class 2 misdemeanor for first offenses and a Class H felony for second or subsequent offenses.

Makes it a Class 1 misdemeanor to carry a concealed weapon into: (1) an assembly where a admission fee has been charged if notice is given that carrying a concealed weapon on the premises is prohibited or (2) any establishment where alcoholic beverages are sold and consumed if notice is given. Sets outs exemptions to this prohibition for 14 classes of individuals, including the owner or lessee of the premises or business establishment; a person participating in the event, if the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; any person who is a qualified retired law enforcement officer; and specified court officials. 

Makes it illegal to possess or carry a deadly weapon in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings. Violations are a Class 1 misdemeanor. Sets out exemptions for seven classes of individuals, including personnel of the US Armed Forces when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons, civil and law enforcement officers, and state probation or parole‑certified officers when off duty. 

Makes it illegal to possess or carry a deadly weapon in courthouses. A violation is a Class 1 misdemeanor.  Sets out exemptions for 15 classes of individuals, including specified court officials, a qualified retired law enforcement officer, clerk of court or register of deeds (with specified limitations), and a person who has a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. 

Makes it illegal for parade or funeral procession participants or spectators to carry a concealed weapon on any premises if the person in control of the premises has posted a notice prohibiting the carrying of a concealed weapon on the premises. A violation is a Class 1 misdemeanor.  Sets out exemptions for 13 classes of individuals.

Makes it illegal to carry a concealed weapon: (1) in an area prohibited by rule adopted under GS 120‑32.1, (2) in any area prohibited by 18 USC § 922 or any other federal law, (3) in a law enforcement or correctional facility, or (4) on any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. A violation is a Class 1 misdemeanor.  Sets out exemptions for 11 classes of individuals.

Expands upon the individuals who are exempt from (1) the prohibition on carrying weapons on campus or other educational property and (2) the prohibition on manufacturing, assembling, possessing, storing, transporting, selling, offering to sell, purchasing, offering to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

Makes conforming changes. 

Part III. 

Enacts new GS 14-415.10A requiring the state to continue to make a concealed handgun permit available and states the purpose for doing so.

Amends GS 14-415.11 (Permit to carry concealed handgun; scope of permit) to delete the provision concerning a military permittee whose permit has expired during deployment. Makes additional conforming changes.

Makes conforming changes to GS 14-415.12, GS 15A-1343, GS 74E-6, GS 14-415.35, and GS 113-136, reflecting the repeals of statutes and new Article 54C.

Repeals GS 14-415.22 (concerning the construction of Article 54B, Concealed Handgun Permit).

Part IV.

Enacts new Article 11, Preserving Firearms Privacy for Patients, in GS Chapter 90. States the General Assembly's findings and intent. Sets out and defines terms for use in the Article. Prohibits a health care provider from asking a patient or the patient's parent, guardian, or custodian to complete a written form about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition unless the patient has been adjudicated incompetent due to mental illness. Also prohibits a health care provider from disclosing to any government official or agency the response of a patient, or the patient's parent, guardian, or custodian, to verbal inquiries about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness. Allows the health care provider's licensing board to impose a fine for violations of the provisions not to exceed $250 for nonwillful violations and $500 for willful violations. Also makes violations grounds for disciplinary action. Effective December 1, 2015, and applies to violations occurring on or after that date.

Part V.

Include a severability clause.

Part VI.

Unless otherwise provided, effective December 1, 2015, and applies to offenses committed on or after that date. Provides that 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.

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