Bill Summary for H 562 (2015-2016)

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Summary date: 

Apr 30 2015

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 562 (Public) Filed Thursday, April 2, 2015
Intro. by Schaffer, Burr, Cleveland, Faircloth.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends the short and long titles.

Amends GS 14-269(b)(4a) adding language that clarifies that a district attorney can carry a concealed weapon while in a courtroom. 

Directs the Department of Agriculture, along with the Department of Public Safety and the North Carolina Sheriffs' Association, to study the best method to allow individuals with concealed handgun permits to carry a concealed handgun from a parking lot to the entrance of the State Fairgrounds and secure the handgun for storage and retrieval. Requires the Department of Agriculture to report to the Joint Legislative Oversight Committee on Justice and Public Safety by April 1, 2016, on recommendations and any necessary legislation.

Amends GS 14-415.12 to require a sheriff to deny a concealed handgun permit to a person that has been adjudicated guilty or received a prayer for judgment continued or suspended sentence for one or more crimes of assault or a threat to assault a law enforcement officer and various other specified public safety personnel. 

Deletes all of Section 8 from the previous edition, which set out requirements for signs prohibiting the carrying of a concealed handgun on any premises, including the requirements for the location and content of the signs. Also makes various conforming changes. 

Amends the provisions of GS 14-415.21 that provide that it is an infraction to carry a concealed handgun in violation of GS 14-415.11(c)(8), which prohibits concealed carry on private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement, making clarifying changes and providing that such violators can be required to pay a fine of up to $500.

Deletes all of Section 11 from the previous edition, which repealed regulations that required certain determinations or findings to be reported to the National Instant Criminal Background Check System (NICS) and various other provisions concerning reporting disqualifiers to the NICS. Also included in the now deleted Section 11 were provisions concerning the access of specified involuntary commitment records by the sheriff for background checks as well as provisions that required the fingerprinting of individuals charged with the commission of specified misdemeanors.

Repeals the following statutes: GS 14-402 (Sale of certain weapons without permit forbidden), 14-403 (Permit issued by sheriff; form of permit; expiration of permit), 14-404 (Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee), 14-405 (Record of permits kept by sheriff; confidentiality of permit information), and 14-407.1 (Sale of blank cartridge pistols). Effective October 1, 2018, applying to offenses committed on or after that date.

Amends GS 14-315(b1), deleting language that provided that a person producing evidence that a minor used an apparently valid permit to receive a weapon is a partial defense to the violation of selling or giving weapons to minors. Effective October 1, 2018, applying to offenses committed on or after that date.

Amends GS 14-404(c1) to clarify what information the clerk of court must transmit to the NICS. Directs the clerk of court to transmit to NICS those judicial findings and determinations that can be used to confirm a disqualifying factor as outlined in GS 14-404(c) within 48 hours of the entry of such data.

Directs the Administrative Office of the Courts (AOC), in consultation with the State Bureau of Investigation (SBI), to work with NICS to determine the feasibility of reporting additional information from the state's court and law enforcement records relevant to persons disqualified for purchase or possession under GS 14-404(c)(1), (c)(2), (c)(3), and (c)(8). Directs the AOC and the SBI to report to the Joint Legislative Oversight Committee on Justice and Public Safety on or before March 1, 2016. Specifies what must be contained in the report. 

Requires the AOC to use up to $20,000 from funds for the 2014-15 fiscal year from its Internet Technology Fund to implement the provisions found above in GS 14-404(c1). 

Enacts new GS 14-409.41 to provide that when a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer must, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited from receiving or possessing the firearm and is not the subject of a proceeding that could result in the applicant being prohibited from receiving or possessing the firearm. Requires written notification of any certification denial. Allows an applicant whose request for certification is denied to appeal the decision to the district court of the district in which the request for certification was made. Provides chief law enforcement officers and their employees who act in good faith with immunity from liability arising from any act or omission in making a certification. Effective October 1, 2015.

Amends the effective date provisions, providing that Sections 1, 2, 3, 8, and 9 of the act are effective October 1, 2015 (was, July 1, 2015), applying to offenses committed on or after that date. Section 5 is effective October 1, 2015 (was, July 1, 2015), but does not apply to pending litigation. Section 7 of the act becomes effective October 1, 2015 (was, July 1, 2015), applying to permit applications submitted on or after that date. Provides that Sections 11, 14, and 15 become effective October 1, 2015 (was, December 1, 2015), applying to violations occurring on or after that date.