GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   D

HOUSE DRH10240-LH-103A  (02/28)

 

 

 

Short Title:        Enabling Patriots Act.		(Public)
Sponsors:	Representative Pittman.
Referred to:

 

A BILL TO BE ENTITLED

AN ACT to enhance the ability of lawful citizens of north Carolina to protect themselves, children, and others from criminals and violent sociopaths and to expand areas in which lawful concealed handgun permit holders may carry or keep firearms for protection of themselves and others.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑269.2 reads as rewritten:

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

(a)        The following definitions apply to this section:

(1)        Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school. school, excluding any property which is not used primarily for educational purposes.

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

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

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

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

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

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

(1)        A BB gun, stun gun, air rifle, or air pistol.

(2)        Persons not participating in curricular or extracurricular events held at places other than educational property.

(3)        Persons authorized under this section to carry firearms on educational property.

(4)        Firearms left out of sight in a locked vehicle in the parking area, or ordinary pocket knives as defined in G.S. 14‑269(d) left out of sight in a locked vehicle in the parking area or carried in a pocket on the person of the person carrying the pocket knife, provided that the pocket knife is not taken out of the pocket on educational property, except in self‑defense or to be used in any way as a tool and not as a weapon.

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

(c)        It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

(c1)      It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1 on educational property. This subsection shall not apply to fireworks.

(d)        It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.property, except that an ordinary pocket knife as defined in G.S. 14‑269(d) may be carried, provided that the pocket knife is not displayed, except in a case of self‑defense or to be used as a tool and not as a weapon.

(e)        It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.property, except that an ordinary pocket knife as defined in G.S. 14‑269(d) may be carried, provided that the pocket knife is not displayed, except in a case of self‑defense or to be used as a tool and not as a weapon.

(f)         Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:

(1)        The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and

(1a)      The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; andemployed.

(2)        Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

(3)        The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.

(4)        Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

(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).

(2)        Firefighters, emergency service personnel, and North Carolina Forest Service personnel, 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 person who possesses or carries a handgun if the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(h)        No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:

(1)        The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.

(2)        The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities."

SECTION 2.  G.S. 14‑269.3 reads as rewritten:

"§ 14‑269.3.  Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.

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

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

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

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

(3)        A person participating in the event, if he is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event; and

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

(5)        A person on the premises of an eating establishment as defined in G.S. 18B‑1000(2) or a restaurant as defined in G.S. 18B‑1000(6), provided the person has a valid concealed handgun permit under Article 54B of Chapter 14 of the General Statutes. This subdivision shall not be construed to permit a person to carry a concealed handgun on the premises of an eating establishment or a restaurant where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c)."

SECTION 3.  G.S. 14‑277.2 reads as rewritten:

"§ 14‑277.2.  Weapons at parades, etc., prohibited.

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

(b)        For the purposes of this section the term "dangerous weapon" shall include those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, or 14‑288.8 or any other object capable of inflicting serious bodily injury or death when used as a weapon. This does not prohibit the incidental carrying of an ordinary pocket knife as defined in G.S. 14‑269(d), unless it is taken from concealment and used in a threatening or dangerous manner.

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

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

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

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

(4)        Any person who possesses or carries a handgun if the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24."

SECTION 4.  G.S. 14‑415.23 reads as rewritten:

"§ 14‑415.23.  Statewide uniformity.

It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure ensure 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), on local government buildings and their appurtenant premises. A unit of local government may adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal and county recreational facilities that are specifically identified by the unit of local government. If a unit of local government adopts such an ordinance with regard to recreational facilities, then the concealed handgun permittee may, nevertheless, secure the handgun in a locked vehicle within the trunk, glove box, or other enclosed compartment or area within or on the motor vehicle. For purposes of this section, the term "recreational facilities" includes only the following: a playground, an athletic field, a swimming pool, and an athletic facility. Recreational facilities shall not be construed to include areas of passive recreation such as picnic areas, shelters, restroom facilities, walkways, hiking trails, greenways, and lakes, nor shall this section be interpreted to prohibit firearms in entire parks that contain recreational facilities."

SECTION 5.  This act becomes effective December 1, 2013.