GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H                                                                                                                                                    1

HOUSE BILL 562

 

 

Short Title:        Amend Firearm Laws.		(Public)
Sponsors:	Representatives Schaffer, Burr, Cleveland, and Faircloth (Primary Sponsors). For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.
Referred to:	Judiciary I.

April 6, 2015

A BILL TO BE ENTITLED

AN ACT to allow district attorneys to carry concealed handguns in courtrooms, to provide that prohibitions on carrying concealed handguns do not apply to certain department of public safety employees, to amend laws relating to concealed handguns on educational property, to prohibit concealed handguns on rides at the state fair, to eliminate pistol permits, to require chief law enforcement officers to complete certifications required by federal law, to require employers to allow employees to secure a handgun in their vehicle, to amend the shooting range protection act, to ensure federal recognition of state firearm right restoration, to modify the misdemeanor convictions that prevent issuance of a concealed handgun permit, to implement sign requirements for private property owners that choose to prohibit concealed handguns, and to allow hunting with suppressors on short‑barreled rifles.

The General Assembly of North Carolina enacts:

SECTION 1.(a)  G.S. 14‑269(b) reads as rewritten:

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

…

(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 Article 54B of this Chapter or considered valid under G.S. 14‑415.24; 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;

…

(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 with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, 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."

SECTION 1.(b)  G.S. 14‑415.27 reads as rewritten:

"§ 14‑415.27.  Expanded permit scope for certain persons.

Notwithstanding G.S. 14‑415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 is not subject to the area prohibitions set out in G.S. 14‑415.11(c) and may carry a concealed handgun in the areas listed in G.S. 14‑415.11(c) unless otherwise prohibited by federal law:

(1)        A district attorney.

(2)        An assistant district attorney.

(3)        An investigator employed by the office of a district attorney.

(4)        A North Carolina district or superior court judge.

(5)        A magistrate.

(6)        A person who is elected and serving as a clerk of court.

(7)        A person who is elected and serving as a register of deeds.

(8)        A person employed by the Department of Public Safety who has been designated in writing by the Secretary of the Department and who has in the person's possession written proof of the designation."

SECTION 2.  G.S. 14‑269.2(k) reads as rewritten:

"(k)      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 any of the following conditions are met:

(1)        who The person 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 unlockvehicle and only unlocks the vehicle to enter or exit the vehicle provided while the firearm remains in the closed compartment at all times and immediately locks the vehicle is locked immediately following the entrance or exit.

(2)        The person has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person.

(3)        The person is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to do either of the following:

a.         Move the handgun from concealment on the person to a closed compartment or container within the vehicle.

b.         Move the handgun from within a closed compartment or container within the vehicle to concealment on the person.

Notwithstanding G.S. 14‑415.11(c)(8), no school may prohibit the concealed carry of a handgun pursuant to this subsection."

SECTION 3.  G.S. 14‑269.2 is amended by adding a new subsection to read:

"(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 4.  G.S. 14‑269.3(b) reads as rewritten:

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

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

(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 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.that Article. 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).

(6)        A person carrying a handgun on the premises of the State Fairgrounds during the State Fair if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, or is exempt from obtaining a permit pursuant to that Article, provided the person does not ride or enter any amusement device as defined by G.S. 95‑111.3. Nothing in this subdivision shall be construed to prohibit a person from possessing a handgun in compliance with G.S. 14‑269(a2) in a parking area that is owned or leased by State government."

SECTION 5.(a)  The following statutes are repealed: G.S. 14‑402, 14‑403, 14‑404, 14‑405, and 14‑407.1.

SECTION 5.(b)  G.S. 14‑315(b1) reads as rewritten:

"(b1)    Defense. – It shall be a defense to a violation of this section if all of the following conditions are met:

(1)        The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 for transfer of the weapon to an adult.

(2)        The person reasonably believed that the minor was not a minor.

(3)        The person either:

a.         Shows that the minor produced a drivers license, a special identification card issued under G.S. 20‑37.7, a military identification card, or a passport, showing the minor's age to be at least the required age for purchase and bearing a physical description of the person named on the card reasonably describing the minor; or

b.         Produces evidence of other facts that reasonably indicated at the time of sale that the minor was at least the required age."

SECTION 6.  Article 53B of Chapter 14 of the General statutes is amended by adding a new section to read:

"§ 14‑409.41.  Chief law enforcement officer certification; certain firearms.

(a)        Definitions. – The following definitions apply in this section:

(1)        Certification. – The participation and assent of the chief law enforcement officer necessary under federal law for the approval of the application to transfer or make a firearm.

(2)        Chief law enforcement officer. – Any official the United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, or any successor agency, identified by regulation or otherwise as eligible to provide any required certification for the transfer or making of a firearm.

(3)        Firearm. – Any firearm that meets the definition of firearm in 26 U.S.C. § 5845.

(b)        When a chief law enforcement officer's certification is required by federal law or regulation for the transfer or making of a firearm, the chief law enforcement officer shall, within 15 days of receipt of a request for certification, provide the certification if the applicant is not prohibited by State or federal law from receiving or possessing the firearm and is not the subject of a proceeding that could result in the applicant being prohibited by State or federal law from receiving or possessing the firearm. If the chief law enforcement officer is unable to make a certification as required by this section, the chief law enforcement officer shall provide the applicant with a written notification of the denial and the reason for the denial.

Nothing in this section shall require a chief law enforcement officer to make a certification the chief law enforcement officer knows to be untrue, but the chief law enforcement officer may not refuse to provide certification based on a generalized objection to private persons or entities making, possessing, or receiving firearms or any certain type of firearm the possession of which is not prohibited by law.

(c)        An applicant whose request for certification is denied may appeal the decision of the chief law enforcement officer to the district court of the district in which the request for certification was made. The court shall make a de novo review of the chief law enforcement officer's decision to deny the certification. If the court finds that the applicant is not prohibited by State or federal law from receiving or possessing the firearm, is not the subject of a proceeding that could result in the applicant being prohibited by State or federal law from receiving or possessing the firearm, and that no substantial evidence supports the chief law enforcement officer's determination that the chief law enforcement officer cannot truthfully make the certification, the court shall order the chief law enforcement officer to issue the certification and award court costs and reasonable attorneys' fees to the applicant.

(d)        Chief law enforcement officers and their employees who act in good faith are immune from liability arising from any act or omission in making a certification as required by this section."

SECTION 7.  Article 53B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑409.42.  No prohibition regarding the transportation or storage of a firearm in locked motor vehicle by business, commercial enterprise, or employer; civil liability; enforcement.

(a)        As used in this section, the term "motor vehicle" means any automobile, truck, minivan, sport utility vehicle, motorcycle, motor scooter, and any other vehicle required to be registered under Chapter 20 of the General Statutes.

(b)        A business, commercial enterprise, or employer shall not establish, maintain, or enforce a policy or rule that prohibits or has the effect of prohibiting a person from transporting or storing any firearm or ammunition when the person has a concealed handgun permit that is valid under Article 54B of this Chapter, or is exempt from obtaining a permit pursuant to that Article, is otherwise in compliance with all other applicable laws and regulations, and the firearm or ammunition 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 or ammunition remain in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

(c)        Subsection (b) of this section shall not apply to the following:

(1)        Vehicles owned or leased by an employer.

(2)        Where transport or storage of a firearm is prohibited by State or federal law or regulation.

(d)        A person who is injured or incurs damages, or the survivors of a person killed, as a result of a violation of subsection (b) of this section may bring a civil action in the appropriate court against any business entity, commercial enterprise, or employer who committed or caused such violation. A person who would be entitled legally to transport or store a firearm or ammunition, but who would be denied the ability to transport or store a firearm or ammunition by a policy in violation of subsection (b) of this section, may bring a civil action in the appropriate court to enjoin any business entity, commercial enterprise, or employer from violating subsection (b) of this section.

(e)        An employee discharged by an employer, business entity, or commercial enterprise for violation of a policy or rule prohibited under subsection (b) of this section, when he or she was lawfully transporting or storing a firearm out of plain sight in a locked motor vehicle, is entitled to full recovery as specified in subdivisions (1) through (4) of this subsection, inclusive. If the demand for the recovery is denied, the employee may bring a civil action in the courts of this State against the employer, business entity, or commercial enterprise and is entitled to the following:

(1)        Reinstatement to the same position held at the time of his or her termination from employment, or to an equivalent position.

(2)        Reinstatement of the employee's full fringe benefits and seniority rights, as appropriate.

(3)        Compensation, if appropriate, for lost wages, benefits, or other lost remuneration caused by the termination.

(4)        Payment of reasonable attorneys' fees and legal costs incurred.

(f)         A business, commercial enterprise, employer, or property owner that allows persons to transport or store any firearm or ammunition pursuant to subsection (b) of this section shall have complete immunity and shall not be held liable in any civil action for damages, injuries, or death resulting from or arising out of another person's actions involving a firearm or ammunition transported or stored in accordance with this section, including, but not limited to, the theft of a firearm from an employee's automobile. Nothing contained in this section shall create a new duty on the part of any business, commercial enterprise, employer, or property owner. This section shall not be construed to permit a person to possess a firearm outside of a motor vehicle while on the premises of a place of employment where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting possession of a firearm on the premises.

(g)        In any action relating to the enforcement of any right or obligation under subsections (d) and (e) of this section, the reasonable, good‑faith efforts of a business, commercial enterprise, employer, or property owner to comply with other applicable and irreconcilable federal or State safety laws or regulations shall be a complete defense to any liability of the business, commercial enterprise, employer, or property owner."

SECTION 8.(a)  G.S. 14‑409.46 reads as rewritten:

"§ 14‑409.46.  Sport shooting range protection.

(a)        Notwithstanding any other provision of law, a person who owns, operates, or uses a sport shooting range in this State shall not be subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range was in existence at least three years prior to the effective date of this Article and the range was is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time the range began operation.

(b)        A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on the basis of noise or noise pollution, and a State court shall not enjoin the use or operation of a range on the basis of noise or noise pollution, if the range was in existence at least three years prior to the effective date of this Article and the range was is in compliance with any noise control laws or ordinances that applied to the range and its operation at the time the range began operation.

(c)        Rules adopted by any State department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range exempted from liability under this Article.that was in operation prior to the adoption of the rule.

(d)        A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution against the person who owns the range to restrain, enjoin, or impede the use of the range. If there is a substantial change in use of the range after the person acquires title, the person may maintain a nuisance action if the action is brought within one year of the date of a substantial change in use. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.

(e)        A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance and was in existence at least three years prior to the effective date of this Article, shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance, provided there has been no substantial change in use."

SECTION 8.(b)  G.S. 14‑409.47 reads as rewritten:

"§ 14‑409.47.  Application of Article.

Except as otherwise provided in this Article, this Article does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this Article.September 1, 1997."

SECTION 9.  G.S. 14‑415.4(a) reads as rewritten:

"(a)       Definitions. – The following definitions apply in this section:

(1)        Firearms rights. – The legal right in this State of a person to purchase, own, possess, or have in the person's custody, care, or control any firearm or any weapon of mass death and destruction as those terms are defined in G.S. 14‑415.1 and G.S. 14‑288.8(c). The term does not include any weapon defined in G.S. 14‑409(a).

(2)        Nonviolent felony. – The term nonviolent felony does not include any felony that is a Class A, Class B1, or Class B2 felony. Also, the term nonviolent felony does not include any Class C through Class I felony that is one of the following:

a.         An offense that includes assault as an essential element of the offense.

b.         An offense that includes the possession or use of a firearm or other deadly weapon as an essential or nonessential element of the offense, or the offender was in possession of a firearm or other deadly weapon at the time of the commission of the offense.

c.         An offense for which the offender was armed with or used a firearm or other deadly weapon.

d.         An offense for which the offender must register under Article 27A of Chapter 14 of the General Statutes."

SECTION 10.  G.S. 14‑415.12(b) reads as rewritten:

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

(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 or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill. 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.

(8)        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, or a violation of 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, 14‑277.3A, 14‑281.1, 14‑283,14‑283 except for a violation involving fireworks exempted under G.S. 14‑414, 14‑288.2, 14‑288.4(a)(1) or (2),14‑288.4(a)(1), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑288.20A, 14‑318.2, 14‑415.21(b), 14‑415.26(d), or former G.S. 14‑277.3.G.S. 14‑277.3 within three years prior to the date on which the application is submitted.

(8a)      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.

(9)        Has had entry of a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

(10)      Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

(11)      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 application is submitted."

SECTION 11.(a)  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑415.28.  Sign requirements.

(a)        Notwithstanding any other provision of this Article, any requirement of or allowance for the posting of signs prohibiting the carrying of a concealed handgun upon any premises shall only be satisfied by a sign meeting the requirements of this section.

(b)        All signs must be posted at each entrance into a building where a person with a concealed handgun permit is prohibited from carrying a concealed handgun and must meet all of the following criteria:

(1)        Be clearly visible from outside the building.

(2)        Be eight inches wide by 12 inches tall in size.

(3)        Contain the words "NO CONCEALED HANDGUNS ALLOWED" in black one‑inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign.

(4)        Contain a black silhouette of a handgun inside a circle seven inches in diameter with a diagonal line that runs from the lower left to the upper right at a 45‑degree angle from the horizontal.

(5)        Be placed not less than 40 inches and not more than 60 inches from the bottom of the building's entrance door.

(c)        If the premises where a person with a concealed handgun permit is prohibited from carrying a concealed handgun does not have doors, then the signs required by this section must meet all of the following criteria:

(1)        Be 36 inches wide by 48 inches tall in size.

(2)        Contain the words "NO CONCEALED HANDGUNS ALLOWED" in black three‑inch tall uppercase type at the bottom of the sign and centered between the lateral edges of the sign.

(3)        Contain a black silhouette of a handgun inside a circle 34 inches in diameter with a two‑inch wide border and a diagonal line that is two inches wide and runs from the lower left to the upper right at a 45‑degree angle from the horizontal.

(4)        Be placed not less than 40 inches and not more than 96 inches above the ground.

(5)        Be posted in sufficient quantities to be clearly visible from any point of entry onto the premises."

SECTION 11.(b)  G.S. 14‑415.11(c) read as rewritten:

"(c)       Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:

(1)        Areas prohibited by G.S. 14‑269.2, 14‑269.3, and 14‑277.2.

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

(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 statementsign meeting the criteria of G.S. 14‑415.28 by the person in legal possession or control of the premises."

SECTION 11.(c)  G.S. 14‑269.3(b) reads as rewritten:

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

…

(5)        A person carrying a handgun if the person has a valid 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. 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).G.S. 14‑415.28."

SECTION 11.(d)  G.S. 14‑277.2(d) reads as rewritten:

"(d)      The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a permit considered valid under G.S. 14‑415.24, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25. This subsection shall not be construed to permit a person to carry a concealed 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).G.S. 14‑415.28."

SECTION 11.(e)  G.S. 14‑415.23(a) reads as rewritten:

"(a)       It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14‑415.11(c),G.S. 14‑415.28, on local government buildings and their appurtenant premises."

SECTION 12.  G.S. 113‑291.1(c) reads as rewritten:

"(c)       It is a Class 1 misdemeanor for any person taking wildlife to have in his possession any:

(1)        Repealed by Session Laws 2013‑369, s. 23, effective October 1, 2013.

(2)        Weapon of mass death and destruction as defined in G.S. 14‑288.8, other than a suppressor or other device designed to muffle or minimize the report of a firearm or short‑barreled rifle that is lawfully possessed by a person in compliance with 26 U.S.C. Chapter 53 §§ 5801‑5871.

The Wildlife Resources Commission may prohibit individuals training dogs or taking particular species from carrying axes, saws, tree‑climbing equipment, and other implements that may facilitate the unlawful taking of wildlife, except tree‑climbing equipment may be carried and used by persons lawfully taking raccoons and opossums during open season."

SECTION 13.  Sections 1, 2, 3, and 12 of this act become effective July 1, 2015, and apply to offenses committed on or after that date. Section 4 of this act is effective when it becomes law. Section 5 of this act becomes effective October 1, 2019, and applies to offenses committed on or after that date. Sections 6, 7, and 11 of this act become effective July 1, 2015. Section 8 of this act becomes effective July 1, 2015, but shall not apply to pending litigation. Section 9 of this act is effective when it becomes law and applies to restorations granted before, on, or after that date. Section 10 of this act becomes effective July 1, 2015, and applies to permit applications submitted on or after that date. The remainder of this act is effective when it becomes law.