Bill Text: NC H746 | 2017-2018 | Regular Session | Amended


Bill Title: Omnibus Gun Changes

Spectrum: Partisan Bill (Republican 11-0)

Status: (Engrossed) 2017-06-12 - Ref To Com On Rules and Operations of the Senate [H746 Detail]

Download: North_Carolina-2017-H746-Amended.html

GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    3

HOUSE BILL 746

Committee Substitute Favorable 5/31/17

Third Edition Engrossed 6/8/17

 

Short Title:      Omnibus Gun Changes.

(Public)

Sponsors:

 

Referred to:

 

April 13, 2017

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. CARRY MODIFICATIONS

SECTION 1.1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:

"Article 54C.

"Carrying Handguns and Restrictions on Carrying Weapons in Certain Locations.

"Part 1. Carrying Handguns.

"§ 14‑415.35.  Carrying handguns.

(a)        Definition. For purposes of this Article, the term "handgun" means a firearm that has a short stock and is designed to be held and fired by the use of a single hand.

(b)        Carrying Handgun. Any person who is a citizen of the United States and is at least 18 years old may carry a handgun, openly or concealed, without a concealed handgun permit in this State unless provided otherwise by State law or by 18 U.S.C. § 922 or any other federal law.

(c)        Prohibition on Carrying Handgun on Posted Private Property. A person shall not carry a handgun on another person's private property if notice is given that carrying a handgun on the premises is prohibited by either the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. This subsection does not apply to a law enforcement officer who is discharging the officer's official duties or a licensed bail bondsman while performing that bondsman's duties.

(d)       Prohibition on Consuming Alcohol When Carrying Concealed Handgun. It is unlawful for a person to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

(e)        Offense. It is unlawful for a person who meets any of the following criteria to carry a concealed handgun:

(1)        Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

(2)        Is under indictment or against whom a finding of probable cause exists for a felony.

(3)        Has been adjudicated guilty in any court of a felony, unless (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade or (ii) the person's firearms rights have been restored pursuant to G.S. 14‑415.4.

(4)        Is a fugitive from justice.

(5)        Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

(6)        Is currently, or has been previously adjudicated by a court to be, a danger to self or others due to mental illness or lack of mental capacity. Receipt of previous consultative services or outpatient treatment alone shall not disqualify any citizen under this subdivision. Further, a person shall not be ineligible under this subdivision if the person's rights have been restored under G.S. 14‑409.42.

(7)        Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.

(8)        Except as provided in subdivision (9), (10), or (11) of this section, within the three years prior to the date on which the person is carrying the concealed handgun, is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including, but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes except for a violation of G.S. 14‑33(a), or a violation of a misdemeanor under G.S. 14‑226.1, 14‑258.1, 14‑269.2, former 14-269.3, former 14-269.4, 14‑269.6, 14‑277, 14‑277.1, former 14-277.2, 14‑283 except for a violation involving fireworks exempted under G.S. 14‑414, 14‑288.2, 14‑288.4(a)(1), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑415.21(b), 14‑415.26(d), 14‑415.36, 14‑415.37, 14‑415.38, or 14‑415.39.

(9)        Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor under G.S. 14‑33(c)(1), 14‑33(c)(2), 14‑33(c)(3), 14‑33(d), 14‑277.3A, 14‑318.2, 14‑134.3, 50B‑4.1, or former 14‑277.3.

(10)      Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a result of a conviction of a misdemeanor crime of domestic violence.

(11)      Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.

(12)      Has had entry of a prayer for judgment continued for a criminal offense that would make it unlawful under this section for the person to carry a concealed handgun.

(13)      Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime that would make it unlawful under this section for the person to carry a concealed handgun.

(14)      Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the person is carrying the concealed handgun.

(f)        Valid Identification Required; Disclosure to Law Enforcement Officer When Carrying Concealed. When carrying a concealed handgun, a person shall also carry valid identification and shall disclose to any law enforcement officer that the person is carrying a concealed handgun when approached or addressed by the officer and shall display the proper identification upon the request of a law enforcement officer.

(g)        Penalty. Any person who violates this section shall be punished as follows:

(1)        Unless provided otherwise by State law, a violation of subsection (c) of this section is an infraction and a person found responsible for the infraction may be required to pay a fine of up to five hundred dollars ($500.00).

(2)        A violation of subsection (d) of this section is a Class 1 misdemeanor.

(3)        A violation of subsection (e) of this section is a Class 2 misdemeanor for a first offense and is a Class H felony for a second or subsequent offense.

(4)        A violation of subsection (f) of this section is an infraction and shall be punished in accordance with G.S. 14‑3.1.

"Part 2. Restrictions on Carrying Firearms and Other Weapons in Certain Locations.

"§ 14‑415.36.  Reserved.

"§ 14‑415.37.  No firearms or other weapons on the premises of the State Capitol, Executive Mansion, or Western Residence of the Governor.

(a)        It is unlawful for any person to possess or carry, whether openly or concealed, a firearm or any other 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.

(b)        For purposes of this section, the term "deadly weapon" does not include an ordinary pocket knife carried in a closed position. The term "ordinary pocket knife" has the same meaning as set out in G.S. 14‑269(d).

(c)        This section does not apply to any of the following:

(1)        The Governor and the Governor's immediate family if the property is the Executive Mansion or the Western Residence of the Governor.

(2)        A person exempted by G.S. 14‑415.41.

(3)        A person with a permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25, 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. 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.

(d)       A violation of this section is an infraction.

"§ 14‑415.38.  No firearms or other weapons in courthouses or buildings housing any court of the General Court of Justice.

(a)        It is unlawful for any person to possess or carry, whether openly or concealed, a firearm or any other deadly weapon not used solely for instructional or officially sanctioned ceremonial purposes 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.

(b)        This section shall not apply to any of the following:

(1)        Subject to any additional requirements of this subsection, any person exempted by G.S. 14‑415.41.

(2)        Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law enforcement agency, or for purposes of registration.

(3)        Firearms in a courthouse carried by detention officers employed by and authorized by the sheriff to carry firearms.

(4)        Any district court judge or superior court judge who carries or possesses a concealed handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge his or her official duties and the judge has a concealed handgun permit that is valid under Article 54B of this Chapter.

(5)        Any magistrate who carries or possesses a concealed handgun in any portion of a building housing a court of the General Court of Justice other than a courtroom itself unless the magistrate is presiding in that courtroom, if the magistrate (i) is in the building to discharge the magistrate's official duties, (ii) has a concealed handgun permit that is valid under Article 54B of this Chapter, (iii) has successfully completed a one‑time weapons retention training substantially similar to that provided to certified law enforcement officers in North Carolina, and (iv) secures the weapon in a locked compartment when the weapon is not on the magistrate's person.

(6)        A person with a permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25, 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. 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.

(c)        A violation of this section is an infraction.

"§ 14‑415.39.  Firearms and other weapons prohibited at picket lines and certain demonstrations.

(a)        It is unlawful for any person participating in, affiliated with, or present as a spectator at any picket line or any demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to a firearm or any other dangerous weapon. A violation of this subsection is a Class 1 misdemeanor.

(b)        For the purposes of this section, the term "dangerous weapon" shall include those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, 14‑288.8, or 14‑415.35 or any other object capable of inflicting serious bodily injury or death when used as a weapon.

(c)        The provisions of this section shall not apply to any of the following:

(1)        Any person exempted by G.S. 14‑415.41.

(2)        Any person authorized by State or federal law to carry dangerous weapons in the performance of his or her duties.

(3)        Any person who obtains a permit to carry a dangerous weapon at a picket line or demonstration from the sheriff or police chief, whichever is appropriate, of the locality where the picket line or demonstration is to take place.

"§ 14‑415.40.  Unlawful to carry a handgun into certain areas.

(a)        It is unlawful to carry a handgun into the following areas unless provided otherwise by law:

(1)        In an area prohibited by rule adopted under G.S. 120‑32.1.

(2)        In any area prohibited by 18 U.S.C. § 922 or any other federal law.

(3)        In a law enforcement or correctional facility.

(b)        This section does not apply to any person exempted by G.S. 14‑415.27.

(c)        A violation of this section is a Class 1 misdemeanor.

"§ 14‑415.41.  Exceptions to statutes restricting firearms and other weapons.

The provisions of G.S. 14‑415.36, 14‑415.37, 14‑415.38, and 14‑415.39 do not apply to any of the following:

(1)        Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons.

(2)        Civil and law enforcement officers of the United States.

(3)        Officers and soldiers of the militia and the National Guard when called into actual service.

(4)        A member of the North Carolina National Guard who has been designated in writing by the Adjutant General, State of North Carolina, who has a concealed handgun permit that is valid under Article 54B of this Chapter, and is acting in the discharge of his or her official duties.

(5)        Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties.

(6)        Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit that is valid under Article 54B of this Chapter. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator. A district attorney or assistant district attorney may carry a concealed weapon while in a courtroom; however, an investigator may not carry a concealed weapon at any time while in a courtroom.

(7)        Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10 and meets any one of the following conditions:

a.         Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter.

b.         Is exempt from obtaining a permit pursuant to G.S. 14‑415.25.

c.         Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26.

(8)        Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that (i) the firearm is in a closed compartment or container within the locked vehicle or (ii) the firearm is in a locked container securely affixed to the vehicle.

(9)        Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate and who has a concealed handgun permit that is valid under Article 54B of this Chapter. The judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate.

(10)      Any person who is serving as a clerk of court or as a register of deeds and who has a concealed handgun permit that is valid under Article 54B of this Chapter. The clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds.

(11)      Sworn law enforcement officers, when off duty.

(12)      State probation or parole certified officers, when off duty.

(13)      A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit that is valid under Article 54B of this Chapter, and has in the person's possession written proof of the designation by the Secretary of the Department.

(14)      Any person who is an administrative law judge described in Article 60 of Chapter 7A of the General Statutes and who has a concealed handgun permit that is valid under Article 54B of this Chapter.

(15)      State correctional officers, when off duty. If the concealed weapon is a handgun, the correctional officer must meet the firearms training standards of the Division of Adult Correction of the Department of Public Safety.

"§ 14‑415.42.  Carrying handgun on premises of State‑owned rest areas and within State Parks System.

(a)        Any person who can legally carry a handgun under G.S. 14‑415.35 may carry any firearm openly or concealed at any State‑owned rest area, at any State‑owned rest stop along the highways, and at any State‑owned hunting and fishing reservation.

(b)        Any person who can legally carry a handgun under G.S. 14‑415.35 may carry a handgun, openly or concealed, on the grounds or waters of a park within the State Parks System as defined in G.S. 143B‑135.44."

SECTION 1.2.(a)  G.S. 14‑269.3 is recodified as G.S. 14‑415.36 under Article 54C of Chapter 14 of the General Statutes, as enacted by Section 1.3 of this act.

SECTION 1.2.(b)  G.S. 14‑269.3, recodified as G.S. 14‑415.36 by subsection (a) of this section, reads as rewritten:

"§ 14‑415.36.  Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

(a)        It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.

(b)        This section shall not apply to any of the following:

(1)        A person exempted from the provisions of G.S. 14‑269.by G.S. 14‑415.41.

(2)        The owner or lessee of the premises or business establishment.

(3)        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.

(4)        A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event.

(5)        A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with that is valid under 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. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c)."

SECTION 1.3.  The following statutes are repealed: G.S. 14‑269.4 and G.S. 14‑277.2.

SECTION 1.4.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑415.10A.  Purpose.

While G.S. 14‑415.35 makes it lawful to carry a concealed handgun in this State without obtaining a concealed handgun permit, there are some locations where additional education and training are necessary to ensure public safety; therefore, a concealed handgun permit may be required to carry a concealed handgun in those locations. Additionally, it is often convenient to have a concealed handgun permit for the purpose of reciprocity when traveling in another state, to make the purchase of a firearm more efficient, or for various other reasons. For these reasons, the State of North Carolina shall continue to make a concealed handgun permit available to any person who applies for and is eligible to receive a concealed handgun permit pursuant to this Article."

SECTION 1.5.(a)  The North Carolina Criminal Justice Education and Training Standards Commission shall include all changes related to the possession and carrying of handguns enacted by this act into the general guidelines for approved firearms safety and training courses to ensure that changes in law in this area are included in those courses prior to December 1, 2017.

SECTION 1.5.(b)  This section becomes effective July 1, 2017.

 

part II. Clarifying changes to carry modifications

SECTION 2.1.  G.S. 14‑269 reads as rewritten:

"§ 14‑269.  Carrying concealed weapons.

(a)        It shall be Except as provided otherwise by law, it is unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, gun, or other deadly weapon of like kind, except when the person is on the person's own premises. For purposes of this section, the terms "weapon" and "gun" do not include a handgun as defined in G.S. 14‑415.35.

(a1)      It shall be unlawful for any person willfully and intentionally to carry concealed about his or her person any pistol or gun except in the following circumstances:

(1)        The person is on the person's own premises.

(2)        The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S. 14‑415.11(c).

(3)        The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).

(a2)      This prohibition does not apply to 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, provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government. A person may unlock the vehicle to enter or exit the vehicle, provided the handgun remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

(b)        This prohibition shall not apply to the following persons:

(1)        Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;

(2)        Civil and law enforcement officers of the United States;

(3)        Officers and soldiers of the militia and the National Guard when called into actual service;

(3a)      A member of the North Carolina National Guard who has been designated in writing by the Adjutant General, State of North Carolina, who has a concealed handgun permit issued in accordance with that is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24,Chapter, and is acting in the discharge of his or her official duties, provided that the member does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the member's body.

(4)        Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;

(4a)      Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with that is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24; Chapter; provided that the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator. Notwithstanding the provisions of this subsection, a A district attorney or assistant district attorney may carry a concealed weapon while in a courtroom; however, an investigator may not carry a concealed weapon at any time while in a courtroom.

(4b)      Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10 and meets any one of the following conditions:

a.         Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter.

b.         Is exempt from obtaining a permit pursuant to G.S. 14‑415.25.

c.         Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26;

(4c)      Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that: (i) the firearm is in a closed compartment or container within the locked vehicle, or (ii) the firearm is in a locked container securely affixed to the vehicle;

(4d)     Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate and who has a concealed handgun permit issued in accordance with that is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24;Chapter; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate;

(4e)      Any person who is serving as a clerk of court or as a register of deeds and who has a concealed handgun permit issued in accordance withthat is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24;Chapter; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds;

(5)        Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body;

(6)        State probation or parole certified officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

(7)        A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department, who has a concealed handgun permit issued in accordance withthat is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24,Chapter, and has in the person's possession written proof of the designation by the Secretary of the Department, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.

(8)        Any person who is an administrative law judge described in Article 60 of Chapter 7A of the General Statutes and who has a concealed handgun permit issued in accordance withthat is valid under Article 54B of this Chapter or considered valid under G.S. 14‑415.24,Chapter, provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.

(9)        State correctional officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body. If the concealed weapon is a handgun, the correctional officer must meet the firearms training standards of the Division of Adult Correction of the Department of Public Safety.

(b1)      It is a defense to a prosecution under this section that:if all of the following apply:

(1)        The weapon was not a firearm;handgun.

(2)        The defendant was engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon;weapon.

(3)        The defendant possessed the weapon for that legitimate use; anduse.

(4)        The defendant did not use or attempt to use the weapon for an illegal purpose.

The burden of proving this defense is on the defendant.

(b2)      It is a defense to a prosecution under this section that:

(1)        The deadly weapon is a handgun;

(2)        The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and

(3)        The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a).

(c)        Any Except as provided otherwise by law, any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense and a Class H felony for a second or subsequent offense. A violation of subsection (a1) of this section punishable under G.S. 14‑415.21(a) is not punishable under this section.

(d)       This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action."

SECTION 2.2.  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, 14‑269.7, 14‑415.35, or any other offense involving the use of a deadly weapon of a type referred to in G.S. 14‑269, firearm or other deadly weapon, the firearm or other 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.

."

SECTION 2.3.  G.S. 14‑269.2 reads as rewritten:

"§ 14‑269.2.  Weapons on campus or other educational property.

(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).G.S. 14‑415.41.

(2)        Firefighters, emergency service personnel, North Carolina Forest Service personnel, detention officers employed by and authorized by the sheriff to carry firearms, and any private police employed by a school, when acting in the discharge of their official duties.

(3)        Home schools as defined in G.S. 115C‑563(a).

(4)        Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

(5)        A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.

(6)        A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.

(7)        A volunteer school safety resource officer providing security at a school pursuant to an agreement as provided in G.S. 115C‑47(61) and either G.S. 162‑26 or G.S. 160A‑288.4, provided that the volunteer school safety resource officer is acting in the discharge of the person's official duties and is on the educational property of the school that the officer was assigned to by the head of the appropriate local law enforcement agency.

...."

SECTION 2.4.  G.S. 14‑288.8(b)(1) reads as rewritten:

"§ 14‑288.8.  Manufacture, assembly, possession, storage, transportation, sale, purchase, delivery, or acquisition of weapon of mass death and destruction; exceptions.

(b)        This section does not apply to any of the following:

(1)        Persons exempted from the provisions of G.S. 14‑269 listed as exceptions under G.S. 14‑415.41 with respect to any activities lawfully engaged in while carrying out their duties."

SECTION 2.5.  G.S. 14‑401.24 reads as rewritten:

"§ 14‑401.24.  Unlawful possession and use of unmanned aircraft systems.

(c)        The following definitions apply to this section:

(5)        Weapon. Those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, or 14‑288.8 14‑288.8, or 14‑415.35 and any other object capable of inflicting serious bodily injury or death when used as a weapon.

."

SECTION 2.6.  G.S. 14‑409.40 reads as rewritten:

"§ 14‑409.40.  Statewide uniformity of local regulation.

(f)        Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A‑129, 160A‑189, 14‑269, 14‑269.2, 14‑269.3, 14‑269.4, 14‑277.2, 14‑415.11, 14‑415.23, 14‑415.35, 14‑415.36, 14‑415.38, or 14‑415.39, including prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.

."

SECTION 2.7.  G.S. 14‑415.4 reads as rewritten:

"§ 14‑415.4.  Restoration of firearms rights.

(e)        Disqualifiers Requiring Denial of Petition. The court shall deny the petition to restore the firearms rights of any petitioner if the court finds any of the following:

(1)        The petitioner is ineligible to purchase, own, possess, or have in the person's custody, care, or control a firearm under the provisions of any law in North Carolina other than G.S. 14‑415.1.

(2)        The petitioner is under indictment for a felony or a finding of probable cause exists against the petitioner for a felony.

(3)        The petitioner is a fugitive from justice.

(4)        The petitioner is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.

(5)        The petitioner is or has been dishonorably discharged from the Armed Forces of the United States.

(6)        The petitioner is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑288.20A, 14‑318.2, 14‑415.21(b), or 14‑415.26(d), 14‑415.36, 14‑415.37, 14‑415.38, 14‑415.39, or a substantially similar out‑of‑state or federal offense.

."

SECTION 2.8.  G.S. 14‑415.11 reads as rewritten:

"§ 14‑415.11.  Permit to carry concealed handgun; scope of permit.

(a)        Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer. In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer.

(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 years from the date of issuance.

(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. 14‑269.2, 14‑415.36, and 14‑415.39.

(2)        Areas prohibited by G.S. 14‑269.4, except as allowed under G.S. 14‑269.4(6).An area prohibited by G.S. 14‑415.37, 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. 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.

(2a)      An area prohibited by G.S. 14‑415.38, 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. 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.

(3)        In an area prohibited by rule adopted under G.S. 120‑32.1.

(4)        In any area prohibited by 18 U.S.C. § 922 or any other federal law.

(5)        In a law enforcement or correctional facility.

(6)        In a building housing only State or federal offices.

(7)        In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.

(8)        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.

(c1)      Any person who has a concealed handgun permit may carry a concealed handgun on the grounds or waters of a park within the State Parks System as defined in G.S. 143B‑135.44.

(c2)      It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in the person's body any alcohol or in the person's blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in the person's blood was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

(c3)      As provided in G.S. 14‑269.4(5), it shall be 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.

(d)       A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address. If a permit is lost or destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the permit was lost or destroyed and paying the required duplicate permit fee."

SECTION 2.9.  G.S. 14‑415.12(b)(8) reads as rewritten:

"(8)      Except as provided in subdivision (8a), (8b), or (8c) of this section, within the three years prior to the date on which the application is submitted, is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes except for a violation of G.S. 14‑33(a), or a violation of a misdemeanor under G.S. 14‑226.1, 4‑258.1, 14‑269.2, former 14‑269.3, former 14‑269.4, 14‑269.6, 14‑277, 14‑277.1, former 14‑277.2, 14‑283 except for a violation involving fireworks exempted under G.S. 14‑414, 14‑288.2, 14‑288.4(a)(1), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑415.21(b), or 14‑415.26(d) within three years prior to the date on which the application is submitted.14-415.26(d), 14-415.36, 14-415.37, 14-415.38, or 14-415.39."

SECTION 2.10.  G.S. 14‑415.22 is repealed.

SECTION 2.11.  G.S. 74E‑6 reads as rewritten:

"§ 74E‑6.  Oaths, powers, and authority of company police officers.

(c)        All Company Police. Company police officers, while in the performance of their duties of employment, have the same powers as municipal and county police officers to make arrests for both felonies and misdemeanors and to charge for infractions on any of the following:

(1)        Real property owned by or in the possession and control of their employer.

(2)        Real property owned by or in the possession and control of a person who has contracted with the employer to provide on‑site company police security personnel services for the property.

(3)        Any other real property while in continuous and immediate pursuit of a person for an offense committed upon property described in subdivisions (1) or (2) of this subsection.

Company police officers shall have, if duly authorized by the superior officer in charge, the authority to carry concealed weapons pursuant to and in conformity with G.S. 14‑269(b)(4) and (5).G.S. 14‑269(b)(4) and (5) and G.S. 14‑415.35.

."

SECTION 2.12.  G.S. 74G‑6 reads as rewritten:

"§ 74G‑6.  Oaths, powers, and authority of campus police officers.

(d)       Concealed Weapons. Campus police officers shall have, if duly authorized by their campus police agency and by the sheriff of the county in which the campus police agency is located, the authority to carry concealed weapons pursuant to and in conformity with G.S. 14‑269(b)(5).G.S. 14‑269(b)(5) and G.S. 14‑415.35.

."

SECTION 2.13.  G.S. 106‑503.2 reads as rewritten:

"§ 106‑503.2.  Regulation of firearms at State Fair.

(b)        Notwithstanding subsection (a) of this section, any prohibition under this section shall not apply to the following persons:

(1)        Any person exempted by G.S. 14‑269(b)(1), (2), (3), (4), or (5).G.S. 14‑415.41(1), (2), (3), (5), or (11).

(2)        Any person who has a concealed handgun permit that is valid under Article 54B of this Chapter,Chapter 14 of the General Statutes, or who is exempt from obtaining a permit pursuant to that Article, who has a handgun in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. 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."

SECTION 2.14.  G.S. 113‑136 reads as rewritten:

"§ 113‑136.  Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors.

(d)       Inspectors and protectors are additionally authorized to arrest without warrant under the terms of G.S. 15A‑401(b) for felonies, for breaches of the peace, for assaults upon them or in their presence, and for other offenses evincing a flouting of their authority as enforcement officers or constituting a threat to public peace and order which would tend to subvert the authority of the State if ignored. In particular, they are authorized, subject to the direction of the administrative superiors, to arrest for violations of G.S. 14‑223, 14‑225, 14‑269, and 14‑277. 14‑277, and 14‑415.35.

."

 

PART III. STANDARDIZE AND ENSURE UNIFORMITY OF CONCEALED HANDGUN PERMIT APPLICATIONS AND MAKE CONFORMING CHANGES

SECTION 3.1.  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 3.2.  G.S. 14‑415.12 reads as rewritten:

"§ 14‑415.12.  Criteria to qualify for the issuance of a permit.

(a)        The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

(1)        The applicant is a citizen of the United States or has been lawfully admitted for permanent residence as defined in 8 U.S.C. § 1101(a)(20), and has been a resident of the State 30 days or longer immediately preceding the filing of the application.

(2)        The applicant is 21 years of age or older.

(3)        The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.currently diagnosed and ongoing mental disorder, as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM), that the sheriff determines would reasonably prevent the safe handling of a handgun. Previous treatment for transient disorders shall not be disqualifying.

(b)        The sheriff shall deny a permit to an applicant who:

(6)        Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. a danger to self or others due to mental illness or lack of mental capacity. Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

(7)        Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.

."

SECTION 3.3.  G.S. 14‑415.13(a) reads as rewritten:

"(a)      A person shall apply to the sheriff of the county in which the person resides to obtain a concealed handgun permit. The applicant shall submit to the sheriff all of the following:

(1)        An application, completed under oath, on a form provided by the sheriff, and such application form must be provided by the sheriff electronically. The sheriff shall not request employment information, character affidavits, additional background checks, photographs, or other information unless specifically permitted by this Article. A sheriff may schedule appointments for concealed handgun applications provided the appointments are scheduled for 15 business days or less from the date on which the applicant informs the sheriff that the applicant possesses all documentation necessary for the application.

(2)        A nonrefundable permit fee.

(3)        A full set of fingerprints of the applicant administered by the sheriff.

(4)        An original certificate of completion of an approved course, adopted and distributed by the North Carolina Criminal Justice Education and Training Standards Commission, signed by the certified instructor of the course attesting to the successful completion of the course by the applicant which shall verify that the applicant is competent with a handgun and knowledgeable about the laws governing the carrying of a concealed handgun and the use of deadly force.

(5)        A release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any of the following records concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified for a permit under the provisions of G.S. 14‑415.12.G.S. 14‑415.12:

a.         Records concerning an applicant's currently diagnosed and ongoing mental disorder, as defined by the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM).

b.         Records showing that the applicant is currently, or has been previously, adjudicated by a court to be a danger to self or others due to mental illness or lack of mental capacity.

            This provision does not prohibit submitting information related to involuntary commitment to the National Instant Criminal Background Check System (NICS)."

SECTION 3.4.  G.S. 14‑415.15(a) reads as rewritten:

"(a)      Except as permitted under subsection (b) of this section, within 45 90 days after receipt of the items listed in G.S. 14‑415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit. The sheriff may conduct any investigation necessary to determine the qualification or competency of the person applying for the permit, including record checks. The sheriff shall make the request for any records concerning the mental health or capacity of the applicant within 10 days of receipt of the items listed in G.S. 14‑415.13. If the sheriff has not received the required records concerning mental health or capacity of the applicant after 45 days of the request, then the sheriff shall request the records again. No person, company, mental health provider, or governmental entity may charge additional fees to the applicant for background checks conducted under this subsection. A permit shall not be denied unless the applicant is determined to be ineligible pursuant to G.S. 14‑415.12."

SECTION 3.5.  G.S. 14‑415.19(a) reads as rewritten:

"(a)      The permit fees assessed under this Article are payable to the sheriff. The sheriff shall transmit the proceeds of these fees to the county finance officer to be remitted or credited by the county finance officer in accordance with the provisions of this section. Except as otherwise provided by this section, the permit fees are as follows:

 

Application fee................................................................. $80.00$81.00

Renewal fee................................................................................. $75.00

Duplicate permit fee..................................................................... $15.00

 

The county finance officer shall remit forty‑five dollars ($45.00) forty‑six dollars ($46.00) of each new application fee and forty dollars ($40.00) of each renewal fee assessed under this subsection to the North Carolina Department of Public Safety for the costs of State and federal criminal record checks performed in connection with processing applications and for the implementation of the provisions of this Article. The remaining thirty‑five dollars ($35.00) of each application or renewal fee shall be used by the sheriff to pay the costs of administering this Article and for other law enforcement purposes. The county shall expend the restricted funds for these purposes only."

SECTION 3.6.  This part becomes effective October 1, 2017, and applies to permit applications submitted on or after that date.

 

PART IV. Concealed Carry in State Legislative Buildings

SECTION 4.1.  G.S. 120‑32.1 is amended by adding the following new subsections to read:

"(c2)    No rule adopted under this section shall prohibit a legislator, a legislative employee, or a qualified former sworn law enforcement officer who has a concealed handgun permit considered valid under Article 54B of Chapter 14 of the General Statutes or a current sworn law enforcement officer 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, a legislative employee, a qualified former sworn law enforcement officer, or a current sworn law enforcement officer 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 4.2.  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, legislative employee, or qualified former sworn law enforcement officer with a concealed handgun permit valid under Article 54B of this Chapter 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 4.3.  This part becomes effective December 1, 2017.

 

Part V. Changes to weapons on educational property

SECTION 5.1.  G.S. 14‑269.2 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.

(1a)      Employee. A person employed by a local board of education or school whether the person is an adult or a minor.

(1b)      School. A public or private school, community college, college, or university.

(1c)      School operating hours. Any times when curricular or extracurricular activities are taking place on the premises and any time when the premises are being used for educational, instructional, or school‑sponsored activities.

(2)        Student. A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

(3)        Switchblade knife. A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.

(3a)      Volunteer school safety resource officer. A person who volunteers as a school safety resource officer as provided by G.S. 162‑26 or G.S. 160A‑288.4.

(4)        Weapon. Any device enumerated in subsection (b), (b1), or (d) of this section.

(b)        It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

(b1)      It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.

(b2)      Restrictions on extracurricular activities listed in subsection (b) of this section do not apply if both of the following criteria are met:

(1)        The person is not a participant in, or chaperone or spectator of, the extracurricular activity.

(2)        The extracurricular activity is conducted in a public place, including, but not limited to, a restaurant, public park, or museum.

...

(k1)      The provisions of this section shall not apply to a person in a vehicle on a road not maintained by the school that crosses the educational property if the person has a weapon, including an open or concealed handgun, within the locked vehicl, and the person remains within the locked vehicle while crossing the educational property and only unlocks the vehicle to allow the entrance or exit of another person.

(k2)      The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, if all of the following conditions apply:

(1)        The person possesses and carries a handgun on educational property other than an institution of higher education, as defined by G.S. 116‑143.1, or a nonpublic, post‑secondary educational institution.

(2)        The 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. For the purposes of this subsection, property owned by a local board of education or board of county commissioners shall not be construed as a building that is a place of religious worship, as defined in G.S. 14‑54.1.

(3)        The weapon is a handgun.

(4)        The handgun is only possessed and carried on educational property outside of the school operating hours.

(l)         It is an affirmative defense to a prosecution under subsection (b) or (f) of this section that the person was authorized to have a concealed handgun in a locked vehicle pursuant to subsection (k) of this section and removed the handgun from the vehicle only in response to a threatening situation in which deadly force was justified pursuant to G.S. 14‑51.3."

SECTION 5.2.  This part becomes effective December 1, 2017, and applies to offenses committed on or after that date.

 

Part VI. Pistol Permit/Mental Health Record to Sheriff

SECTION 6.1.  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:No additional documentation or evidence shall be required to be submitted by an applicant for a permit except the following:

(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 shall 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. Nothing in this subsection shall be construed to increase the documentation an applicant is required to provide under subsection (e1) of this section or to increase the time period set out in subsection (f) of this section.

(e3)      The permit application shall also contain a conspicuous warning substantially as follows:

"By filing this permit application, I understand that I am giving the sheriff the authority to obtain all criminal and mental health court orders required by State and federal law to determine permit eligibility."

(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 6.2.  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 6.3.  This part becomes effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.

 

part vii. other changes to weapons law and additional conforming changes

SECTION 7.1.  G.S. 14‑269.1 reads as rewritten:

"§ 14‑269.1.  Confiscation and disposition of deadly weapons.

(a)        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 subsection. 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 subsection 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.

(b)        If the weapon is owned by the defendant, and the defendant is not convicted as provided in this section, the presiding judge shall order the weapon returned to the defendant."

SECTION 7.2.  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 7.3.  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 7.4.  This part becomes effective December 1, 2017, and applies to offenses committed on or after that date.

 

PART VIII. DEVELOP COMPREHENSIVE FIREARM EDUCATION AND WILDLIFE CONSERVATION COURSES

SECTION 8.1.  Article 8 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑81.90.  Firearm Safety Elective Course.

The State Board of Education, in consultation with law enforcement agencies and firearms associations, shall develop a comprehensive firearm education course that can be offered as an elective at the high school level to facilitate the learning of science, technology, engineering, and mathematics (STEM) principles. The firearm safety course shall include history, mathematics, and firearms functions and applications. Firearm safety shall be a key component of the course of study. The course shall rely on input from law enforcement agencies and firearms associations as well as related scientific engineering and design‑related educational sources. The course of instruction shall not permit the use or presence of live ammunition. The course shall be conducted under the supervision of an adult who has been approved by the school principal in accordance with G.S. 14‑296.2(g)(1)."

SECTION 8.2.  Article 8 of Chapter 115C of the General Statutes is amended by adding a new section to read:

"§ 115C‑81.95.  Wildlife Conservation Elective Course.

The State Board of Education, in consultation with the Wildlife Resources Commission, the Division of Marine Fisheries, and the Wildlife Management Institute, shall develop a comprehensive course on the North American Model for Wildlife Conservation that can be offered as an elective at the high school level."

SECTION 8.3.  This part is effective when it becomes law and applies beginning with the 2018‑2019 school year.

 

PART IX. EFFECTIVE DATE

SECTION 9.1.  This section becomes effective July 1, 2017. Unless provided otherwise, the remainder of this act becomes effective December 1, 2017, and applies to offenses committed on or after that date.

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