PUBLIC SAFETY/GUN TRANSFER/BACKGROUND CHECK.

View NCGA Bill Details2013-2014 Session
House Bill 914 (Public) Filed Thursday, April 11, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE GREATER PROTECTION FOR THE PUBLIC BY REQUIRING THAT A BACKGROUND CHECK AND PERMIT BE OBTAINED PRIOR TO THE TRANSFER OF A FIREARM UNLESS THE TRANSFER IS BETWEEN IMMEDIATE FAMILY MEMBERS, TO PROVIDE THAT THE SHERIFF MAY REVOKE A PERMIT IN CERTAIN CIRCUMSTANCES, AND TO STRENGTHEN THE LAW REQUIRING SAFE STORAGE OF A FIREARM TO PROTECT MINORS.
Intro. by Earle, D. Hall, Michaux.

Status: Ref To Com On Rules, Calendar, and Operations of the House (House Action) (Apr 15 2013)

Bill History:

H 914

Bill Summaries:

  • Summary date: Apr 16 2013 - More information

    Amends GS 14-402 to provide that the sectionprohibits the transfer or receipt of firearms without the proper permit. Clarifies that the provisions govern any firearm (was, pistol). Defines firearm as a handgun, shotgun, rifle, or other weapon of any description from which any shot, bullet, or other missile can be discharged. Provides that this section does not apply to the transfer or receipt of a firearm between immediate family members, as defined in this section.

    Amends GS 14-403 to require that a license or permit to purchase or receive any weapon mentioned in Article 52A of GS Chapter 14 expires three years (was, five) from the date it was issued.

    Makes conforming changes to GS 14-404 to provide that the section applies to a firearm (was, handgun and weapon). Authorizes a fee of $25 (was, $5) for the sheriff's services in issuing a license or permit.

    Enacts new GS 14-405.1to allowthe sheriff of the county where the permit was issued or the county where the permit holder resides to revoke a permit subsequent to a hearing for any of thespecified reasons. Provides for an appeal of the revocation to the district court for the district in which the permit was issued or in which the permit holder resides.

    Amends GS 14-406 torequire that every dealer in firearms keep an accurate record of all sales (was, every dealer in pistols and other weapons mentioned in this article).

    Enacts new GS 14-406.2 to require any person who transfers a firearm to keep an accurate record of the transaction that includes identifying information for the person or entity receiving the transfer. Directs the person or entity receiving the transfer to give the permit obtained from the sheriff to the person making the transfer to retain as part of the record of the transaction.

    Amends GS 14-407.1 to provide for the sale of firearms (was, pistols) suitable for firing blank cartridges. Makes a conforming change toGS 14-408.1, deleting the definition for firearm.

    Amends GS 14-315.1 to provide that a person who resides in the same premises as a minor, owns or possesses a firearm, andleaves the firearmoutof the person's immediate possession or control without having securely locked the firearm away or used a safety locking device to render the firearm incapable of being fired is guilty of a Class1 misdemeanor if a minor gains access to the firearm without the lawful permission of the minor's parents or a person in charge of the minor and the minor engages inany of the specified behaviors or actions.

    Amends GS 14-315.2(b) to edit the wording of the sign required to be conspicuously posted at any retail or wholesale shop, store, or sales outlet that sells firearms, concerning minors.

    Makes this act effective December 1, 2013, and applies to any transfer or receipt of a firearm occurring on or after that date. Provides that a permit issued before December 1, 2013, remains valid until the date that is five years from the date the permit was issued and may be used for the transfer of a pistol or other firearm under this act.


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