The NC General Assembly has finally posted the latest version of HB111, Restaurant and Park Carry. Let’s look at the changes.
February 16, 2011
A BILL TO BE ENTITLED
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 14‑269.3(b) is amended by adding a new subdivision to read:
“(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). If a restaurant has not posted a notice prohibiting firearms on the premises, the restaurant server may ask any patron ordering alcohol if the patron is carrying a firearm.“
SECTION 2. G.S. 14‑415.11 is amended by adding a new subsection to read:
“(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.“
SECTION 3. 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 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, their appurtenant premises, and parks. buildings and their appurtenant premises.“
SECTION 4. This act becomes effective December 1, 2011.
First, a little primer on how to read a bill.
1. Anything in plain text is currently written in law and is being retained.
2. Anything that is crossed out exists already in law and is being deleted.
3. Anything that is underlined is adding to existing law.
So, let’s look at section 3. Currently local government may enact an ordinance to ban concealed handguns in buildings, “appurtenant premises,” and parks. This bill changes it to read “buildings and appurtenant premises.” So localities may still ban concealed handguns in any buildings that they own, and on the property around those buildings, but not parks, or other city owned property that doesn’t have city owned buildings on it.
There is also an addition to section 1 that says the server may ask any patron ordering alcohol if that patron is carrying a firearm. That’s true now. Your server may ask you pretty much anything. Note that there is nothing in the law that says your server must ask you, or that you have any duty whatsoever to respond to your server’s query. My suspicion is that no server will bother asking a question that they aren’t required to answer.
Section 2 is a big win for this bill. Originally there was nothing in this bill about carrying in State Parks. This bill will require all the “No Firearms” signs in all the State Parks to come down. That’s a big, big win, and an unexpected plus to an already vitally important bill.