Bill Summary for H 289 (2023-2024)
|View NCGA Bill Details||2023-2024 Session|
AN ACT TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN; TO REQUIRE A SEVENTY-TWO-HOUR WAITING PERIOD BEFORE A PURCHASED FIREARM MAY BE DELIVERED OR OTHERWISE POSSESSED; TO PROHIBIT THE SALE OF AN ASSAULT WEAPON OR LONG GUN TO PERSONS UNDER A CERTAIN AGE; TO PROHIBIT THE SALE OR POSSESSION OF A BUMP STOCK OR TRIGGER CRANK; TO REQUIRE THE SAFE STORAGE OF A FIREARM; TO REVISE RECIPROCITY LAW FOR A CONCEALED HANDGUN PERMIT; TO REQUIRE THE REPORTING OF A LOST OR STOLEN FIREARM; TO REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY FIREARM LIABILITY INSURANCE; TO LIMIT THE SIZE OF AMMUNITION MAGAZINES; TO REPEAL THE PREEMPTION OF LOCAL REGULATION OF FIREARMS; TO ALLOW THE DESTRUCTION OF A SEIZED FIREARM; TO REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A ROSTER OF HANDGUNS THAT MEET CERTAIN DESIGN AND SAFETY STANDARDS AND PROHIBIT THE SALE, TRANSFER, OWNERSHIP, OR POSSESSION OF HANDGUNS THAT ARE NOT INCLUDED ON THE ROSTER; TO REPEAL THE "STAND YOUR GROUND LAWS" AND CODIFY COMMON LAW REGARDING USE OF FORCE AGAINST AN INTRUDER; TO PROHIBIT LEAVING A FIREARM IN AN UNATTENDED MOTOR VEHICLE UNLESS FIREARM IS SAFELY STORED; TO PROHIBIT THE SALE OR POSSESSION OF GHOST GUNS; TO PROHIBIT POSSESSION OF A SEMIAUTOMATIC FIREARM BY PERSONS UNDER TWENTY-ONE YEARS OF AGE; TO REQUIRE THE SHERIFF UPON DENIAL, REVOCATION, OR REFUSAL TO RENEW A CONCEALED HANDGUN PERMIT OR PISTOL PERMIT TO TRANSMIT THE PROHIBITION RECORD TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM; AND TO DIRECT THE STATE TREASURER TO DIVEST THE PENSION FUND OF GUN STOCKS.Intro. by Harrison, Morey, Autry.
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Identical to S 210, filed 3/6/23.
Currently, the prohibitions set out in GS 14-402 apply to the sale, transfer, purchase, or receipt of pistols only.
Amends GS 14-402, also making it a Class 2 misdemeanor to sell, transfer, purchase, or receive assault weapons or long guns in the State unless the purchaser or receiver holds a license or permit issued under Article 52A (sale permits) from the county sheriff where the purchaser or receiver resides, or the purchaser or receiver holds a valid NC concealed handgun permit issued under Article 54B and is an NC resident at the time of purchase. Makes it a Class 2 misdemeanor to receive assault weapons or long guns from various federal, state, or local mail carriers or agents; railroad agents; or employees within the State without having, possessing, and exhibiting the purchase permit issued by the sheriff in GS 14-403. Additionally, makes it a Class 2 misdemeanor for any person to receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date of purchase or transfer agreement.
Defines assault weapon to mean: (1) any selective-fire firearm capable of semiautomatic or burst fire at the option of the user, including 37 specifically identified semiautomatic firearms; (2) 49 specifically named semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles; (3) 22 specifically identified semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols; (4) all IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of the shotguns; and (5) all semiautomatic firearms that meet any of 8 detailed specifications, including a semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds, and a shotgun with a revolving cylinder. Defines long guns to mean a shotgun or rifle that is not considered an antique firearm or assault weapon, as currently defined by the statute.
Makes conforming changes to GS 14-403, setting out the standard form of the purchase permit issued by the county sheriff; and GS 14-404, providing for the issuance of permits to persons with felony convictions who are later pardoned or whose firearm rights have been restored.
Makes conforming changes to GS 14-403 (pertaining to form of certain weapons permits) and GS 14-404 to include reference to assault weapons and long guns, in addition to pistols. Amends GS 14-408.1 to include assault weapons in the term firearm as it is applied to the statute's provisions regarding soliciting unlawful purchases of firearms and unlawfully providing materially false information regarding the legality of a firearms or ammunition transfer.
Effective December 1, 2023.
Amends GS 14-269.7, making it a Class 1 misdemeanor for any minor under 18 to possess or carry a long gun, and for any minor under 21 to possess or carry an assault weapon. Defines long gun and assault weapon as set out in GS 14-402 as amended above. Currently, GS 14-269.7 only applies to minors under the age of 18 who possess or carry a handgun. Extends the current exceptions set out for minors' possession of handguns for certain purposes, such as the discharge of official duties as Armed Forces officers or personnel, to also include possession of a long gun or assault weapon in the same manner.
Amends GS 14-315, also making it a Class H felony for a person to sell, offer for sale, give, or transfer in any way a long gun or assault weapon to a minor (currently, the prohibition only applies to handguns). Extends the current exceptions set out for certain circumstances for handguns to also apply for long guns and assault weapons.
Effective December 1, 2023.
Enacts new GS 14-409A, making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer designed to increase the rate of fire achievable by the firearm. Defines bump stock to mean any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger. Defines trigger crank to mean any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion, but does not include any weapon initially designed or manufactured to fire through the use of a crank or lever. Defines firearm to be as the term is defined in GS 14-409.39, defining the term to mean a handgun, shotgun, or rifle which expels a projectile by action of an explosion (and does not include assault weapons, as included in firearm defined in GS 14-408.1 as amended). Effective December 1, 2023.
Repeals GS 14-315.1, Storage of firearms to protect minors.
Enacts GS 14-409.44, requiring a person in possession or control of a firearm to store and keep the firearm in a locked container when it is not being carried or used by the owner or another lawfully authorized user. Makes violation of the statute a Class A1 misdemeanor and deems a violation to constitute wanton conduct, subjecting the violator to punitive damages in a civil action filed against the violator. Clarifies that the statute does not authorize the possession of a firearm otherwise prohibited under State or federal law. Specifies that firearm includes weapons regulated under GS 14-409 (machine guns and other like weapons) for purposes of the statute.
Amends GS 14-315.2, requiring a seller or transferor to deliver a written copy of GS 14-409.44, as enacted, to the purchaser or transferee upon the retail commercial sale or transfer of any firearm. Modifies the statement the statute requires to be conspicuously posted at each purchase counter of any retail or wholesale store, shop, or sales outlet that sells firearms, mirroring the language of new GS 14-409.44. Maintains the provision making a violation of the statute a Class 1 misdemeanor.
Effective December 1, 2023.
Amends GS 14-415.24 (Reciprocity; out-of-state handgun permits). Directs the Department of Justice to inquire what criteria other states use for the issuance of a concealed handgun permit, and to compile a list of states whose criteria are at least as stringent as the criteria required in this State. Provides that only out-of-state licenses issued by those states are valid in North Carolina.
Enacts new GS 14-409.13 requiring a firearm owner to report the loss or theft of the firearm within 48 hours of discovering the loss or theft, to either: (1) the local law enforcement agency with jurisdiction over the location where the loss or theft occurred or (2) the State Bureau of Investigation. Violations are a Class 3 misdemeanor, subsequent violations are a Class I felony. Applies to offenses committed on or after December 1, 2023.
Amends GS 14-404 to require, before the issuance of a pistol permit, that the sheriff verify that the person has firearm liability insurance under new GS 14-409.44A.
Enacts new GS 14-409.44A, requiring any person in this State who intends to own a firearm to obtain, before owning the firearm, and continuously maintain liability insurance in an amount not less than $100,000 specifically covering any damages from any negligent or willful acts involving the use of the firearm while the person owns it. Prohibits transferring the firearm unless the transferee at the time of the transfer gives the transferee proof of the same insurance. Deems a person is to own a lost or stolen firearm until the loss or theft is reported. Requires any person who owns a firearm on December 1, 2023, to obtain the required insurance by January 15, 2024. Requires the Department of Insurance to adopt rules to implement this statute.
Enacts new Article 53D, Regulation of Large-Capacity Ammunition Magazines, providing as follows. Defines large-capacity magazine as including: (1) a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition; (2) a fixed or detachable magazine capable of accepting more than eight shotgun shells; and (3) a detachable magazine, tube, box, drum, feed strip, or similar device capable of accepting more than eight shotgun shells when combined with a fixed magazine. Sets out what is excluded from the term.
Makes it Class 2 misdemeanor to sell, transfer, or possess a large-capacity magazine; subsequent offenses are a Class 1 misdemeanor. Makes it a Class 1 felony to violate this prohibition during the commission of a felony. Allows possession of a large-capacity magazine if the person owns the magazine on December 1, 2019, and maintains continuous possession. Sets out exceptions to the offense for specified entities and their employees and specified transporters.
Requires large-capacity magazines manufactured in NC on or after December 1, 2019, to include a permanent stamp or marking indicating that it was manufacture or assembled after that date. Allows the SBI to adopt rules to implement this statute. Violations are a Class 2 misdemeanor. Applies to offenses committed on or after December 1, 2023.
Repeals GS 14-409.40, which prohibited local governments from regulating the possession, ownership, storage, transfer, sale, purchase, licensing, taxation, manufacture, transportation, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts, and prohibited local governments from regulating firearms shows with regulations more stringent than those applying to shows of other types of items.
Amends GS 15-11.1 (pertaining to court orders for the disposition of seized firearms determined to be no longer useful as evidence) GS 15-11.2 (pertaining to dispositions of unclaimed firearms not confiscated or seized as trial evidence), and GS 14-269.1(pertaining to disposition of confiscated firearms used for offenses involving a deadly weapon) by removing each statutory requirement that a firearm not have a legible, unique identification number or is unsafe before it can be turned over to the appropriate law enforcement agency to be destroyed.
Enacts new GS 14-406.2, Prohibition on sale, transfer, ownership, or possession of unsafe handgun. Includes findings of the General Assembly and defined terms. Directs the Department of Public Safety (DPS) to develop a roster of handguns determined not to be unsafe based off the California Roaster of Handguns Certified for Sale (roster), defined as a roster compiled by the Department of Justice for the State of California pursuant to California Penal Code 12131 that lists all of the pistols, revolvers, and other firearms that have been tested by a certified testing laboratory and determined not to be unsafe. Makes it a Class 3 misdemeanor for any person, firm, or corporation to (1) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is not listed on the roster as of January 1 of the calendar year in which the handgun is to be transferred or (2) own or possess a handgun that is not listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or corporation lawfully owned or possessed the handgun prior to that date. Limits lawful owners of handguns not listed on the roster as of January 1 of the applicable calendar year to selling or otherwise transferring the handgun only to a dealer or sheriff of the county where the person resides. Authorizes the sheriff to destroy or dispose of the handgun pursuant to the specified provisions. Limits a dealer who retains or lawfully acquires a handgun not listed on the roster as of January 1 of the applicable year to selling or otherwise transferring the handgun to another dealer. Prohibits the transfer of a handgun not listed on the roster as of January 1 of the applicable year by devise or bequest. Makes a violation of these provisions a Class 3 misdemeanor.
Identifies seven exemptions from the statute, including the temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer, and the possession of a handgun by a nonresident while temporarily traveling through the state.
Provides for DPS testing of handguns that it believes should be added to the roster or should be removed from the roster in accordance with the specified parameters. Directs DPS to annually review and update the roster by rule by January 1, including (1) adding or removing those handguns tested by DPS under subsection (f) and (2) adding to the exemptions approved pistols developed by other states as authorized under subdivision (e)(7). Directs DPS to publish the roster and any updates to its website at least 30 days prior to the date the roster is to take effect.
Specifies that the initial roster developed pursuant to new GS 14-406.2 is to be based on the California Roster of Handguns Certified for Sale as of January 1, 2024.
Directs DPS to submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety on the development of the roster and the types of handguns included on the roster, and publish the roster on its website, by January 15, 2024.
Effective January 1, 2024.
Repeals: (1) GS 14-51.2 (Home, workplace, and motor vehicle protection; presumption of fear of death or serious bodily harm); (2) GS 14-51.3 (Use of force in defense of person; relief from criminal or civil liability); and (3) GS 14-51.4 (Justification for defensive force not available).
Enacts new GS 14-51.5, providing that a lawful occupant of a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent forcible entry into the home or residence or to terminate the unlawful entry if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence or if the occupant reasonably believes the intruder intends to commit a felony in the home or residence. Specifies that a lawful occupant does not have a duty to retreat in these circumstances.
Enacts new GS 14-269.9 making it a Class 2 misdemeanor to leave a firearm in an unattended motor vehicle unless the vehicle is locked and the firearm is either (1) secured with a trigger lock or other safety device designed to prevent an unauthorized user from operating the firearm or (2) in a locked container. Applies to offenses committed on or after December 1, 2023.
Enacts new GS 14-409B making it a Class I felony for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess a ghost gun. Defines a ghost gun as a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. Applies to offenses committed on or after December 1, 2023.
Enacts new GS 14-269.7A making it a Class 1 misdemeanor for a person under age 21 to willfully and intentionally possess or carry a semiautomatic firearm, as defined. Sets out an exception for officers and enlisted personnel of the US Armed Forces when in discharge of their official duties or acting under orders. Applies to offenses committed on or after December 1, 2023.
Amends GS 14-404 to provide that if a sheriff denies a person’s pistol permit application because of a prohibition under the National Instant Criminal Background Check System (NICS), then the sheriff must transmit the record to NICS no later than 48 hours after notifying the application of the denial. Enacts GS 14-415.18A providing that if the sheriff denies, revokes, or refuses to renew a person’s application for a concealed handgun permit because of a prohibition under NICS, then the sheriff must transmit the record to NICS no later than 48 hours after notifying the applicant.
Requires, within 90 days of September 1, 2023, the Public Fund to make its best efforts to identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or could possibly have such holdings in the future, including taking the specified efforts. Defines Public Fund as any funds held by the State Treasurer to the credit of the Teachers' and State Employees' Retirement System, the Consolidated Judicial Retirement System, the Firemen's and Rescue Workers' Pension Fund, the Local Governmental Employees' Retirement System, the Legislative Retirement System, the Legislative Retirement Fund, or the North Carolina National Guard Pension Fund. Requires the Public Fund, by the first meeting of the Public Fund following the 90-day period, to assemble a list of all firearms manufacturers in which the Public Fund holds direct or indirect investments. Requires the State Treasurer to promptly divest all direct and indirect holdings in firearms manufacturers held by the Public Fund. Prohibits the Public Fund from acquiring direct or indirect holdings in firearms manufacturers.
Includes a severability clause.
Specifies that prosecutions for offenses committed before the act’s effective date are not abated or affected by this act.