Bill Summary for H 562 (2015-2016)

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Summary date: 

Jun 16 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 amendments make the following changes to the 4th edition.

Amendment #1

Deletes language that repealed the following statutes: GS 14-402 (Sale of certain weapons without permit forbidden), 14-403 (Permit issued by sheriff; form of permit; expiration of permit), GS 14-404 (Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee), GS 14-405 (Record of permits kept by sheriff; confidentiality of permit information), and GS 14-407.1 (Sale of blank cartridge pistols).

Deletes proposed changes to GS 14-315(b1), which deleted 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. Also deletes proposed changes to GS 14-402(a), which provided that it was not unlawful for a person to purchase or receive a pistol without a permit from a dealer licensed under 18 USC Section 922 who conducts a background check via the National Instant Criminal Background Check System (NCIS) at the time the pistol is purchased or received.

Amends GS 14-402, Sale of certain weapons without permit forbidden, adding language which provides that the provisions of this section do not apply to purchases made from dealers licensed pursuant to 18 USC 922.

Makes conforming changes. 

Amendment #2

Amends GS 14-403, Permit issued by sheriff; form of permit; expiration of permit, adding that weapon permits issued pursuant to GS Chapter 14, Article 52A, must be in a (1) standard form as created by the State Bureau of Investigation, (2) of uniform size and material, (3) designed to minimize the ability to be counterfeited or replicated, and (4) contain a watermark. Also requires that the standard permit be used statewide by the sheriffs of all counties and, when issued, must contain an embossed seal unique to the issuing sheriff. Effective December 1, 2015, applying to permits issued on or after that date.

Provides that permits properly issued before the above provisions are effective remain valid until expiration. Provides for the exchanging of valid permits for an updated version of the permit.

Requires the Department of Public Safety to make reasonable efforts to alert federally licensed firearm dealers in North Carolina of the new permit appearance and requirements implemented above.

Amendment #3 

Authorizes the Administrative Office of the Courts to use up to $20,000 of funds available to it from the Court Information Technology Fund for the 2014-2015 fiscal year to comply with portions of subsection (d) [was, comply with subsection (d)] of Section 11 of this act applicable to the Administrative Office of the Courts.

Provides that Section 9 of this act, which amends GS 14-415.21, becomes effective December 1, 2015 (was, July 1, 2015), and applies to offenses committed on or after that date.

Makes multiple technical corrections to this act. 

Amendment #4

Amends GS 14-415.12(b), which requires the sheriff to deny a permit for a concealed handgun permit for certain violations as specified, providing that violations of GS 14-33(a) (simple assault and battery) do not require a permit denial. Amends language to provide that a permit denial for violations of GS 14-415.26(d) (concerning falsification as a qualified retired law enforcement officer) can only be issued for violations which have occurred within the three years prior to the date the permit application was submitted (was, permit was denied for all specified violations of GS 14-415.26(d)).

Amends GS 14-415.12(b) to rewrite subdivision (8a) to provide that the sheriff is to deny a permit to an applicant who has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more misdemeanor violations of GS 14-33(c1), GS 14-33(c2), GS 14-33(c3), GS 14-33(d), GS 14-277.3A, GS 14-318.2, GS 14-134.3, GS 50B-4.1, or former GS 14-277.3 (previously, subsection required the denial of permits as provided for violations of GS 14-277.3A or former GS 14-277.3 within five years prior to the date the application is submitted). 

Amendment #5

Deletes subsections (a) of Section 10 of this act, which repealed GS 14-402, GS 14-403, GS 14-404, GS 14-405, and GS 14-407.1 regarding the sale of weapons in certain counties and permit requirements for weapons. Also deletes subsection (b), which amended GS 14-315(b1) and subsection (c), which amended GS 14-402(a).

Adds a new Section 10(a) to this act, which amends GS 14-403 to provide that the permit issued by county sheriffs of all counties in the state to purchase, receive, sell, or dispose of any weapon mentioned in this Article must be in a standard form as created by the Department of Public Safety (DPS) in consultation with the North Carolina Sheriffs’ Association (Association). Requires that the permit be of a uniform size and material, be designed to minimize the ability to counterfeit or replicate the permit, and contain a raised seal. 

Adds a new Section 10(b), which amends GS 14-404 regarding issuing or refusing to issue a weapons permit. Directs the sheriff to only consider an applicant’s conduct and criminal history for the five-year period immediately preceding the date of the application for the purpose of determining an applicant’s good moral character as criteria for receiving a permit. Provides that a refusal to issue a permit may be appealed to the superior court in the district in which the application was filed (was, to the chief judge of the district court for the district in which the application was filed).

Enacts a new subsection (e1) to GS 14-404 to provide that the application for a permit is to be on a form created by DPS in consultation with the Association, which must be used by all sheriffs and must be provided electronically and in paper form. Specifies that the applicant for a permit is only required to submit the following: (1) the permit application, (2) $5 for each permit requested, (3) a government issued proof of identity, (4) proof of residency, and (5) a signed release in a form prescribed by the Administrative Office of the Courts, with disclosures concerning the mental health or capacity of the applicant, in order to determine the applicant's qualification or disqualification to receive a permit. Prohibits requiring any additional documents or evidence from any applicant. Requires a person or entity to promptly disclose information regarding an applicant’s mental health or capacity to the sheriff upon presentation by the applicant or sheriff of either the original release form described in subsection (e1) or a photocopy of the release.

Provides that Section 10, as amended, becomes effective October 1, 2021, and applies to offenses committed on or after that date. 

Amendment #6

Deletes proposed GS 120-32.1(c2), which permitted a legislator or legislative employee with a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under GS 14-415.24, to carry a concealed handgun on the premises of the state legislative buildings and grounds. Makes conforming deletions to GS 14-415.11(c3) reflecting the above deletion.

Amendment #7

Deletes proposed GS Chapter 90, Article 1L, Preserving Firearms Privacy for Patients and makes conforming changes to the effective date provisions.