GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2015

H D

HOUSE DRH10293-LH-121A (03/11)

Short Title: Gun Rights and Privacy Act.		(Public)
Sponsors:	Representative Pittman.
Referred to:

A BILL TO BE ENTITLED

AN ACT to provide that no state or local official, agent, or employee shall knowingly and willfully order another state or local official, Agent, or employee to enforce a federal law upon a personal firearm, firearm accessory, or ammunition, unless complying with a court order; to repeal the prohibition against carrying a concealed weapon and make various conforming changes; to retain the concealed handgun permit for the convenience of reciprocity when traveling in other states and to make the purchase of a firearm more efficient; and to prohibit health care providers from questioning competent patients about lawful activity related to firearms and ammunition.

The General Assembly of North Carolina enacts:

PART I. GUN RIGHTS AND PRIVACY ACT

SECTION 1.(a) This act shall be known as the Gun Rights and Privacy Act.

SECTION 1.(b) It is the intent of the General Assembly in enacting this section to protect North Carolina law enforcement officers from being directed, through federal executive orders, agency orders, statutes, laws, rules, or regulations enacted or promulgated on or after the effective date of this section, to violate their oath of office and North Carolina citizens' rights under Section 30, Article I, of the Constitution of the State of North Carolina. This section provides that no North Carolina law enforcement official shall knowingly and willingly order an action that is contrary to the provisions of Section 30, Article I, of the Constitution of the State of North Carolina. The General Assembly does not intend to affect a North Carolina law enforcement officer who assists federal agents on drug or gang enforcement activities. The General Assembly intends to create a penalty for an official, agent or employee of the State of North Carolina or a political subdivision thereof that orders an unlawful confiscation without penalizing officers that follow orders. North Carolina law enforcement officers are partners with North Carolina citizens in protecting the rights as outlined in both the United States Constitution and the Constitution of the State of North Carolina.

SECTION 1.(c) Article 53B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑409.41. Prohibition of regulation of certain firearms.

(a) Other than to comply with an order of the court, it is unlawful for a State or local official, agent, or employee knowingly and willfully to order another State or local official, agent, or employee to enforce any executive order, agency order, law, rule or regulation of the United States government as provided in subsection (b) of this section upon a personal firearm, a firearm accessory, or ammunition. A violation of this section shall be punishable as follows:

(1) For a first violation, the person shall be liable for a civil penalty not to exceed one thousand dollars ($1,000). The clear proceeds of civil penalties assessed pursuant to this subsection shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2.

(2) For a second or subsequent violation, the person shall be guilty of a Class 2 misdemeanor.

(b) No federal executive order, agency order, law, statute, rule or regulation issued, enacted, or promulgated on or after December 1, 2015, shall be knowingly and willfully ordered to be enforced by any State or local official, agent or employee if contrary to the provisions of Section 30 of Article I of the Constitution of the State of North Carolina.

(c) Nothing in this section shall be construed to affect the law of search and seizure as set forth in Section 20 of Article I of the Constitution of the State of North Carolina or as set forth in the fourth, fifth and fourteenth amendments to the United States Constitution. Notwithstanding any other provision in this section, no private cause of action exists under this section.

(d) For purposes of this section, "enforcement" shall not be construed to include the performance of any act solely for the purpose of facilitating the transfer of firearms under federal law. Any order of enforcement not excluded by the provisions of this subsection that occurs on and after December 1, 2015, is a breach of the oath of office of the State or local official, agent or employee."

PART II. REPEAL PROHIBITION ON CARRYING CONCEALED WEAPONS

SECTION 2. The following statutes are repealed: G.S. 14‑269, 14‑269.3, 14‑269.4, and 14‑277.2.

SECTION 3. Chapter 14 of the General Statutes is amended by adding a new Article to read:

"Article 54C.

"Carrying Concealed Weapons.

"§ 14‑415.35. Carrying concealed weapons.

(a) Carrying Concealed Weapon. � Any person who is a citizen of the United States and is at least 21 years old may carry a concealed weapon in this State unless provided otherwise by law.

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

(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 any citizen 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, 14‑415.36, 14‑415.37, 14‑415.38, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑415.39, 14‑277.3A, 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), 14‑415.26(d), or former 14‑277.3.

(9) 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 weapon.

(10) 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 weapon.

(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 person is carrying the weapon.

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

(d) Penalty. � Any person who violates subsection (b) of this section is guilty of a Class 2 misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent offense. Any person who violates subsection (c) of this section commits an infraction and shall be punished in accordance with G.S. 14‑3.1.

"§ 14‑415.36. Unlawful to carry concealed weapons into assemblies and establishments where alcoholic beverages are sold and consumed when property owner posts that no concealed carry is allowed.

(a) It is a Class 1 misdemeanor for a person to carry a concealed weapon into any of the following:

(1) An assembly where a fee has been charged for admission thereto if notice is given that carrying a concealed weapon 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.

(2) Any establishment in which alcoholic beverages are sold and consumed if notice is given that carrying a concealed 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.

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

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

(2) 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.

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

(4) 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.

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

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

(7) 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.

(8) Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney; 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) Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

(10) 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.

(11) Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate; 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.

(12) Any person who is serving as a clerk of court or as a register of deeds; 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. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds.

(13) 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.

(14) 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.

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

(b) This section shall 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) 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.

(5) 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.

(6) 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.

(7) 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.

"§ 14‑415.38. Weapons in courthouses.

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

(5) 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.

(6) Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney; provided that the person shall not carry a concealed weapon at any time while in a courtroom. 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) Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

(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 serving as a clerk of court or as a register of deeds. 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.

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

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

(12) 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.

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

(14) 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 successfully completed a one‑time weapons retention training substantially similar to that provided to certified law enforcement officers in North Carolina, and (iii) secures the weapon in a locked compartment when the weapon is not on the magistrate's person.

(15) A person 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.

"§ 14‑415.39. Weapons prohibited at parades and funeral services when property owner posts that no concealed carry is allowed.

(a) It is unlawful for any person participating in, affiliated with, or present as a spectator at any parade or funeral procession to carry a concealed weapon 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 weapon on the premises in accordance with G.S. 14‑415.11(c).

(b) It is presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act.

(1) A person authorized by State or federal law to carry dangerous weapons in the performance of their duties.

(2) Any person who obtains a permit to carry a dangerous weapon at a parade or funeral procession from the sheriff or police chief, whichever is appropriate, of the locality where the parade or funeral procession is to take place.

(3) 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.

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

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

(6) 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.

(7) Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney; 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 a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

(9) 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.

(10) Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate; 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.

(11) Any person who is serving as a clerk of court or as a register of deeds; 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. This subdivision does not apply to assistants, deputies, or other employees of the clerk of court or register of deeds.

(12) 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.

(13) 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.

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

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

(a) It is unlawful to carry a concealed weapon 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.

(4) 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.

(b) This section shall 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) 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.

(5) Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney; 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.

(6) Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

(7) 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.

(8) Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate; 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.

(9) Any person who is serving as a clerk of court or as a register of deeds; 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.

(10) 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.

(11) 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.

SECTION 4. 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. 14‑415.35(b), 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,~~ weapon, 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.

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SECTION 5. G.S. 14‑269.2 reads as rewritten:

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

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

(1) A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.

~~(1a)~~ ~~A person exempted by the provisions of G.S. 14‑269(b).~~

(1b) 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.

(1c) Civil and law enforcement officers of the United States.

(1d) Officers and soldiers of the militia and the National Guard when called into actual service.

(1e) 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.

(1f) Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

(1g) 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.

(1h) 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.

(1i) 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.

(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.

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(i) The provisions of this section shall not apply to an employee of an institution of higher education as defined in G.S. 116‑143.1 or a nonpublic post‑secondary educational institution who resides on the campus of the institution at which the person is employed when all of the following criteria are met:

(1) The employee's residence is a detached, single‑family dwelling in which only the employee and the employee's immediate family reside.

(2) The institution is either:

a. An institution of higher education as defined by G.S. 116‑143.1.

b. A nonpublic post‑secondary educational institution that has not specifically prohibited the possession of a handgun pursuant to this subsection.

(3) The weapon is a handgun.

(4) ~~The handgun is possessed in one of the following manners as appropriate:~~

a. ~~If the employee 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, the handgun may be~~ The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the institution at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.

b. If the employee is not authorized to carry a concealed handgun pursuant to Article 54B of this Chapter, the handgun may be on the premises of the employee's residence, and may only be in the employee's vehicle when the vehicle is occupied by the employee and the employee is immediately leaving the campus or is driving directly to their residence from off campus. The employee may possess the handgun on the employee's person outside the premises of the employee's residence when making a direct transfer of the handgun from the residence to the employee's vehicle when the employee is immediately leaving the campus or from the employee's vehicle to the residence when the employee is arriving at the residence from off campus.

(j) The provisions of this section shall not apply to an employee of a public or nonpublic school who resides on the campus of the school at which the person is employed when all of the following criteria are met:

(1) The employee's residence is a detached, single‑family dwelling in which only the employee and the employee's immediate family reside.

(2) The school is either:

a. A public school which provides residential housing for enrolled students.

b. A nonpublic school which provides residential housing for enrolled students and has not specifically prohibited the possession of a handgun pursuant to this subsection.

(3) The weapon is a handgun.

(4) ~~The handgun is possessed in one of the following manners as appropriate:~~

a. ~~If the employee 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, the handgun may be~~The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the school at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.

(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,~~ 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 6. G.S. 14‑288.8 reads as rewritten:

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

(a) Except as otherwise provided in this section, it is unlawful for any person to manufacture, assemble, possess, store, transport, sell, offer to sell, purchase, offer to purchase, deliver or give to another, or acquire any weapon of mass death and destruction.

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

(1) Persons ~~exempted from the provisions of G.S. 14‑269~~ listed in this subdivision with respect to any activities lawfully engaged in while carrying out their ~~duties.~~duties:

a. 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.

b. Civil and law enforcement officers of the United States.

c. Officers and soldiers of the militia and the National Guard when called into actual service.

d. 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.

e. Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney; 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.

f. Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

g. 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.

h. Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate; 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.

i. Any person who is serving as a clerk of court or as a register of deeds; 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.

j. 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.

k. 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.

(2) Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.

(3) Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.

(4) Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina.

(5) Persons who lawfully possess or own a weapon as defined in subsection (c) of this section in compliance with 26 U.S.C. Chapter 53, §§ 5801‑5871. Nothing in this subdivision shall limit the discretion of the sheriff in executing the paperwork required by the United States Bureau of Alcohol, Tobacco and Firearms for such person to obtain the weapon.

�."

SECTION 7. G.S. 14‑401.24 reads as rewritten:

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

�

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

�."

SECTION 8. 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,~~ 14‑415.35, 14‑415.36, 14‑415.38, 14‑415.39, 14‑415.11, 14‑415.23, 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 9. 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,~~ 14‑415.36, 14‑415.37, 14‑415.38, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, ~~14‑277.2,~~ 14‑269.39, 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), or a substantially similar out‑of‑state or federal offense.

�."

PART III. AMENDMENTS TO CONCEALED HANDGUN PERMIT

SECTION 10. Article 54B 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 weapon in this State without obtaining a concealed handgun permit, 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. Therefore, 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 11. 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.~~14‑415.36.

(2) Areas prohibited by ~~G.S. 14‑269.4,~~ G.S. 14‑269.38, except as allowed under ~~G.S. 14‑269.4(6).~~G.S. 14‑415.38(16).

(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. 113‑44.9.

(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),~~ G.S. 14‑415.38(15), 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 12. G.S. 14‑415.12 reads as rewritten:

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

�

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

�

(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,~~ 14‑415.36, 14‑415.37, 14‑415.38, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, ~~14‑277.2,~~ 14‑415.39, 14‑277.3A, 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), 14‑415.26(d), or former G.S. 14‑277.3.

�."

SECTION 13. G.S. 14‑415.22 is repealed.

SECTION 14. G.S. 15A‑1343 reads as rewritten:

"§ 15A‑1343. Conditions of probation.

�

(b) Regular Conditions. � As regular conditions of probation, a defendant must:

�

(5) Possess no firearm, explosive device or other deadly weapon ~~listed in G.S. 14‑269~~ without the written permission of the court.

�

(14) Submit to warrantless searches by a law enforcement officer of the probationer's person and of the probationer's vehicle, upon a reasonable suspicion that the probationer is engaged in criminal activity or is in possession of a firearm, explosive device, or other deadly weapon ~~listed in G.S. 14‑269~~ without written permission of the court.

�."

SECTION 15. 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. 14‑415.35.

�."

SECTION 16. 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. 14‑415.35.

�."

SECTION 17. 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,~~ 14‑415.35, and 14‑277.

�."

PART IV. GUN OWNER PRIVACY ACT

SECTION 18.(a) Chapter 90 of the General Statutes is amended by adding a new Article to read:

"Article 1I.

"Preserving Firearms Privacy for Patients.

"§ 90‑21.75. Findings and intent.

(a) Findings. � The General Assembly makes all of the following findings:

(1) That individuals have a right under the United States Constitution and the North Carolina Constitution to keep and bear arms, which arms include firearms and their ammunition.

(2) That an individual's decision to exercise this right is a private matter.

(3) That lawfully possessed, stored, and used firearms and ammunition are not a threat to the public health.

(4) That health care providers do not have any special expertise in the safe storage or use of firearms and ammunition merely by virtue of their status as health care providers. To the extent that health care providers have general advice to impart concerning firearms and ammunition, they may do so without knowing whether any particular patient actually possesses or uses these items.

(5) That health care providers do not need to know whether a patient lawfully possesses or uses firearms and ammunition unless the patient (i) specifically exhibits symptoms of illness or injury that the health care provider could reasonably attribute to the possession or use of firearms and ammunition or (ii) has expressed a desire to harm self or others.

(6) That a patient should not be compelled to participate in a health care provider's gathering of statistical or demographic information about the use, storage, and possession of firearms and ammunition for research or other purposes not directly related to the patient's own health.

(b) Intent. � It is the intent of the General Assembly to ensure that (i) every patient may obtain health care free from discrimination based on knowledge of, or unwarranted inquiry into, constitutionally protected conduct involving firearms and ammunition and (ii) health care providers may still obtain information about patient activities with respect to firearms and ammunition when directly relevant to the patient's own health care.

"§ 90‑21.76. Definitions.

The following definitions apply in this section:

(1) Health care provider. � Without limitation, any person who, pursuant to the provisions of Chapter 90 of the General Statutes, is licensed or is otherwise registered or certified to engage in the practice of or otherwise performs duties associated with any of the following: medicine, surgery, dentistry, pharmacy, optometry, midwifery, osteopathy, podiatry, chiropractic, radiology, nursing, physiotherapy, pathology, anesthesiology, anesthesia, laboratory analysis, rendering assistance to a physician, dental hygiene, psychiatry, psychology; or a hospital.

(2) Patient. � Means a person under the care of or who seeks professional services from a health care provider.

"§ 90‑21.77. Prohibited questionnaires about firearms and ammunition; exception.

A health care provider is prohibited from asking a patient or the patient's parent, guardian, or custodian to complete a questionnaire or other written form about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving, firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness.

"§ 90‑21.78. Prohibited disclosure of verbal inquiries about firearms and ammunition; exception.

Confidentiality of Verbal Inquiries About Firearms and Ammunition. � A health care provider is prohibited from disclosing to any government official or agency the response of a patient, or the patient's parent, guardian, or custodian, to verbal inquiries about the patient's lawful ownership, possession, handling, storage, maintenance of, or other conduct involving, firearms and ammunition, unless the patient has been adjudicated incompetent due to mental illness.

"§ 90‑21.79. Fines.

The health care provider's licensing board may impose a fine on any health care provider that violates any provision of this Article. The fine shall not exceed two hundred fifty dollars ($250.00) for nonwillful violations and shall not exceed five hundred dollars ($500.00) for willful violations. Each intentional and willful violation of this Article constitutes a separate violation and is subject to a separate fine.

"§ 90‑21.80. Disciplinary action.

Violation of this Article is a ground for disciplinary action against the health care provider by the health care provider's licensing board or other regulatory authority."

SECTION 18.(b) This section becomes effective December 1, 2015, and applies to violations occurring on or after that date.

PART V. SEVERABILITY CLAUSE

SECTION 19. If any section or provision of this act is declared unconstitutional or invalid by the courts, it does not affect the validity of this act as a whole or any part other than the part so declared to be unconstitutional or invalid.

PART VI. EFFECTIVE DATE

SECTION 20. Unless provided otherwise, this act becomes effective December 1, 2015, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.