LAWFUL CITIZENS SELF PROTECTION ACT.

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View NCGA Bill Details2013-2014 Session
Senate Bill 408 (Public) Filed Monday, March 25, 2013
A BILL TO BE ENTITLED AN ACT TO EXPAND AREAS IN WHICH LAWFUL CONCEALED HANDGUN PERMIT HOLDERS MAY CARRY OR KEEP FIREARMS FOR SELF PROTECTION.
Intro. by Tarte, Randleman, Brock.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 26 2013)

Bill History:

S 408

Bill Summaries:

  • Summary date: Mar 25 2013 - View Summary

    Amends GS 14-269.3, (Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.), providing that the prohibition on carrying any gun into an assembly for which admission has been charged does not apply to a person who has a concealed handgun permit lawfully issued or valid under GS 14-415.24. Maintains the prohibition on carrying any gun into an establishment in which alcoholic beverages are sold and consumed.

    Adds to the exceptions section, that GS 14-269.3 does not apply to a person on the premises of an eating establishment as defined in GS 18B-1000(2) or a restaurant in GS 18B-1000(6), provided they have a lawful concealed handgun permit.  Does not interfere with the rights of premises owners to prohibit the carrying of concealed handguns and requires posting notice of such a prohibition.

    Amends GS 14-277.2(c), making technical and conforming changes. Establishing the section (prohibiting weapons at parades, funeral processions, picket lines, or demonstrations on a private health care facility or public place under the control of the state or its political subdivisions) does not apply to persons who have a concealed handgun permit lawfully issued or valid under GS 14-415.24.

    Enacts a new section GS 14-409.41, (No prohibition regarding the transportation or storage of a firearm in locked motor vehicle by business, commercial enterprise, or employer; civil liability; enforcement), preventing any business, employer, or commercial enterprise from making rules or policies that prohibits a person from transporting or storing any firearm or ammunition when that person has a legal permit to carry, and is in compliance with all other applicable laws and regulations and the firearm or ammunitions is in a closed compartment or container within the person's locked vehicle or locked container affixed to the vehicle.  Does not apply to vehicles owned or leased by an employer or where transport or storage of a firearm is prohibited by the State or federal law.

    A person who is injured or incurs damage, or the survivors of a person killed as a result of a violation of GS 14-409.41(b), may bring a civil action against the entity that caused the violation.

    Provides that an employee who is fired by an employer, business entity, or commercial enterprise for violation of a policy or rule prohibited by GS 14-409.41(b), is entitled to certain recovery. If the demand for the recovery, as described in this section is denied, a person may bring a civil action against the employer, business entity, or commercial enterprise for fulfillment of their due recovery.

    A business, commercial enterprise, employer, or property owner that allows persons to legally transport or store any firearm or ammunition as described in this section will have complete immunity and will not be held liable in any civil action arising out of another person's actions involving a firearm or ammunition transported or stored in accordance with these sections.

    Good-faith efforts of a business, commercial enterprise, employer, or property owner to comply with other applicable and irreconcilable federal or State safety laws or regulations will be a complete defense to any liability of the business, commercial enterprise, employer, or property owner.

    Amends GS 14-415.23, (Statewide uniformity) to exclude passive recreation areas from the definition recreational facilities and to provide that the statute does not prohibit firearms in entire parks which contain recreational facilities

    Effective December 1, 2013.