Because of your kind $2 donation to the North Carolina Sheriffs' Association (NCSA) through your county firearm permit application, NCSA provides you with up-to-date information on gun laws and firearms purchasing laws that affect you as a North Carolina citizen.
As a general rule, for a bill to be successful during any legislative session it must meet the “crossover” deadline. Making crossover means a bill receives a majority vote in one chamber and is sent to the other chamber for consideration by a certain date set by the General Assembly. This year the crossover deadline was May 13.
There are a few notable exceptions to the crossover requirement which would allow a bill to stay alive after crossover. For example, if a bill contains any funding component or is related to elections, it does not have to make crossover and can be voted on at any time during the session. Additionally, a bill which makes crossover can be amended to add the language of a bill that did not make crossover before it is called for a final vote.
The following House and Senate bills were considered by the General Assembly this session and most of them made crossover. Only two of the bills as noted below have been vetoed by the Governor Roy Cooper this session and only one did not make crossover. Any bill that made crossover may be considered at any point during the two-year session extending into 2022.
HOUSE BILL 47, Elected Officials Concealed Carry, would authorize all elected officials (including those appointed to an elective office) with concealed handgun permits to carry a concealed handgun while performing their official duties in areas where these individuals are currently prohibited by statute from doing so (such as State buildings and local confinement facilities). If enacted into law, a county commissioner could, for example, lawfully carry a concealed handgun into a courthouse or courtroom to evaluate the condition of the county building while it is in operation, or to do anything else that could be characterized as falling within the county commissioner’s official duties.
HOUSE BILL 48/SENATE BILL 134, Concealed Carry/Emergency Medical Personnel, would allow emergency medical services personnel to carry a concealed handgun while on duty only if they are deployed to provide tactical medical assistance to a law enforcement Special Weapons and Tactics (SWAT) team during an emergency situation.
The bill would require the emergency medical personnel to first obtain specialized training before carrying a concealed handgun in this scenario, which would include training on firearms safety, use of firearms systems and use of deadly force.
HOUSE BILL 49, Concealed Carry Permit Lapse/Revise Law, would require a sheriff to waive the requirement to take a firearms safety and training course upon the renewal of a concealed handgun permit if the person applies to renew the permit no more than 60 days after the permit expires. Currently, a sheriff has the discretion to waive the firearms safety and training course if the person applies for a renewal within 60 days of the expiration date of the concealed handgun permit.
In addition, if the permittee applies to renew a concealed handgun permit between 61 days and 180 days after expiration, the bill would also require the sheriff to waive the requirement of taking another full firearms safety and training course if the permittee completes a “refresher” course on the laws and provides proof of completion to the sheriff. The bill does not define what is meant by a “refresher” course.
Finally, the bill does not create a grace period for an expired concealed handgun permit. Therefore, a person would still be prohibited from carrying a concealed handgun once the permit has expired, and until such time as the sheriff renews the permit.
HOUSE BILL 134, 2nd Amendment Protection Act, would allow anyone with a concealed handgun permit to carry a concealed handgun on the premises of a place of religious worship when the place of worship is also located on the grounds of a nonpublic school only when the premises is NOT being used for school or school activities.
The bill would clarify that property owned by a local board of education or a county commission would not be considered a place of religious worship. In addition, the bill would not authorize the carrying of a concealed handgun on the property of an institution of higher education (such as a public college, university or community college) or a nonpublic postsecondary educational institution (such as a private college or university).
In addition, the bill would also clearly define school operating hours as any time when the following occur: (1) the premises are being used for curricular or extracurricular activities; (2) the premises are being used for educational, instructional, or school-sponsored activities; or (3) the premises are being used for programs for minors by entities not affiliated with the religious institution.
Finally, the bill would allow emergency medical personnel that receive specialized training to carry a concealed handgun while on duty only if they are deployed to provide tactical medical assistance for law enforcement during a Special Weapons and Tactics (SWAT) operation.
HOUSE BILL 145, Property Protection Act/DVPO, would authorize a qualified licensed firearms dealer to take custody of surrendered firearms and ammunition from the sheriff if the defendant is the owner of the items and the items have been in the custody of the sheriff for at least 15 days. A qualified licensed firearms dealer would mean an FFL who operates a business in a commercial building located in the State that is open to the public, who regularly engages in the purchase and sale of firearms with members of the public.
The bill specifies that in the event the surrendered firearms and ammunition are sold by the sheriff or the qualified licensed firearms dealer, the defendant is entitled to the sale proceeds, less any costs associated with the sale and any storage fees owed to the sheriff or qualified licensed firearms dealer.
HOUSE BILL 194, Federal Court Official/Concealed Carry, would add to the categories of individuals currently allowed to carry concealed weapons under G.S. § 14-269(b) (such as law enforcement officers, district attorneys and district and superior court judges) the following individuals: federal judges, including federal magistrate judges, and United States attorneys or United States assistant attorneys.
The bill would authorize these individuals to carry a concealed handgun in areas such as State courthouses so long as the individual has a valid concealed handgun permit and the individual secures the weapon in a locked compartment when the weapon is not on the person of the federal judge or United States attorney.
HOUSE BILL 200, Lifetime Concealed Handgun Permit, did not make crossover. However, significant discussions about the bill’s provisions have taken place between bill sponsors and other members. Therefore, there is a possibility that an amended version of this bill may still appear later in another bill prior to adjournment.
This bill would provide for two types of concealed handgun permits: (1) a fixed duration permit, valid for five years from the date of issuance, which is subject to the same requirements under current permitting laws; and (2) a lifetime permit, which would be valid until revoked or surrendered.
A lifetime permit would be required to bear a clear indication of its lifetime status on the face of the permit. Additionally, sheriffs would be required to maintain a list of permit holders that includes identifying information that indicates whether the permit is a fixed duration or lifetime permit. Sheriffs would be required to make this list available upon request to all State and local law enforcement agencies.
HOUSE BILL 234, Assault LEO/Require Destruction of Firearm, would authorize a judge, upon the filing of a motion by a district attorney for disposal of a firearm that is no longer needed as evidence in a criminal trial, to order the firearm destroyed if the firearm was used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim.
Currently, upon the filing of such a motion by the district attorney, the court must order the firearm destroyed if the firearm does not contain a unique identification number or if the firearm is unsafe.
Finally, the bill is entitled “Assault LEO/Require Destruction of Firearm.” However, if enacted into law as written, the bill would still authorize a judge to return the firearm to a rightful owner (i.e. “innocent” owner) if the person establishes they are the rightful owner of the firearm and that the person was unlawfully deprived of the firearm or had no knowledge or reasonable belief of the defendant's intention to use the firearm unlawfully.
HOUSE BILL 386, Sunny Point Rail ROW Firearm Discharge Ban, makes it unlawful to discharge a firearm, or to attempt to discharge a firearm, from, on, across, or over the right-of-way of the United States Department of Defense Strategic Rail Corridor Network connecting the Leland rail interchange yard with the Military Ocean Terminal at Sunny Point, North Carolina.
A violation of this provision is a Class 3 misdemeanor and is enforceable by law enforcement officers of the Wildlife Resources Commission, by sheriffs and deputy sheriffs, by sworn civilian police officers for the Military Ocean Terminal at Sunny Point, and by other peace officers with general subject matter jurisdiction.
This bill only applies to Brunswick County. Since the bill applies to fewer than 15 counties, it is considered a local bill and therefore does not require the signature of the Governor to become law. This local bill became law when approved by the General Assembly and has an effective date of October 1, 2021 and applies to offenses committed on or after that date.
HOUSE BILL 398, Pistol Purchase Permit Repeal, would eliminate the requirement of obtaining a pistol purchase permit to sell, give away, transfer, purchase, or receive a pistol in this State. Currently, a pistol purchase permit issued by the sheriff is required to sell, give away, transfer, purchase, or receive a pistol in North Carolina.
This bill passed the House and Senate but was vetoed by Governor Roy Cooper.
HOUSE BILL 483, Pistol Permit/Mental Health Record to Sheriff, would eliminate the current requirement that the applicant for a pistol purchase permit provide the sheriff with a signed and notarized release for mental health orders. The bill would also clarify that, upon request by the sheriff in writing, any holder of a mental health order (such as clerks of court or medical facilities) must provide such court orders directly to the sheriff.
The bill would also require the pistol purchase permit application to contain a written warning to the applicant that is 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."
Lastly, the bill would create the new criminal offense of “Misdemeanor crime of domestic violence.” It would be a Class A1 misdemeanor to use or attempt to use physical force, or to threaten the use of a deadly weapon, against a person when the perpetrator of the crime is one of the following: (1) a current or former spouse, parent, or guardian of the victim; (2) a person with whom the victim shares a child in common; (3) a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian; or (4) a person similarly situated to a spouse, parent, or guardian of the victim.
SENATE BILL 43, Protect Religious Meeting Places, would allow anyone with a concealed handgun permit to carry a concealed handgun on the premises of a place of religious worship when the place of worship is also located on school grounds. The bill specifies that the carrying of a concealed handgun on the premises of school grounds would only be allowed when the premises is NOT being used for curricular, extracurricular or any school-sponsored activities (such as on weekends or during holidays) if the person carrying the concealed handgun possesses a valid North Carolina concealed handgun permit.
The bill clarifies that a school may prohibit the carrying of a concealed handgun on the premises of school grounds, even when school is not in session, by posting a conspicuous notice that states the carrying of a concealed handgun is prohibited.
This bill passed the House and Senate but was vetoed by Governor Roy Cooper.
SENATE BILL 233, Modify Fox/Coyote Taking for Certain Counties, would add Guilford, Harnett, Onslow, and Randolph counties to the list of those counties where there is an open season for the taking of foxes with weapons and for the taking of foxes and coyotes by trapping during the trapping season set by the Wildlife Resources Commission.
The bill would remove Cumberland County from the list of other counties where the above hunting provisions currently apply to the taking and trapping of foxes and coyotes.
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