Bill Summary for H 1148 (2015-2016)

Summary date: 

Jun 9 2016

Bill Information:

View NCGA Bill Details2015-2016 Session
House Bill 1148 (Public) Filed Thursday, June 9, 2016
AN ACT TO AMEND THE NORTH CAROLINA CONSTITUTION TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED WEAPON.
Intro. by Pittman.

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Bill summary

Part I.

Subject to approval by voters at the statewide election in November 2016, amends Section 30 to Article I of the North Carolina Constitution to repeal the provision which provides that the General Assembly may prohibit the practice of carrying concealed weapons. If approved, effective December 1, 2016.

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 18 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; specified court officials; and off-duty State correctional officers (with specified limitations).

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 11 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; state probation or parole‑certified officers when off duty; and off-duty State correctional officers (with specified limitations).

Makes it illegal to possess or carry a deadly weapon in courthouses. A violation is a Class 1 misdemeanor.  Sets out exemptions for 19 classes of individuals, including specified court officials; a qualified retired law enforcement officer; clerk of court or register of deeds (with specified limitations); 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; and off-duty State correctional officers (with specified limitations). 

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 17 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 15 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. Makes technical 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. Establishes that a permit does not authorize a person to carry a concealed handgun in areas prohibited by GS 14-269.2 and GS 14-415.36 (previously, GS 14-269.2, GS 14-269.3, and GS 14-277.2). Also establishes that a permit does not authorize a person to carry a concealed handgun in areas prohibited by GS 14-269.38 (previously, prohibited by GS 14-269.4), except that a person may have a concealed handgun if it is in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle (previously, except as provided under GS 14-269.4(6)). Allows a person to unlock the vehicle or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit. Makes additional conforming changes.

Adds to the provision that makes it lawful for a person to carry any firearm openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest area, at any State-owned rest stop along the highways, and at any State-owned hunting and fishing reservation, by adding the stipulation that the person has the 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. Deletes statutory reference to GS 14-269.4(5). Further adds that a person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit. Makes additional conforming changes.

Makes conforming changes to GS 14-415.12, GS 15A-1343, GS 74E-6, GS 74G-6, 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.

Unless otherwise provided, the act becomes effective only upon approval by the voters of the constitutional amendment proposed in Part I of the act. Provides that, if the constitutional amendment proposed in Part I of the act is approved by the voters, the remainder of the act is effective December 1, 2016.

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