Category Archives: NC Politics

Title: Repeal 1935 Durham Co. Firearm Act

Primary Sponsors: Mike Woodard

Second Edition Text:  

A BILL TO BE ENTITLED

AN ACT to repeal a 1935 Durham county Local act concerning firearm registration.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 157, Public‑Local Laws of 1935, is repealed.

SECTION 2.  This act is effective when it becomes law.

My take: This repeals the law that permits Durham to force residents to register firearms. This bill was originally filed as a “blank bill” and was suddenly changed yesterday to repeal the registry. It passed the Senate today and is off to the House. I expect swift passage as Republicans are unlikely to support retaining the firearm registry in Durham.

My recommendation: SUPPORT

To see all the proposed gun related bills in the NC General Assembly for the 2013-2014 session, Click HERE

One of the strange things about North Carolina (and there are many) is that Durham County has a firearm registry. It’s banned everywhere else in the state, but the legislature authorized Durham to register firearms. I don’t know if anyone actually registers, but legally  you’re supposed to. Kind of like legally you’re suppose to come to a complete stop at the stop sign, but frequently you don’t. Now a Democrat NC Senator has manged to pass a bill through the House that repeals that registry, ending the only firearm registry in North Carolina.

A bill put forward by Sen. Mike Woodard, D-Durham, would do away with a 1930s era requirement that Durham County residents register their firearms at the county courthouse.

When I saw this, I was pretty confused. I’ve been keeping track of firearm bills and I’ve never seen this one. There’s a good reason for that. It was originally filed as a blank bill and changed just recently.

It’s short and sweet

A BILL TO BE ENTITLED

AN ACT to repeal a 1935 Durham county Local act concerning firearm registration.

The General Assembly of North Carolina enacts:

SECTION 1.  Chapter 157, Public‑Local Laws of 1935, is repealed.

SECTION 2.  This act is effective when it becomes law.

Bang, that’s it.

Well it passed the Senate today, so it’s off to the House. And that should be the end of the Durham firearm registry that pretty much everyone ignores anyway.

Thanks Senator Woodard!

It looks like Quail Ridge Books and Music is hosting an anti-gun “Town Meeting.”

Our Town Meetings are always active affairs. Join us for our session on “Gun Violence in America: What Can or Should Be Done in Media, Politics and Mental Health” on Tuesday, May 28, at 7:30 p.m. In the aftermath of Sandy Hook there has been a great deal of speculation as to what is contributing to the upswing in mass shootings and violence in the public arena. Three areas have been targeted specifically: the lack of affordable mental health care, violence in the media, and gun legislation. Our panel includes: WRAL anchor and reporter David Crabtree,  psychiatrist, humanist and philanthropist Dr. Assad Meymandi, Congressman David Price, representing North Carolina’s 4th District. As always, we thank our co-moderators, Clay Stalnaker and Mamie Potter.

I say “anti-gun” because it looks like there isn’t anyone who will be making the pro-liberty argument. We’ve got a radically anti-gun legislator, a reporter who doesn’t seem to like guns, and a psychiatrist whose views on guns are anyone’s guess.

Who stands for liberty? Will it just be three people telling us how awful the consequences of guns are to society while ignoring the far worse consequences of citizen disarmament? Is that what the event planner for Quail Ridge Books and Music intended? A parade of horribles targeting gun owners?

I’ll be standing for liberty, and I hope that you will stand with me.

• Quail Ridge Books and Music
• 3522 Wade Ave
• Raleigh, NC 27607-4048
• 05/28/2013 7:30 pm

H937, which includes Restaurant Carry, and a limited form of University carry, passed the Third Reading in the NC House today.

As expected, the state House on Tuesday passed a bill that would allow people with permits to carry concealed weapons to bring their firearms into bars, restaurants that serve alcohol, college campuses and parks.

The Dems attempt to hang amendments all over this bill rejected, and boy are they mad.

Republicans used a legislative maneuver to table proposed amendments 12 times (once for a Republican amendment). Before Tuesday’s session, Democratic lawmakers called a news conference to complain about the tactic limiting the debate.

Wahhhh!

I watched the second half of the debate today, via live streaming on WRAL. The best part was at the end, the Dems were asking to “call the question” and actually vote so they could get it over with. They knew they were never going to stop it, so they just wanted it to be over.

And if I can find video of the news conference of the Dems whining about how the evil Republicans stifled their debate, I’ll post it. It ought to be worth a few laughs in a “Hippy Tears Are Sweet” sort of way.

House Bill 937, which includes Restaurant Carry, a limited form of College/University Carry, and some other changes has passed the NC House. We will have to wait for the Third Reading.

In North Carolina, it’s the Second Reading that’s the actual recorded vote for or against a bill. The Third Reading is generally a formality and is a voice vote.

During the “debate” the stalwart anti-gun contingent tried to amend the bill to include such stupid crap as “Universal” background checks, magazine limits, and other amendments that stripped out parts of the bill that anti-gunners didn’t like. Every single one was tabled, most before they were even read.

Final vote for H937 was 76-38.

Title: Amend Various Firearms Laws

Primary Sponsors: Schaffer, Burr, Faircloth, Cleveland

Second Edition Text:  

A BILL TO BE ENTITLED

AN ACT to increase penalties for certain crimes in which a firearm is used, displayed, or there is a threat to use or display a firearm; to make it a criminal offense for anyone to permit a child to have access to or possess a firearm without supervision and  parental consent; to provide that a person who has a valid concealed handgun permit may do all of the following: have a concealed handgun in a locked vehicle in a state government parking lot, have a concealed handgun in a LOCKED Compartment IN A vehicle ON the PREMISES of a community college, or public or private college or university, and carry a handgun into an assembly where an admission fee is charged or an establishment where alcoholic beverages are sold and consumed, unless the person in legal possession or control of the premises has posted a notice prohibiting the carrying of handguns on the premises; to provide that an employee of an institution of higher education who lives in a certain type of campus residence may carry a handgun on the employee’s residential premises and in some instances also keep the gun in the employee’s locked vehicle in the parking area of the institution of higher education; to clarify the law on local government authority to prohibit concealed carry of firearms; and to establish uniform state requirements FOR REPORTING INFORMATION CONCERNING MENTAL HEALTH AND SUBSTANCE ABUSE judicial determinations or findings to the national instant criminal BACKGROUND CHECK SYSTEM and to make these requirements MORE CONSISTENT WITH FEDERAL firearms LAW.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑269 is amended by adding a new subsection to read:

“(a2)     This prohibition does not apply to a person who has a 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, provided the weapon is a handgun, is in a closed compartment or container within the person’s locked vehicle, and the vehicle is in a parking area that is owned or leased by State government. A person may unlock the vehicle to enter or exit the vehicle, provided the handgun remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.”

SECTION 2.  G.S. 14‑269.2 is amended by adding the following new subsections to read:

“(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 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 for the purposes of immediately leaving the 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 for the purpose of immediately leaving the 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 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.

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 for the purposes of immediately leaving the 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 for the purpose of immediately leaving the campus.

(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, when all of the following criteria are met:

(1)        The weapon is a handgun.

(2)        The handgun is in a closed compartment or container within the person’s locked vehicle.

(3)        The vehicle is on the educational property of 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.”

SECTION 3. 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;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; andevent.

(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. 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).”

SECTION 4. G.S. 14‑316 reads as rewritten:

“§ 14‑316.  Permitting young children to use dangerous firearms.

(a)        It shall be unlawful for any parent, guardian, or person standing in loco parentis,person to knowingly permit his a child under the age of 12 years to have the access to, or possession, custody or use in any manner whatever, of, any gun, pistol or other dangerous firearm, whether such weapon be loaded or unloaded, except when such unless the person has the permission of the child’s parent or guardian, and the child is under the supervision of the parent, guardian or person standing in loco parentis. It shall be unlawful for any other person to knowingly furnish such child any weapon enumerated herein.an adult. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor.

(b)        Air rifles, air pistols, and BB guns shall not be deemed “dangerous firearms” within the meaning of subsection (a) of this section except in the following counties:  Anson, Caldwell, Caswell, Chowan, Cleveland, Cumberland, Durham, Forsyth, Gaston, Harnett, Haywood, Mecklenburg, Stanly, Stokes, Surry, Union, Vance.”

SECTION 5.  G.S. 15A‑1340.16A reads as rewritten:

“§ 15A‑1340.16A.  Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E felony and the defendant used, displayed, or threatened to use or display a firearm or deadly weapon during the commission of the felony.

(a),       (b) Repealed by Session Laws 2003‑378, s. 2, effective August 1, 2003.

(c)        If a person is convicted of a Class A, B1, B2, C, D, or E felony and it is found as provided in this section that: (i) the person committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and (ii) the person actually possessed the firearm or deadly weapon about his or her person, then the person shall have the minimum term of imprisonment to which the person is sentenced for that felony increased by 60 months. The maximum term of imprisonment shall be the maximum term that corresponds to the minimum term after it is increased by 60 months, as specified in G.S. 15A‑1340.17(e) and (e1). as follows:

(1)        If the felony is a Class A, B1, B2, C, D, or E felony, the minimum term of imprisonment to which the person is sentenced for that felony shall be increased by 72 months. The maximum term of imprisonment shall be the maximum term that corresponds to the minimum term after it is increased by 72 months, as specified in G.S. 15A‑1340.17(e) and (e1).

(2)        If the felony is a Class F or G felony, the minimum term of imprisonment to which the person is sentenced for that felony shall be increased by 36 months. The maximum term of imprisonment shall be the maximum term that corresponds to the minimum term after it is increased by 36 months, as specified in G.S. 15A‑1340.17(d).

(3)        If the felony is a Class H or I felony, the minimum term of imprisonment to which the person is sentenced for that felony shall be increased by 12 months. The maximum term of imprisonment shall be the maximum term that corresponds to the minimum term after it is increased by 12 months, as specified in G.S. 15A‑1340.17(d).

(d)        An indictment or information for the Class A, B1, B2, C, D, or E felony shall allege in that indictment or information the facts set out in subsection (c) of this section. The pleading is sufficient if it alleges that the defendant committed the felony by using, displaying, or threatening the use or display of a firearm or deadly weapon and the defendant actually possessed the firearm or deadly weapon about the defendant’s person. One pleading is sufficient for all Class A, B1, B2, C, D, or E felonies that are tried at a single trial.

(e)        The State shall prove the issues set out in subsection (c) of this section beyond a reasonable doubt during the same trial in which the defendant is tried for the felony unless the defendant pleads guilty or no contest to the issues. If the defendant pleads guilty or no contest to the felony but pleads not guilty to the issues set out in subsection (c) of this section, then a jury shall be impaneled to determine the issues.

(f)         Subsection (c) of this section does not apply if the evidence of the use, display, or threatened use or display of the firearm or deadly weapon is needed to prove an element of the felony or if the person is not sentenced to an active term of imprisonment.”

SECTION 6.  G.S. 14‑415.23 reads as rewritten:

“§ 14‑415.23.  Statewide uniformity.

(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), on local government buildings and their appurtenant premises.

(b)        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.

(c)        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.

(1)        An athletic field, including any appurtenant facilities such as restrooms, during an organized athletic event if the field had been scheduled for use with the municipality or county office responsible for operation of the park or recreational area.

(2)        A swimming pool, including any appurtenant facilities used for dressing, storage of personal items, or other uses relating to the swimming pool.

(3)        A facility used for athletic events, including, but not limited to, a gymnasium.

(d)        For the purposes of this section, the term “recreational facilities” does not include any greenway, designated biking or walking path, an area that is customarily used as a walkway or bike path although not specifically designated for such use, open areas or fields where athletic events may occur unless the area qualifies as an “athletic field” pursuant to subdivision (1) of subsection (c) of this section, and any other area that is not specifically described in subsection (c) of this section.”

SECTION 7.  G.S. 122C‑54(d1) reads as rewritten:

“(d1)    After a judicial determination that an individual shall be involuntarily committed for either inpatient or outpatient mental health treatment pursuant to Article 5 of this Chapter, the clerk of superior court in the county where the judicial determination was made shall, as soon as practicable, cause a report of the commitment to be transmitted to the National Instant Criminal Background Check System (NICS). Reporting of an individual involuntarily committed to outpatient mental health treatment under this subsection shall only be reported if the individual is found to be a danger to self or others. The clerk shall also cause to be transmitted to NICS a record where an individual is found not guilty by reason of insanity or found mentally incompetent to proceed to criminal trial. The clerk, upon receipt of documentation that an affected individual has received a relief from disabilities pursuant to G.S. 122C‑54.1 or any applicable federal law, shall cause the individual’s record in NICS to be updated. Excluding Saturdays, Sundays, and holidays, not later than 48 hours after receiving notice of any of the following judicial determinations or findings, the clerk of superior court in the county where the determination or finding was made shall cause a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS):

(1)        A determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and a danger to self or others.

(2)        A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual’s treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in a danger to self or others.

(3)        A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and a danger to self or others.

(4)        A finding that an individual is not guilty by reason of insanity.

(5)        A finding that an individual is mentally incompetent to proceed to criminal trial.

(6)        A finding that an individual lacks the capacity to manage the individual’s own affairs due to marked subnormal intelligence or mental illness, incompetency, condition, or disease.

(7)        A determination to grant a petition to an individual for the removal of disabilities pursuant to G.S. 122C‑54.1 or any applicable federal law.

The 48‑hour period for transmitting a record of a judicial determination or finding to the NICS under this subsection begins upon receipt by the clerk of a copy of the judicial determination or finding.”

SECTION 8.  The last two sentences of G.S. 122C‑54(d1) are recodified as G.S. 122C‑54(d2) and read as rewritten:

“(d2)    The record of involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment required by subsection (d1) of this section shall be accessible only by an entity having proper access to NICS and shall remain otherwise confidential as provided by this Article. The clerk shall effect the transmissions to NICS required by the subsection according to protocols which shall be established by the Administrative Office of the Courts.The Administrative Office of the Courts shall adopt rules to require clerks of court to transmit information to the NICS as required by subsection (d1) of this section in a uniform manner.”

SECTION 9.  G.S. 122C‑54.1 reads as rewritten:

“§ 122C‑54.1.  Restoration process to remove mental commitment bar.

(a)        Any individual over the age of 18 may petition for the removal of the mental commitment bar to purchase, possess, or transfer a firearm when the individual no longer suffers from the condition that resulted in the individual’s involuntary commitment for either inpatient or outpatient mental health treatment pursuant to Article 5 of this Chapter and no longer poses a danger to self or others for purposes of the purchase, possession, or transfer of firearms pursuant to 18 U.S.C. § 922, G.S. 14‑404, and G.S. 14‑415.12.disabilities pursuant to 18 U.S.C. § 922(d)(4) and (g)(4), G.S. 14‑404, G.S. 14‑415.3, and G.S. 14‑415.12 arising out of a determination or finding required to be transmitted to the National Instant Criminal Background Check System by subdivisions (1) through (6) of subsection (d1) of G.S. 122C‑54. The individual may file the petition with a district court judge upon the expiration of any current inpatient or outpatient commitment. No individual who has been found not guilty by reason of insanity may petition a court for restoration under this section.

(b)        The petition must be filed in the district court of the county where the respondent was the subject of the most recent judicial determination or findingthat either inpatient or outpatient treatment was appropriate or in the district court of the county of the petitioner’s residence. An individual disqualified from firearms possession due to a comparable out‑of‑State mental commitment shall make application in the county of residence. The clerk of court upon receipt of the petition shall schedule a hearing using the regularly scheduled commitment court time and provide notice of the hearing to the petitioner and the district attorney. attorney who represented the State in the underlying case, or that attorney’s successor. Copies of the petition must be served on the director of the relevant inpatient and or outpatient treatment facility, in‑State or out‑of‑State,facility and the district attorney in the petitioner’s current county of residence.

(c)        The burden is on the petitioner to establish by a preponderance of the evidence that the petitioner no longer suffers from the condition that resulted in commitment and no longer poses a danger to self or others for purposes of the purchase, possession, or transfer of firearms pursuant to 18 U.S.C. § 922, G.S. 14‑404, and G.S. 14‑415.12.will not be likely to act in a manner dangerous to public safety and that the granting of the relief would not be contrary to the public interest. The district attorney shall present any and all relevant information to the contrary. For these purposes, the district attorney may access and use any and all mental health records, juvenile records, and criminal history of the petitioner wherever maintained. The applicant must sign a release for the district attorney to receive any mental health records of the applicant. This hearing shall be closed to the public, unless the court finds that the public interest would be better served by conducting the hearing in public. If the court determines the hearing should be open to the public, upon motion by the petitioner, the court may allow for the in camera inspection of any mental health records. The court may allow the use of the record but shall restrict it from public disclosure, unless it finds that the public interest would be better served by making the record public. The district court shall enter an order that the petitioner does or does not continue to suffer from the condition that resulted in commitment and does or does not continue to pose a danger to self or others for purposes of the purchase, possession, or transfer of firearms pursuant to 18 U.S.C. § 922, G.S. 14‑404, and G.S. 14‑415.12.is or is not likely to act in a manner dangerous to public safety and that the granting of the relief would or would not be contrary to the public interest. The court shall include in its order the specific findings of fact on which it bases its decision. In making its determination, the court shall consider the circumstances regarding the firearm disabilities from which relief is sought, the petitioner’s mental health and criminal history records, the petitioner’s reputation, developed at a minimum through character witness statements, testimony, or other character evidence, and any changes in the petitioner’s condition or circumstances since the original determination or finding relevant to the relief sought. The decision of the district court may be appealed to the superior court for a hearing de novo. After a denial by the superior court, the applicant must wait a minimum of one year before reapplying. Attorneys designated by the Attorney General shall be available to represent the State, or assist in the representation of the State, in a restoration proceeding when requested to do so by a district attorney and approved by the Attorney General. An attorney so designated shall have all the powers of the district attorney under this section.

(d)        Upon a judicial determination to grant a petition under this section, the clerk of superior court in the county where the petition was granted shall forward the order to the National Instant Criminal Background Check System (NICS) for updating of the respondent’s record.”

SECTION 10.  G.S. 14‑404(g) reads as rewritten:

“(g)       An applicant shall not be ineligible to receive a permit under subdivision (c)(4) of this section because of an adjudication of mental incompetence or involuntary commitment to mental health services if the individual’s rights have been restored under G.S. 122C‑54.1.”

SECTION 11.  G.S. 14‑415.3 is amended by adding a new subsection to read:

“(c)       The provisions of this section shall not apply to a person whose rights have been restored pursuant to G.S. 122C‑54.1.”

SECTION 12.  G.S. 14‑415.12(c) reads as rewritten:

“(c)       An applicant shall not be ineligible to receive a concealed carry permit under subdivision (6) of subsection (b) of this section because of an adjudication of mental incapacity or illness or an involuntary commitment to mental health services if the individual’s rights have been restored under G.S. 122C‑54.1.”

SECTION 13.  Sections 1 through 6 of this act become effective October 1, 2013, and apply to offenses committed on or after that date.  The remainder of this act becomes effective October 1, 2013. 

My take: Mixed bill,

Section 1. Seems to make it legal for people to carry a concealed handgun in their car with a CHP on State property. Not sure really.

Section 2. Lets people who have a CHP, who are employed by and live on campus to have a firearm as long as it’s either in the car or in the residence.

Section 3. Restaurant Carry

Section 4. Bars people from allowing 12 year olds and under unsupervised access to a firearm. It also demands the consent of the child’s parent, so no teaching your son’s friend how to shoot without mom or dad saying it’s ok. I STRONGLY oppose so-called “Child Access Prevention” laws. They force parents to buy unneeded safes or gun lockers, raising the cost of ownership.

Section 5. Changes the mandatory minimum sentencing for crimes that involve a firearm.

Section 6. Modifies Park Carry to make clear that greenways,  walking paths, etc are not legal to post “no guns allowed.”

Sections 7 & 8. NICS improvement. Clerks of the Court have only 48 hours to send info to NICS.

Section 9, 10, 11, & 12. Changes to the process to remove mental health bars to firearm ownership.

My recommendation: SUPPORT

To see all the proposed gun related bills in the NC General Assembly for the 2013-2014 session, Click HERE

Oh, those dastardly Republicans! They’re up to their racist voter suppression again!

People convicted of felonies who have paid their debts to society in North Carolina would no longer automatically get back the right to vote under the Senate’s version of the voter ID bill.

The bill would require people convicted of felony crimes to wait five years upon the completion of their sentence, probation or parole before they could attempt to re-register to vote. First, though, they would have to get affidavits from two registered voters attesting to their “upstanding moral character” and get the unanimous approval of their local board of elections.

Oh, how could they do this. Don’t they know it’s RACIST!

Critics say the bill is racially biased and is among a series of legislative initiatives designed to suppress the black vote following the re-election of President Barack Obama last year. Of the more than 40,000 people in North Carolina’s prisons in 2011 – 93 percent of whom were men – 57 percent were black, even though African Americans make up only 22 percent of the state’s population.

“This is essentially voter suppression for African American males who have been most disproportionately impacted by and entangled in the criminal justice system,” said Dennis Gaddy, director of the Community Success Initiative, a Raleigh-based nonprofit that advocates on behalf of ex-offenders at the General Assembly. “Taking away the vote from the formerly incarcerated has never been designed as a punitive measure, but as a way to suppress the vote.”

Look, I’ll make all you votes for felons people a deal. Let’s tie voting rights to gun rights. If they get to vote, they get to buy a gun.

What? Don’t like my compromise? Are you some sort of racist? Are you trying to keep black people from having guns?

Bill Name: Gun Safety Act

Primary Sponsors: Luebke, Harrison, Insko, Adams

Edition 1 Text

A BILL TO BE ENTITLED

AN ACT to repeal the “stand your ground laws” and codify the common law regarding the use of force against an intruder; to repeal the law allowing reciprocity for concealed handgun permits; to strengthen the law regarding safe storage of firearms by requiring a person who possesses a firearm and lives with either a minor or another person who can not legally own a firearm to safely store the firearm in a storage depository or use a safety lock for the firearm when not in possession or immediate control of the firearm; to require the reporting of lost and stolen guns; to require the sheriff to report the denial, revocation, or failure to renew a concealed handgun permit or the denial of a pistol permit to the national instant criminal background check system; to require universal background checks for the private transfer of firearms in north carolina; to provide that a fee may be charged by the SBI for criminal background checks and to establish a fund to help pay the costs of conducting background checks; to require any person who owns a firearm to carry firearm liability insurance; to limit the size of ammunition magazines; and to direct the state treasurer to divest the pension fund of gun stocks.

The General Assembly of North Carolina enacts:

SECTION 1.  The following statutes are repealed: G.S. 14‑51.2, 14‑51.3, 14‑51.4, 14‑315.1, and 14‑415.24.

SECTION 2.  Article 14 of Chapter 14 of the General Statutes is amended by adding a new section to read:

“§ 14‑51.5.  Use of deadly physical force against an intruder.

(a)        A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder’s unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b)        A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c)        This section is not intended to repeal, expand, or limit any other defense that may exist under the common law.”

SECTION 3.  Article 39 of Chapter 14 of the General Statutes is amended by adding a new section to read:

“§ 14‑315.3.  Safe storage of firearms.

(a)        The following definitions apply in this section:

(1)        Minor. – A person under 18 years of age who is not emancipated.

(2)        Unauthorized person. – A person who is not authorized to purchase a firearm under G.S. 14‑409.64(b) and (c).

(b)        Any person who resides on the same premises as a minor or as an unauthorized person, and who owns or possesses a firearm, and who stores or leaves the firearm out of the person’s immediate possession or control without having first securely locked the firearm in an appropriate safe storage depository or rendered it incapable of being fired by the use of a safety locking device appropriate to the firearm is guilty of a Class 1 misdemeanor.

(c)        Nothing in this section shall prohibit a person from carrying a firearm on his or her body or placed in such close proximity that it can be used as easily and quickly as if carried on the body.”

SECTION 4.  G.S. 14‑315.2 reads as rewritten:

“§ 14‑315.2.  Warning upon sale or transfer of firearm to protect minor.minor and others.

(a)        Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14‑315.1 G.S. 14‑315.3 to the purchaser or transferee.

(b)        Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase:“IT IS UNLAWFUL TO STORE OR LEAVE A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.“IT IS UNLAWFUL FOR A PERSON WHO RESIDES WITH A MINOR OR OTHER PERSON NOT AUTHORIZED TO BUY A FIREARM TO LEAVE A FIREARM OUT OF A PERSON’S IMMEDIATE POSSESSION OR CONTROL WITHOUT FIRST HAVING SECURELY LOCKED THE FIREARM IN A STORAGE DEPOSITORY OR RENDERED IT INCAPABLE OF BEING FIRED.”

(c)        A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor.”

SECTION 5.  Article 53A of Chapter 14 of the General Statutes is amended by adding a new section to read:

“§ 14‑409.13.  Report of loss or theft of firearm.

(a)        Any owner of a firearm as defined in G.S. 14‑409.60 shall report the loss or theft of the firearm within 48 hours after the discovery of the loss or theft to either (i) the local law enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred or (ii) the State Bureau of Investigation.

(b)        A violation of this section is a Class 3 misdemeanor; however, a second or subsequent violation of this section is a Class I felony.”

SECTION 6.  G.S. 14‑404(a) is amended by adding a new subdivision to read:

“(1a)     Verified, before the issuance of a permit, that the person has firearm liability insurance pursuant to G.S. 14‑409.80.”

SECTION 7.  G.S. 14‑404 is amended by adding a new subsection to read:

“(b1)    If the sheriff denies a person’s application for a permit under this Article and the grounds for the denial is a prohibition under the national instant criminal background check system (NICS), the sheriff shall notify NICS of the denial of the permit and shall also provide the relevant information regarding the person’s application. If the sheriff denies a permit under this Article and the person appeals the denial, the sheriff shall not report the denial unless the court determines that the denial of the permit is reasonable.”

SECTION 8.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:

“§ 14‑415.18A.  Sheriff to report denial, revocation, or refusal to renew permit to NICS.

If the sheriff denies, revokes, or refuses to renew a person’s application for a permit under this Article and the grounds for the denial is a prohibition under the national instant criminal background check system (NICS), the sheriff shall notify NICS of the denial, revocation, or refusal to renew the permit and shall also provide the relevant information regarding the person’s application. If the sheriff denies, revokes, or refuses to renew a permit under this Article and the person appeals the denial, revocation, or nonrenewal of the permit, the sheriff shall not report the denial, revocation, or nonrenewal unless the court determines that the denial, revocation, or failure to renew the permit is reasonable.”

SECTION 9.  Chapter 14 of the General Statutes is amended by adding a new article to read:

“Article 53D.

“Transfer of Firearms.

“Part 1.  Private Transfers of Firearms.

“§ 14‑409.60.  Private firearms transfers; background check required; penalty; definition.

(a)        The following definitions apply in this Article:

(1)        “Firearms” means a pistol, revolver, or other weapon of any description, loaded or unloaded, from which any shot, bullet, or other missile can be discharged, the length of the barrel of which, not including any revolving, detachable, or magazine breech does not exceed 12 inches. The term does not include firearms for which ammunition is not sold or for which there is reasonable grounds for believing they are not capable of being effectually used.

(2)        NICS. – The national instant criminal background check system created by Public Law 103‑159, known as the federal “Brady Handgun Violence Prevention Act,” the relevant portion of which is codified at 18 U.S.C. § 922(t).

(3)        SBI. – State Bureau of Investigation.

(4)        Transfer. – The sale or delivery of any firearm in this State by a transferor to a transferee. The term includes redemption of a pawned firearm by any person who is not licensed as a federal firearms licensee by the federal Bureau of Alcohol, Tobacco, and Firearms or any of its successor agencies. The term does not include the return or replacement of a firearm that had been delivered to a federal firearms licensee for the sole purpose of repair or customizing.

(5)        Transferee. – A person who desires to receive or acquire a firearm from a transferor. If a transferee is not a natural person, then each natural person who is authorized by the transferee to possess the firearm after the transfer shall undergo a background check as required by this Part before taking possession of the firearm.

“§ 14‑409.61.  Background check required for firearms transfers.

(a)        This Article applies to all private transfers of firearms. It is unlawful for any person who is not a federally licensed firearms dealer to transfer a firearm except as provided by this Part.

(b)        Requirements for Private Transfer of Firearms. – No transferor shall transfer or attempt to transfer a firearm to a transferee before the transferor has done all of the following:

(1)        Require that a background check, in accordance with G.S. 14‑409.64, be conducted of the prospective transferee.

(2)        Obtain approval of a transfer from the SBI after a background check has been requested by a licensed gun dealer, in accordance with G.S. 14‑409.64.

(c)        Background Check by Licensed Gun Dealer. – A prospective firearm transferor who is not a licensed gun dealer shall arrange for a licensed gun dealer to obtain the background check required by this section. A licensed gun dealer who obtains a background check on a prospective transferee shall record the transfer, as provided in G.S. 14‑409.75, and retain the records, as provided in G.S. 14‑409.76, in the same manner as when conducting a sale, rental, or exchange at retail. The licensed gun dealer shall comply with all State and federal laws, including 18 U.S.C. § 922, as if the gun dealer were transferring the firearm from the gun dealer’s inventory to the prospective transferee. A licensed gun dealer who obtains a background check for a prospective firearm transferor pursuant to this section shall provide to the firearm transferor and transferee a copy of the results of the background check, including the SBI’s approval or disapproval of the transfer.

(d)        Dealer Fee. – Alicensed gun dealer may charge a fee for services rendered pursuant to this section. The fee shall not exceed ten dollars ($10.00).

(e)        Firearm Possession by Transferee .– A prospective firearm transferee under this section shall not accept possession of the firearm unless the prospective firearm transferor has obtained approval of the transfer from the SBI after a background check has been requested by a licensed gun dealer, as described in subsection (c) of this section. A prospective firearm transferee shall not knowingly provide false information to a prospective firearm transferor or to a licensed gun dealer for the purpose of acquiring a firearm.

(f)         Thirty‑Day Approval Period. – If the SBI approves a transfer of a firearm pursuant to this section, the approval shall be valid for 30 calendar days, during which time the transferor and transferee may complete the transfer.

(g)        Civil Liability. – Aperson who transfers a firearm in violation of the provisions of this section may be jointly and severally liable for any civil damages proximately caused by the transferee’s subsequent use of the firearm.

(h)        Exemptions. – The provisions of this section do not apply to any of the transfers listed in subdivisions (1) through (9) of this subsection; however, nothing in this subsection shall be interpreted to limit or otherwise alter the applicability of G.S. 14‑408.1 concerning the unlawful purchase or transfer of firearms.

(1)        Atransfer of an antique firearm, as defined in 18 U.S.C. § 921(a)(16), as amended, or a curio or relic, as defined in 27 C.F.R. § 478.11, as amended.

(2)        A transfer that is a bona fide gift or loan between immediate family members, that are limited to spouses, parents, children, siblings, grandparents, grandchildren, nieces, nephews, first cousins, aunts, and uncles.

(3)        Atransfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.

(4)        Atransfer that is temporary and occurs while in the home of the unlicensed transferee if:

a.         The unlicensed transferee is not prohibited from possessing firearms; and

b.         The unlicensed transferee reasonably believes that possession of the firearm is necessary to prevent imminent death or serious bodily injury to the unlicensed transferee.

(5)        Atemporary transfer of possession without transfer of ownership or a title to ownership, which transfer takes place:

a.         At a shooting range located in or on premises owned or occupied by a duly incorporated organization organized for conservation purposes or to foster proficiency in firearms;

b.         At a target firearm shooting competition under the auspices of or approved by a State agency or a nonprofit organization; or

c.         While hunting, fishing, target shooting, or trapping if (i) the hunting, fishing, target shooting, or trapping is legal in all places where the unlicensed transferee possesses the firearm and (ii) the unlicensed transferee holds any license or permit that is required for such hunting, fishing, target shooting, or trapping.

(6)        Atransfer of a firearm that is made to facilitate the repair or maintenance of the firearm; however, this subdivision does not apply unless all parties who possess the firearm as a result of the transfer may legally possess a firearm. For purposes of this subdivision, an owner, manager, or employee of a business that repairs or maintains firearms may rely upon a transferor’s statement that the transferor may legally possess a firearm unless the owner, manager, or employee has actual knowledge to the contrary and may return possession of the firearm to the transferor upon completion of the repairs or maintenance without a background check. Unless a transferor of a firearm has actual knowledge to the contrary, the transferor may rely upon the statement of an owner, manager, or employee of a business that repairs or maintains firearms that no owner, manager, or employee of the business is prohibited from possessing a firearm.

(7)        Any temporary transfer that occurs while in the continuous presence of the owner of the firearm.

(8)        A temporary transfer for not more than 72 hours. A person who transfers a firearm pursuant to this subdivisionmay be jointly and severally liable for damages proximately caused by the transferee’s subsequent unlawful use of the firearm.

(9)        Atransfer of a firearm from a person serving in the armed forces of the United States who will be deployed outside of the United States within the next 30 days to any immediate family member, that is limited to a spouse, parent, child, sibling, grandparent, grandchild, niece, nephew, first cousin, aunt, and uncle of the person.

(i)         Penalty and Prohibited Possession of Firearm. – A person who violates a provision of this section commits a Class 1 misdemeanor. In addition to any other penalty imposed for the conviction of the misdemeanor, the person shall be prohibited from possessing a firearm for two years, beginning on the date of the person’s conviction.

(j)         Report Violation. – When a person is convicted of violating a provision of this section, the clerk of court shall report the conviction to the SBI and to the national instant criminal background check system. The report shall include information indicating that the person is prohibited from possessing a firearm for two years, beginning on the date of the person’s conviction.

“§ 14‑409.62.  National instant criminal background check system; reporting.

(a)        Clerk of Court to Report Court Orders Regarding Mental Incapacity and Substance Abuse. – The clerk of the court of every judicial district in the State shall send electronically the following information to the SBI:

(1)        The name of each person who has been adjudicated incompetent and a guardian appointed pursuant to G.S. 35A‑1120.

(2)        The name of each person who has been committed for substance abuse by order of the court to the custody of a facility under G.S. 122C‑181 operated by the Department of Health and Human Services; and

(3)        The name of each person with respect to whom the court has entered an order for involuntary commitment pursuant to Part 7 of Article 5 of Chapter 122C of the General Statutes.

(b)        Report to SBI. – Not more than 48 hours after receiving notification of a person who satisfies the description in subdivision (1), (2), or (3) of subsection (a) of this section, the clerk of court shall report such fact to the SBI.

(c)        Reason for Report. – Any report made by the clerk of court pursuant to this section shall describe the reason for the report and indicate that the report is made in accordance with 18 U.S.C. § 922(g)(4).

(d)        Cancel Record in Certain Circumstances. – The clerk of court shall take all necessary steps to cancel a record made by the clerk in NICS if the person to whom the record pertains makes a written request to the clerk and no less than three years before the date of the written request any of the following occurred:

(1)        The court entered an order pursuant to G.S. 35A‑1130 terminating a guardianship on a finding that the person is no longer an incapacitated person, if the record in NICS is based on a finding of incapacity.

(2)        The period of commitment of the most recent order of commitment or recommitment expired, or a court entered an order terminating the person’s incapacity or discharging the person from commitment in the nature of habeas corpus, if the record in NICS is based on an order of commitment to the custody of the unit in the Department of Health and Human Services that administers behavioral health programs and services, including those related to mental health and substance abuse; except that the clerk of court shall not cancel any record pertaining to a person with respect to whom two recommitment orders have been entered under Part 8 of Article 5 of Chapter 122C of the General Statutes or discharged on the grounds that further treatment will not be likely to bring about significant improvement in the person’s condition; or

(3)        The record in the case was sealed or the court entered an order discharging the person from commitment in the nature of habeas corpus, if the record in the national instant criminal background check system is based on a court order for involuntary commitment.

(e)        Correction of Record. – Pursuant to section 102(c) of the federal “NICS Improvement Amendments Act of 2007” (Pub. L. 110‑180), a court, upon becoming aware that the basis upon which a record reported by the clerk of court pursuant to subsection (a) of this section does not apply or no longer applies, shall (i) update, correct, modify, or remove the record from any database that the federal or State government maintains and makes available to the national instant criminal background check system, consistent with the rules pertaining to the database and (ii) notify the Attorney General that such basis does not apply or no longer applies.

“§ 14‑409.63.  National instant criminal background check system; judicial process for awarding relief from federal prohibitions; legislative declaration.

(a)        Legislative Declaration. – The purpose of this section is to set forth a judicial process whereby a person may apply or petition for relief from federal firearms prohibitions imposed pursuant to 18 U.S.C. § 922(d)(4), as permitted by the federal “NICS Improvement Amendments Act of 2007″ (Pub. L. 110‑180, Sec. 105).

(b)        Eligibility. – A person to whom the sale or transfer of a firearm or ammunition is prohibited by 18 U.S.C. § 922(d)(4), or who is prohibited from shipping, transporting, possessing, or receiving a firearm or ammunition pursuant to 18 U.S.C. § 922(g)(4) may petition for relief pursuant to this section in any of the following circumstances:

(1)        The person has been adjudicated incompetent and a guardian appointed pursuant to G.S. 35A‑1120.

(2)        The person has been committed by order of the court to the custody of the facility under the Department of Health and Human Services that administers behavioral health programs and services, including those related to mental health and substance abuse.

(3)        The court has entered an order for involuntary commitment pursuant to Part 7 of Article 5 of Chapter 122C of the General Statutes.

(c)        Due Process. – In a court proceeding pursuant to this section, the petitioner shall have an opportunity to submit the petitioner’s own evidence to the court concerning the petition. The court shall review the evidence, and the court shall create and thereafter maintain a record of the proceeding.

(d)        Proper Record. – In determining whether to grant relief to a petitioner pursuant to this section, the court shall receive evidence concerning and shall consider all of the following:

(1)        The circumstances regarding the firearms prohibitions imposed by 18 U.S.C. § 922 (g)(4).

(2)        The petitioner’s record which must include at a minimum the petitioner’s mental health records and criminal history records.

(3)        The petitioner’s reputation which the court shall develop at a minimum through character witness statements, testimony, or other character evidence.

(e)        Proper Findings. – Before granting relief to a petitioner pursuant to this section, the court shall issue findings that (i) the petitioner is not likely to act in a manner that is dangerous to public safety and (ii) granting relief to the petitioner is not contrary to the public interest. If the court denies relief to a petitioner pursuant to this section, the petitioner may petition the Court of Appeals to review the denial, including the record of the denying court. A review of a denial shall be de novo in that the Court of Appeals may, but is not required to, give deference to the decision of the denying court. In reviewing a denial, the Court of Appeals has discretion, but is not required to, receive additional evidence necessary to conduct an adequate review.

“§ 14‑409.64.  National instant criminal background check system; state point of contact; grounds for denial of firearm transfer; appeal; rule making; unlawful acts.

(a)        The SBI may serve as a State point of contact for implementation of 18 U.S.C. § 922(t), all federal regulations and applicable guidelines adopted pursuant thereto, and the NICS system.

(b)        The SBI, acting as the State point of contact for implementation of 18 U.S.C. § 922(t), shall transmit a request for a background check in connection with the prospective transfer of a firearm to the NICS system and may also search other databases. The SBI shall deny a transfer of a firearm to a prospective transferee if the transfer would violate 18 U.S.C. § 922(g) or (n) or result in the violation of any provision of State law, including, but not limited to, G.S. 14‑415.1, involving acts which if committed by an adult would constitute a burglary, arson, or any felony involving the use of force or the use of a deadly weapon.

(c)        In addition to the grounds for denial specified in subsection (b) of this section, the SBI shall deny a transfer of a firearm if at any time the SBI transmits the request or searches other databases, information indicates that the prospective transferee:

(1)        Has been arrested for or charged with a crime for which the prospective transferee, if convicted, would be prohibited under State or federal law from purchasing, receiving, or possessing a firearm and either there has been no final disposition of the case or the final disposition is not noted in the other databases.

(2)        Is the subject of an indictment, an information, or a felony complaint alleging that the prospective transferee has committed a crime punishable by imprisonment for a term exceeding one year as defined in 18 U.S.C. §. 921(a)(20), as amended, and either there has been no final disposition of the case or the final disposition is not noted in the other databases.

(3)        Has failed to obtain firearm liability insurance as provided in Part 3 of this Article.

(d)        The SBI may cooperate with federal, State, and local law enforcement agencies to perform or assist any other law enforcement agency in performing any firearm retrievals and to assist in the prosecution of any rescinded transfers.

(e)        Upon denial of a firearm transfer, the SBI shall notify the transferor and send notice of the denial to NICS, pursuant to 18 U.S.C. § 922(t). In addition, the SBI shall immediately send notification of the denial and the basis for the denial to the federal, State, and local law enforcement agencies having jurisdiction over the area in which the transferee resides and in which the transferor conducts any business.

Upon denial of a firearm transfer, the transferor shall provide the transferee with written information prepared by the SBI concerning the procedure by which the transferee, within 30 days after the denial, may request a review of the denial and of the instant criminal background check records that prompted the denial. Within 30 days of receiving such a request, the SBI shall (i) perform a thorough review of the instant criminal background check records that prompted the denial and (ii) render a final administrative decision regarding the denial within 30 days after receiving information from the transferee that alleges the transfer was improperly denied.

In the case of any transfer denied pursuant to subsection (c) of this section, the inability of the SBI to obtain the final disposition of a case that is no longer pending shall not constitute the basis for the continued denial of the transfer.

(f)         If the SBI reverses a denial, the SBI shall immediately request that the agency that provided the records prompting the denial make a permanent change to such records if necessary to reflect accurate information. In addition, the SBI shall provide immediate notification of such reversal to all agencies and entities that had been previously notified of a denial pursuant to subsection (e) of this section.

(g)        If in the course of conducting any background check pursuant to this section, whether the firearms transaction is approved or denied, the SBI obtains information that indicates the prospective transferee is the subject of an outstanding warrant, the SBI shall immediately provide notification of such warrant to the federal, State, and local law enforcement agencies having jurisdiction over the area in which the transferee resides and in which the transferor conducts any business.

(h)        The Attorney General shall adopt rules as necessary to (i) carry out the duties of the SBI as the State point of contact as those duties are set forth in federal law and assist in implementing 18 U.S.C. § 922(t), all federal regulations and applicable guidelines adopted pursuant thereto, and the NICS system and (ii) ensure the proper maintenance, confidentiality, and security of all records and data provided pursuant to this section.

The rules adopted pursuant to this subsection shall include all of the following:

(1)        Procedures whereby a prospective transferee whose transfer is denied may request a review of the denial and of the instant criminal background check records that prompted the denial.

(2)        Procedures regarding retention of records obtained or created for purposes of this section or for implementation of 18 U.S.C. § 922(t), except that the SBI shall not retain a record for more than 48 hours after the day on which the SBI approves the transfer.

(3)        Procedures and forms adopted by the SBI that request information from and establish proper identification of a prospective transferee and that may correspond with any firearms transaction record required by 18 U.S.C. § 922(t). Such procedures and forms shall not preclude any person from making a lawful firearm transfer under this section.

(4)        Procedures for carrying out the duties under this section, including at a minimum all of the following:

a.         That the SBI shall be open for business at least 12 hours per day every calendar day, except Christmas day and Thanksgiving day, in order to transmit the requests for a background check to the NICS system and search other databases.

b.         That the SBI shall provide a toll‑free telephone number, for any person calling from within the State, that is operational every day that the office is open for business for the purpose of responding to requests from transferors in accordance with this section.

c.         That the SBI shall employ and train personnel at levels that ensure prompt processing of the reasonably anticipated volume of inquiries received under this section.

(i)         Offenses.. – All of the following are unlawful:

(1)        For any person in connection with the acquisition or attempted acquisition of a firearm from any transferor to willfully make any false or fictitious oral or written statement or to furnish or exhibit any false, fictitious, or misrepresented identification that is intended or likely to deceive such transferor with respect to any fact material to the lawfulness of the sale or other disposition of such firearm under federal or State law.

(2)        For any transferor knowingly to request criminal history record information or a background check under false pretenses or knowingly to disseminate criminal history record information to any person other than the subject of such information.

(3)        For any agent or employee or former agent or employee of the SBI knowingly to violate the provisions of this section.

(j)         Penalties. – Any person who violates the provisions of subsection (j) of this section  commits a Class 1 misdemeanor.

(k)        Any transferor who complies with the provisions of this section is not subject to any civil or criminal liability or regulatory sanction that may arise from the lawful transfer or lawful denial of the transfer of a firearm.

“§ 14‑409.65.  SBI fee for conducting NCIS background check; establish instant criminal background check fund.

(a)        For purposes of this section the term “fund” means the instant criminal background check cash fund established by this section.

(b)        There is established the instant criminal background check cash fund.

(c)        The SBI shall impose a fee for performing an instant criminal background check pursuant to this section. The amount of the fee shall not exceed the total amount of direct and indirect costs incurred by the SBI in performing the background check.

(d)        The SBI shall transmit all moneys collected pursuant to this section to the State Treasurer, who shall credit the same to the fund. The moneys in the fund shall be subject to annual appropriation by the General Assembly for the direct costs associated with performing background checks pursuant to this section. The State Treasurer may invest any moneys in the fund not expended for the purpose of this section as provided by law. The State Treasurer shall credit any interest and income derived from the deposit and investment of moneys in the fund to the fund.

(e)        Any unexpended and unencumbered moneys remaining in the fund at the end of a fiscal year shall remain in the fund and shall not be credited to any other fund. To the extent practicable, the SBI shall use any such remaining funds to reduce the amount of the fee established pursuant to subsection (c) of this section.

(f)         The SBI may contract with a public or private entity for services related to the collection of the fee established pursuant to subsection (c) of this section.

(g)        On January 15 of each calendar year, the SBI shall report to the House of Representatives and Senate Justice and Public Safety appropriations subcommittees regarding the following:

(1)        The number of full‑time employees used by the SBI in the preceding year for the purpose of performing background checks pursuant to this section.

(2)        The calculations used by the SBI to determine the amount of the fee imposed pursuant to subsection (c) of this section.

“Part 2.  Gun Dealers.

“§ 14‑409.75.  Retail dealers; record; inspection.

Every individual, firm, or corporation engaged within this State in the retail sale, rental, or exchange of firearms, pistols, or revolvers shall keep a record of each pistol or revolver sold, rented, or exchanged at retail. The record shall be made at the time of the transaction in a book kept for that purpose and shall include the name of the person to whom the firearm is sold or rented or with whom exchanged; his age, occupation, residence, and if residing in a city, the street and number therein where the person resides; the make, caliber, and finish of firearm, together with its number and serial letter, if any; the date of the sale, rental, or exchange of the firearm; and the name of the employee or other person making the sale, rental, or exchange. The record book shall be open at all times to the inspection of any duly authorized police officer.

“§ 14‑409.76.  Failure to keep records; penalty.

Every individual, firm, or corporation who fails to keep the record provided for in G.S. 14‑409.75 or who refuses to exhibit such record when requested by a police officer and any purchaser, lessee, or exchanger of a pistol or revolver who in connection with the making of such record gives false information is guilty of a Class 3 misdemeanor.

“Part 3  Firearm Liability Insurance Required.

“§ 14‑409.80.  Liability insurance required for gun owners.

(a)        Any person in this State who owns a firearm shall, prior to the ownership, obtain and continuously maintain a policy of liability insurance in an amount not less than one hundred thousand dollars ($100,000) specifically covering any damages resulting from any negligent or willful acts involving the use of the firearm while it is owned by the person. No firearm shall be transferred in this State unless the transferee at the time of the transfer provides proof that the transferee has complied with the provisions of this Part.

(b)        For purposes of this Part, a person is deemed to own a firearm if the firearm is lost or stolen until the loss or theft is reported pursuant to G.S. 14‑409.13.

(c)        Any person who owns a firearm on December 1, 2013, shall obtain the insurance required by this Part by January 15, 2014.

(d)        This section does not apply to any law enforcement officer authorized to carry a firearm.

(e)        The Department of Insurance shall adopt rules to implement this Part.

“Part 4  Large‑Capacity Ammunition Magazines.

“§ 14‑409.90.  Definition.

For purposes of this Part, the term “large capacity magazine” includes all of the following: (i) a fixed or detachable magazine box, drum feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition; (ii) a fixed or detachable magazine that is capable of accepting more than eight shotgun shells; and (iii) a detachable magazine, tube, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine. The term does not include any of the following: (i) a feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition; (ii) an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition; or (iii) a tubular magazine that is contained in a lever‑action firearm.

“§ 14‑409.91.  Large‑capacity magazines prohibited; penalties; exceptions.

(a)        It is unlawful for a person to sell, transfer, or possess a large‑capacity magazine. A  violation of this subsection is a Class 2 misdemeanor; provided however, that a second or subsequent violation of this subsection is a Class 1 misdemeanor.

(b)        Any person who violates subsection (a) of this section commits a Class I felony under this section if the person possessed a large‑capacity magazine during the commission of a felony.

(c)        A person may possess a large‑capacity magazine if the person:

(1)        Owns the large‑capacity magazine on December 1, 2013; and

(2)        Maintains continuous possession of the large‑capacity magazine.

(d)        If a person who is alleged to have violated subsection (a) of this section asserts that the person is permitted to legally possess a large‑capacity magazine pursuant to subsection (c) of this section, the prosecution has the burden of proof to refute the assertion.

(e)        The offense described in subsection (a) of this section shall not apply to any of the following:

(1)        An entity, or any employee thereof engaged in the employee’s employment duties, that manufactures large‑capacity magazines within North Carolina exclusively for transfer, or any federally licensed gun dealer, or any employee thereof engaged in his or her official employment duties, that sells large‑capacity magazines exclusively to any of the following:

a.         A branch of the armed forces of the United States.

b.         A department, agency, or political subdivision of the State of North Carolina, any other state, or of the United States government.

c.         A firearms retailer for the purpose of firearms sales conducted outside the State.

d.         A foreign national government that has been approved for such transfers by the United States government.

e.         An out‑of‑state transferee who may legally possess a large‑capacity magazine.

(2)        An employee of any of the following agencies who bears a firearm in the course of the employee’s official duties:

a.         A branch of the armed forces of the United States.

b.         A department, agency, or political subdivision of the State of North Carolina, any other state, or of the United States government.

(3)        A person who possesses the magazine for the sole  purpose of transporting the magazine to an out‑of‑state entity on behalf of a manufacturer of large‑capacity magazines within  North Carolina.

“§ 14‑409.92  Identification markings for large‑capacity magazines; rules.

(a)        A large‑capacity magazine that is manufactured in North Carolina on or after December 1, 2013, must include a permanent stamp or marking indicating that the large‑capacity magazine was manufactured or assembled after that date. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large‑capacity magazine.

(b)        The SBI may adopt rules to implement the provisions of this section, including rules requiring a large‑capacity magazine that is manufactured in this State on or after December 1, 2013, to bear identifying information in addition to the identifying information described in subsection (a) of this section.

(c)        A person who manufactures a large‑capacity magazine in North Carolina in violation of subsection (a) of this section commits a Class 2 misdemeanor.”

SECTION 10.  Chapter 147 of the General Statutes is amended by adding a new Article to read:

“Article 9.

“Firearms Manufacturer Divestment Act.

“§ 147‑95.  Definitions.

As used in this Article, the following definitions apply:

(1)        “Company” means any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly‑owned subsidiaries, majority‑owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit‑making purposes.

(2)        “Direct holdings” means all securities of a company that is a firearms manufacturer held directly by the Public Fund or in an account or fund in which the Public Fund owns all shares or interests.

(3)        “Firearm” as defined in G.S. 14‑309.39(2), as well as weapons of mass death and destruction described in G.S. 14‑288.8(c).

(4)        “Firearms manufacturer” means a company that develops, designs, creates, fabricates, assembles, or reassembles firearms or ammunition.

(5)        “Indirect holdings” means all securities of a company that is a firearms manufacturer held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the Public Fund, in which the Public Fund owns shares or interests together with other investors not subject to the provisions of this Article.

(6)        “Public Fund” means any funds held by the State Treasurer to the credit of:

a.         The Teachers’ and State Employees’ Retirement System.

b.         The Consolidated Judicial Retirement System.

c.         The Firemen’s and Rescue Workers’ Pension Fund.

d.         The Local Governmental Employees’ Retirement System.

e.         The Legislative Retirement System.

f.          The Legislative Retirement Fund.

g.         The North Carolina National Guard Pension Fund.

“§ 147‑96.  Identification of firearms manufacturers.

(a)        Within 90 days of September 1, 2013, the Public Fund shall make its best efforts to identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or could possibly have such holdings in the future. Such efforts shall include, as appropriate:

(1)        Reviewing and relying, as appropriate in the Public Fund’s judgment, on publicly available information regarding firearm manufacturers, including information provided by nonprofit organizations, research firms, international organizations, and government entities.

(2)        Contacting asset managers contracted by the Public Fund that invest in firearms manufacturers.

(3)        Contacting other institutional investors that have divested from firearms manufacturers.

(b)        By the first meeting of the Public Fund following the 90‑day period described in subsection (a) of this section, the Public Fund shall assemble a list of all firearm manufacturers in which the Public Fund holds direct or indirect investments.

“§ 147‑97.  Required actions.

(a)        Subject to all applicable laws related to prudent investment, the State Treasurer shall promptly divest all direct and indirect holdings in firearms manufacturers held by the Public Fund.

(b)        At no time shall the Public Fund acquire direct or indirect holdings in firearms manufacturers.”

SECTION 11.  This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.

My Take: In any decent society, this Orwellian named monstrosity would be grounds for impeachment, tarring and feathering, and running the sponsors out of town on a rail. It surprises me that in this day and age we still have people who feel they can be openly hostile to our rights as citizens.

Section 1. Repeals all of the recently passed Improved Castle Bill. It also repeals universal reciprocity of handgun permits. It repeals the current “child access prevention” law.

Section 2. This returns us to the bad old days when you had to prove you reasonably feared that the person breaking into your home intended to kill you before you could use deadly force to repel him. This is actually worse than the original pre-Castle law.

Section 3. This bans leaving a firearm where a person under 18 can access it. This leaves responsible teens without any means to defend themselves. This means that this 14 year old would have been unable to defend himself and his sister.

Section 4. This rewrites the mandatory signage at gun stores to reflect the new law against letting minors access firearms for self defense.

Section 5. Requires victims of a lost or stolen firearm to report it within 48 hours or get charged with a crime.

Section 6. Requires that anyone seeking a Pistol Purchase Permit have liability insurance.

Section 7. Requires the Sheriff to report any info to NICS if the Sheriff discovers anything when checking you out for your Pistol Purchase Permit

Section 8. Same as 7, except for Concealed Handgun Permits

Section 9. Requires a background check before transfer of a firearm. This has all of the bad parts of Chuck Shumer’s excrable private sale ban. It also makes the transferer explicitly liable for anything illegal that the receiver does with the firearm. This section requires gun owners to have 100,000 in liability coverage that covers both accidents and “willful acts.” And if your gun is stolen, your insurance has to cover it until you report it stolen. So if your gun gets stolen, and the thief uses it to kill someone before you get home that day to notice, you’re on the hook for damages. This section also bans magazines that hold more than 15 rounds. What a bunch of wimps. At least they could have shown the sort of stupid courage the rest of the bill shows and gone for 10 or less. Magazines sold in NC have to have a date of manufacture on them

Section 10. Bans investment in firearm manufacturers by any of 7 named retirement/pension funds operated by the State.

My recommendation: OPPOSE

To see all the proposed gun related bills in the NC General Assembly for the 2013-2014 session, Click HERE

Bill Name: Gold Star Officer Program/School Volunteer

Primary Sponsors: Arp, Horn, Faircloth, Johnson

Edition 1 Text

A BILL TO BE ENTITLED

AN ACT to authorize the sheriff and the chief of police to establish a volunteer school safety resource officer program, to coordinate the placement of volunteer school safety resource officers on educational property as requested by the local board of education, and to provide that volunteer school safety resource officers may carry handguns on educational property while on official duty.

The General Assembly of North Carolina enacts:

SECTION 1.  This act shall be known as the Gold Star Officer Program Act.

SECTION 2.  G.S. 14‑269.2(a) is amended by adding a new subdivision to read:

“(3a)     Volunteer school safety resource officer. – A person who volunteers as a school safety resource officer as provided by G.S. 162‑25 or G.S. 160A‑288.4.”

SECTION 3.  G.S. 14‑269.2(g) is amended by adding a new subdivision to read:

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

…

(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. 162‑25 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.”

SECTION 4.  G.S. 115C‑47 is amended by adding a new subdivision to read:

“§ 115C‑47.  Powers and duties generally.

In addition to the powers and duties designated in G.S. 115C‑36, local boards of education shall have the power or duty:

…

(61)      To Provide a Safe School Environment. – Local boards of education may enter into an agreement with the sheriff, chief of police of a local police department, or chief of police of a county police department to provide security at the schools by assigning volunteer school safety resource officers who meet the selection standards and criteria developed by the head of the appropriate local law enforcement agency and the criteria set out in G.S. 162‑25 or G.S. 160A‑288.4 as appropriate.”

SECTION 5.  G.S. 160A‑282(c) reads as rewritten:

“(c)       The board of commissioners of any county may provide that persons who are deputized by the sheriff of the county as special deputy sheriffs or persons who are serving as volunteer law‑enforcement officers at the request of the sheriff and under his authority, while undergoing official training and while performing duties on behalf of the county pursuant to orders or instructions of the sheriff, shall be entitled to benefits under the North Carolina Workers’ Compensation Act and to any fringe benefits for which such persons qualify.

This subsection shall not apply to volunteer school safety resource officers as described in G.S. 162‑25.”

SECTION 6.  Chapter 162 of the General Statutes is amended by adding a new section to read:

“§ 162‑25.  Sheriff may establish volunteer school safety resource officer program.

(a)        The sheriff may establish a volunteer school safety resource officer program to provide nonsalaried special deputies to serve as school safety resource officers in public schools. To be a volunteer in the program, a person must have prior experience as either (i) a sworn law enforcement officer or (ii) as a military police officer with a minimum of two years’ service. If a person with experience as a military police officer is no longer in the armed services, the person must also have an honorable discharge. A program volunteer must also meet the selection standards and any additional criteria established by the sheriff.

(b)        Each volunteer shall report to the sheriff and shall work under the direction and supervision of the sheriff or the sheriff’s designee when carrying out the volunteer’s duties as a school safety resource officer. No volunteer may be assigned to a school as a school safety resource officer until the volunteer has updated or renewed the volunteer’s law enforcement training and has been certified by the North Carolina Sheriff’s Education and Training Standards Commission as meeting the educational and firearms proficiency standards required of persons serving as special deputy sheriffs. A volunteer is not required to meet the physical standards required by the North Carolina Sheriff’s Education and Training Standards Commission but must have a standard medical exam to ensure the volunteer is in good health. A person selected by the sheriff to serve as a volunteer under this section shall have the power of arrest while performing official duties as a volunteer school safety resource officer.

(c)        The sheriff may enter into an agreement with the local board of education to provide volunteer school safety resource officers who meet both the criteria established by this section and the selection and training requirements set by the sheriff of the county for the schools. The sheriff shall be responsible for the assignment of any volunteer school safety resource officer assigned to a public school and for the supervision of the officer.

(d)        There shall be no liability on the part of, and no cause of action shall arise against, a volunteer school safety resource officer, the Sheriff or employees of the sheriff supervising a volunteer school safety officer, or the public school system or its employees for any good faith action taken by them in the performance of their duties with regard to the volunteer school safety resource officer program established pursuant to this section.”

SECTION 7.  Article 13 of Chapter 160A of the General Statutes is amended by adding a new section to read:

“§ 160A‑288.4.  Police chief may establish volunteer school safety resource officer program.

(a)        The chief of police of a local police department or of a county police department may establish a volunteer school safety resource officer program to provide nonsalaried special law enforcement officers to serve as school safety resource officers in public schools. To be a volunteer in the program, a person must have prior experience as either (i) a sworn law enforcement officer or (ii) as a military police officer with a minimum of two years’ service. If a person with experience as a military police officer is no longer in the armed services, the person must also have an honorable discharge. A program volunteer must also meet the selection standards and any additional criteria established by the chief of police.

(b)        Each volunteer shall report to the chief of police and shall work under the direction and supervision of the chief of police or the chief’s designee when carrying out the volunteer’s duties as a school safety resource officer. No volunteer may be assigned to a school as a school safety resource officer until the volunteer has updated or renewed the volunteer’s law enforcement training and has been certified by the North Carolina Criminal Justice Education and Training Standards Commission as meeting the educational and firearms proficiency standards required of persons serving as criminal justice officers. A volunteer is not required to meet the physical standards required by the North Carolina Criminal Justice Education and Training Standards Commission but must have a standard medical exam to ensure the volunteer is in good health. A person selected by the chief of police to serve as a volunteer under this section shall have the power of arrest while performing official duties as a volunteer school safety resource officer.

(c)        The chief of police may enter into an agreement with the local board of education to provide volunteer school safety resource officers who meet both the criteria established by this section and the selection and training requirements set by the chief of police of the municipality or county in which the schools are located. The chief of police shall be responsible for the assignment of any volunteer school safety resource officer assigned to a public school and for the supervision of the officer.

(d)        There shall be no liability on the part of, and no cause of action shall arise against, a volunteer school safety resource officer, the chief of police or employees of the local law enforcement agency supervising a volunteer school safety officer, or the public school system or its employees for any good faith action taken by them in the performance of their duties with regard to the volunteer school safety resource officer program established pursuant to this section.”

SECTION 8.  This act becomes effective December 1, 2013.

My Take: Basically all this does is allow the Sheriff of each county to recruit former police officers or military police officers to act as volunteer armed school guards. It doesn’t appear to allow regular citizens with no previous police service to volunteer.

My recommendation: MEH

To see all the proposed gun related bills in the NC General Assembly for the 2013-2014 session, Click HERE