GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2017
H D
HOUSE BILL DRH30252-LH-103 (03/22)
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Short Title: Omnibus Gun Changes. |
(Public) |
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Sponsors: |
Representative Speciale. |
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Referred to: |
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A BILL TO BE ENTITLED
AN ACT to make multiple changes to the state laws regarding firearms.
The General Assembly of North Carolina enacts:
Part I. Pistol Permit/Mental Health Record to Sheriff
SECTION 1.1. G.S. 14‑404 reads as rewritten:
"§ 14‑404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.
…
(e1) The application for a permit shall be on a form created by the State Bureau of Investigation in consultation with the North Carolina Sheriffs' Association. This application shall be used by all sheriffs and must be provided by the sheriff both electronically and in paper form. Only the following shall be required to be submitted by an applicant for a permit:
(1) The permit application developed pursuant to this subsection.
(2) Five dollars for each permit requested pursuant to subsection (e) of this section.
(3) A government issued identification confirming the identity of the applicant.
(4) Proof of residency.
(5) A signed release, in a form to be prescribed by
the Administrative Office of the Court, that authorizes and requires disclosure
to the sheriff of any court orders concerning the mental health or capacity of
the applicant to be used for the sole purpose of determining whether the
applicant is disqualified to receive a permit pursuant to this section.
No additional document or evidence
shall be required from any applicant.
(e2) The sheriff may, in the sheriff's discretion, request disclosure to the sheriff of any court orders concerning the mental health or mental capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to this section.
…
(i) A person or entity shall promptly disclose to
the sheriff, upon presentation by the applicant or sheriff of an original or
photocopied release form described in subdivision (5) of subsection (e1) of
this section, any court orders concerning the mental health or capacity of the
applicant who signed the release form."
SECTION 1.2. G.S. 122C‑54 reads as rewritten:
"§ 122C‑54. Exceptions; abuse reports and court proceedings.
…
(d2) The record of involuntary commitment for inpatient
or outpatient mental health treatment or for substance abuse treatment required
to be reported to the National Instant Criminal Background Check System (NICS)
by G.S. 14‑409.43 shall be accessible only by the sheriff or the
sheriff's designee for the purposes of conducting background checks under G.S.
14‑404 and shall remain otherwise confidential as provided by this
Article.
(d3) Notwithstanding G.S. 122C‑207 and subsection (d) of this section, when a sheriff notifies the potential holder of a mental health order in writing that a particular individual has completed an application for a pistol purchase permit, the holder of any court orders that concern the mental health or mental capacity of an applicant for a pistol purchase permit shall, upon request, release to the sheriff of the county any and all mental health orders concerning the pistol purchase permit applicant.
...."
SECTION 1.3. This Part becomes effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.
PART II. CONCEALED CARRY/CHURCH SCHOOL PROPERTY
SECTION 2.1. G.S. 14‑269.2 is amended by adding a new subsection to read:
"(m) Notwithstanding subsection (b) of this section, if educational property is the location of both a school and a building that is a place of religious worship as defined in G.S. 14‑54.1, then a person who has a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes or considered valid under G.S. 14‑415.24, or is exempt from obtaining a permit pursuant to G.S. 14‑415.25, may possess and carry a handgun on the premises of the place of religious worship and any associated parking lot outside the operating hours of the school."
SECTION 2.2. G.S. 14‑415.11(c) reads as rewritten:
"(c) Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14‑269.2,
14‑269.3, and 14‑277.2.G.S. 14‑269.3 and G.S. 14‑277.2.
(1a) Areas prohibited by G.S. 14‑269.2, except as allowed under G.S. 14‑269.2(m).
…."
SECTION 2.3. This Part becomes effective December 1, 2017.
PART III. ALLOW CONCEALED CARRY ON UNC AND COMMUNITY COLLEGE CAMPUSES
SECTION 3.1. G.S. 14‑269.2, as amended by Section 2.1 of this act, is amended by adding a new subsection to read:
"(n) Notwithstanding any other provision of this section, a person who has a concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14‑415.24, or is exempt from obtaining a permit pursuant to G.S. 14‑415.25 may carry a concealed handgun on educational property if the educational property is an institution of higher education as defined in G.S. 116‑143.1."
SECTION 3.2. G.S. 14‑415.11(c), as amended by Section 2.2 of this act, reads as rewritten:
"(c) Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by G.S. 14‑269.3 and G.S. 14‑277.2.
(1a) Areas prohibited by G.S. 14‑269.2,
except as allowed under G.S. 14‑269.2(m).G.S. 14‑269.2(m)
and (n).
…."
SECTION 3.3. This Part becomes effective December 1, 2017. Prosecutions for offenses committed before the effective date of this Part are not abated or affected by this Part, and the statutes that would be applicable but for this Part remain applicable to those prosecutions.
PART IV. VARIOUS FIREARM CHANGES
SECTION 4.1. G.S. 14‑269.2(a)(1) reads as rewritten:
"§ 14‑269.2. Weapons on campus or other educational property.
(a) The following definitions apply to this section:
(1) Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school. The term shall not include any of the following: (i) land, buildings, or other facilities owned, leased, or otherwise controlled by educational institutions but not used primarily for educational purposes; (ii) a religious institution for which facilities are used as a school on a part‑time basis, provided such facilities are not currently in use as a school; (iii) a road or other publicly used thoroughfare which crosses an educational campus; or (iv) a medical facility for which the primary purpose is patient care rather than education."
SECTION 4.2. G.S. 14‑269.2 is amended by adding a new subsection to read:
"(b2) Restrictions on extracurricular activities listed in subsection (b) of this section do not apply to persons not participating in the extracurricular activity provided the extracurricular activity is conducted in a public place, including, but not limited to, a restaurant, public park, or museum."
SECTION 4.3. G.S. 14‑269.2(g) reads as rewritten:
"(g) This section shall not apply to any of the following:
(1) A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.
(1a) A person exempted by the provisions of G.S. 14‑269(b).
(1b) A person exempted by the provisions of G.S. 14‑269(b)(1), (2), (3), (4), or (5).
…."
SECTION 4.4. G.S. 14‑269.4 reads as rewritten:
"§ 14‑269.4. Weapons on certain State property and in courthouses.
It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.
This section shall not apply to any of the following:
(1) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997.
(1a) A person exempted by the provisions of G.S. 14‑269(b).
(2) through (4) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997,
(2b) The Governor and the Governor's immediate family if the property is the Executive Mansion or the Western Residence of the Governor.
…."
SECTION 4.5. G.S. 14‑415.10 reads as rewritten:
"§ 14‑415.10. Definitions.
The following definitions apply to this Article:
…
(4) Qualified former sworn
law enforcement officer. – An individual who retired from service as a law
enforcement officer with a local, State, campus police, or company police
agency in North Carolina, other than for reasons of mental disability, who has
been retired as a sworn law enforcement officer two five years or
less from the date of the permit application, and who satisfies all of the
following:
a. Immediately before retirement, the individual was a qualified law enforcement officer with a local, State, or company police agency in North Carolina.
b. The individual has a nonforfeitable right to benefits under the retirement plan of the local, State, or company police agency as a law enforcement officer; or has 20 or more aggregate years of law enforcement service and has retired from a company police agency that does not have a retirement plan; or has 20 or more aggregate years of part‑time or auxiliary law enforcement service.
c. The individual is not prohibited by State or federal law from receiving a firearm.
(4a) Qualified retired
correctional officer. – An individual who retired from service as a State
correctional officer, other than for reasons of mental disability, who has been
retired as a correctional officer two five years or less from the
date of the permit application and who meets all of the following criteria:
a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of assigned duties.
b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.
c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.
d. The individual is not prohibited by State or federal law from receiving a firearm.
(4b) Qualified retired law enforcement officer. – An individual who meets the definition of "qualified retired law enforcement officer" contained in section 926C of Title 18 of the United States Code.
(4c) Qualified retired
probation or parole certified officer. – An individual who retired from service
as a State probation or parole certified officer, other than for reasons of
mental disability, who has been retired as a probation or parole certified
officer two five years or less from the date of the permit
application and who meets all of the following criteria:
a. Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction of the Department of Public Safety and was authorized by the Division of Adult Correction of the Department of Public Safety to carry a handgun in the course of duty.
b. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction of the Department of Public Safety that would have prevented the individual from carrying a handgun.
c. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes.
d. The individual is not prohibited by State or federal law from receiving a firearm.
(5) Qualified sworn law enforcement officer. – A law enforcement officer employed by a local, State, campus police, or company police agency in North Carolina who satisfies all of the following:
a. The individual is authorized by the agency to carry a handgun in the course of duty.
b. The individual is not the subject of a disciplinary action by the agency that prevents the carrying of a handgun.
c. The individual meets the requirements established by the agency regarding handguns."
SECTION 4.6.(a) G.S. 14‑415.11(b) reads as rewritten:
"(b) The sheriff shall
issue a permit to carry a concealed handgun to a person who qualifies for a
permit under G.S. 14‑415.12. The permit shall be valid throughout
the State for a period of five 10 years from the date of
issuance."
SECTION 4.6.(b) This section becomes effective June 30, 2018, and applies to permits issued on or after that date.
SECTION 4.7. G.S. 14‑415.12(b)(7) reads as rewritten:
"(b) The sheriff shall deny a permit to an applicant who:
…
(7) Is or has been discharged
from the Armed Forces of the United States under conditions other than
honorable.dishonorable conditions."
SECTION 4.8.(a) G.S. 120‑32.1 is amended by adding the following subsections to read:
"(c2) No rule adopted under this section shall prohibit a legislator or legislative employee who has a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes, or considered valid under G.S. 14‑415.24, from carrying a concealed handgun on the premises of the State legislative buildings and grounds. The Legislative Services Commission may adopt a rule requiring a legislator or a legislative employee to provide notice to the Chief of the General Assembly Special Police, or the Chief's designee, before carrying the handgun on the premises of the State legislative buildings and grounds; however, once initial notice is provided as required by this subsection, no subsequent notification shall be required. The Legislative Services Commission may also adopt rules establishing a procedure for such notification.
(c3) Notwithstanding subsection (c2) of this section, the Legislative Services Commission may adopt a rule prohibiting or regulating the carrying of a firearm openly or concealed in the Gallery of the State legislative building."
SECTION 4.8.(b) G.S. 14‑415.11(c)(3) reads as rewritten:
"(c) Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
…
(3) In an area prohibited by
rule adopted under G.S. 120‑32.1.G.S. 120‑32.1,
except that a legislator or legislative employee who has a concealed handgun
permit issued in accordance with Article 54B of Chapter 14 of the General
Statutes, or considered valid under G.S. 14‑415.24, may carry a
concealed handgun on the premises of the State legislative buildings and
grounds as defined in G.S. 120‑32.1(d); provided, he or she complies
with any notice requirement adopted by the Legislative Services Commission."
SECTION 4.9. G.S. 14‑269.1 reads as rewritten:
"§ 14‑269.1. Confiscation and disposition of deadly weapons.
Upon conviction of any person for
violation of G.S. 14‑269, G.S. 14‑269.7, or any other
offense involving the use of a deadly weapon of a type referred to in G.S. 14‑269,
the deadly weapon with reference to which the defendant shall have been
convicted shall be ordered confiscated and disposed of by the presiding judge
at the trial in one of the following ways in the discretion of the presiding
judge.as provided in subdivision (1) of this section. If the owner of
the weapon is the convicted defendant, then the weapon shall be disposed of as
provided by subdivisions (4) through (6) of this section in the discretion of
the presiding judge:
(1) By ordering the weapon returned to its rightful owner, but only when such owner is a person other than the defendant and has filed a petition for the recovery of such weapon with the presiding judge at the time of the defendant's conviction, and upon a finding by the presiding judge that petitioner is entitled to possession of same and that he was unlawfully deprived of the same without his consent.
(2), (3) Repealed by Session Laws 1994, Ex. Sess., c. 16, s. 2.
(4) By ordering such weapon turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. The sheriff shall maintain a record of the destruction thereof.
(4a) Repealed by Session Laws 2005‑287, s. 3, effective August 22, 2005.
(4b) By ordering the weapon turned over to a law enforcement agency in the county of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws. The court may order a disposition of the firearm pursuant to this subdivision only upon the written request of the head or chief of the law enforcement agency or a designee of the head or chief of the law enforcement agency and only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision.
(5) By ordering such weapon turned over to the North Carolina State Crime Laboratory's weapons reference library for official use by that agency. The Laboratory shall maintain a record and inventory of all such weapons received.
(6) By ordering such weapons turned over to the North Carolina Justice Academy for official use by that agency. The North Carolina Justice Academy shall maintain a record and inventory of all such weapons received."
SECTION 4.10. G.S. 15‑11.1 reads as rewritten:
"§ 15‑11.1. Seizure, custody and disposition of articles; exceptions.
(a) If a law‑enforcement officer seizes property pursuant to lawful authority, he shall safely keep the property under the direction of the court or magistrate as long as necessary to assure that the property will be produced at and may be used as evidence in any trial. Upon application by the lawful owner or a person, firm or corporation entitled to possession or upon his own determination, the district attorney may release any property seized pursuant to his lawful authority if he determines that such property is no longer useful or necessary as evidence in a criminal trial and he is presented with satisfactory evidence of ownership. If the district attorney refuses to release such property, the lawful owner or a person, firm or corporation entitled to possession may make application to the court for return of the property. The court, after notice to all parties, including the defendant, and after hearing, may in its discretion order any or all of the property returned to the lawful owner or a person, firm or corporation entitled to possession. The court may enter such order as may be necessary to assure that the evidence will be available for use as evidence at the time of trial, and will otherwise protect the rights of all parties. Notwithstanding any other provision of law, photographs or other identification or analyses made of the property may be introduced at the time of the trial provided that the court determines that the introduction of such substitute evidence is not likely to substantially prejudice the rights of the defendant in the criminal trial.
(b) In the case of unknown or unapprehended defendants or of defendants willfully absent from the jurisdiction, the court shall determine whether an attorney should be appointed as guardian ad litem to represent and protect the interest of such unknown or absent defendants. Appointment shall be in accordance with rules adopted by the Office of Indigent Defense Services. The judicial findings concerning identification or value that are made at such hearing whereby property is returned to the lawful owner or a person, firm, or corporation entitled to possession, may be admissible into evidence at the trial. After final judgment all property lawfully seized by or otherwise coming into the possession of law‑enforcement authorities shall be disposed of as the court or magistrate in its discretion orders, and may be forfeited and either sold or destroyed in accordance with due process of law.
(b1) Notwithstanding subsections
(a) and (b) of this section or any other provision of law, if the property
seized is a firearm and the district attorney determines the firearm is no
longer necessary or useful as evidence in a criminal trial, the district
attorney, after notice to all parties known or believed by the district
attorney to have an ownership or a possessory interest in the firearm,
including the defendant, shall apply to the court for an order of disposition
of the firearm. The judge, after hearing, may shall order the
disposition of the firearm as provided in subdivision (1) of this subsection
unless the rightful owner is the defendant. If the rightful owner is the
defendant, then the judge may order the disposition of the firearm in one
of the following ways:ways described by subdivisions (2) through (4)
of this subsection:
(1) By ordering the firearm returned to its rightful owner, when the rightful owner is someone other than the defendant and upon findings by the court (i) that the person, firm, or corporation determined by the court to be the rightful owner is entitled to possession of the firearm and (ii) that the person, firm, or corporation determined by the court to be the rightful owner of the firearm was unlawfully deprived of the same or had no knowledge or reasonable belief of the defendant's intention to use the firearm unlawfully.
(2) By ordering the firearm returned to the defendant, but only if the defendant is not convicted of any criminal offense in connection with the possession or use of the firearm, the defendant is the rightful owner of the firearm, and the defendant is not otherwise ineligible to possess such firearm.
(3) By ordering the firearm turned over to be destroyed by the sheriff of the county in which the firearm was seized or by his duly authorized agent if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. The sheriff shall maintain a record of the destruction of the firearm.
(4) By ordering the firearm turned over to a law enforcement agency in the county of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws. The court may order a disposition of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision.
This subsection (b1) is not applicable to seizures pursuant to G.S. 113‑137 of firearms used only in connection with a violation of Article 22 of Chapter 113 of the General Statutes or any local wildlife hunting ordinance.
(c) Any property, the forfeiture and disposition of which is specified in any general or special law, shall be disposed of in accordance therewith."
SECTION 4.11. Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑277.6. Going armed to the terror of the people.
(a) A person who arms himself or herself with an unusual and dangerous weapon for the purpose of terrifying others and goes about on public highways in a manner to cause terror to the people is guilty of a Class 1 misdemeanor.
(b) No person shall be convicted of a violation of subsection (a) of this section based only on the person's possession or carrying of a handgun, whether openly or concealed."
SECTION 4.12. This Part becomes effective September 1, 2017. Sections 4.6 and 4.7 of this Part apply to permits issued on or after September 1, 2017.
Part V. repeal Pistol Permit
SECTION 5.1.(a) The following statutes are repealed: G.S. 14‑402, 14‑403, 14‑404, 14‑405, 14‑407.1, and 122C‑(d3), as enacted by Section 1.2 of this act.
SECTION 5.1.(b) This Part becomes effective June 30, 2018.
PART VI. EFFECTIVE DATE
SECTION 6. Unless otherwise provided, this act is effective when it becomes law.