Category Archives: NC Politics

It says I have to issue the permit, not that I have to accept the application!

How does Sheriff Chipp Bailey of Mecklenburg County (Charlotte) do it?

According to documents released by the NC Department of Justice, over the last three months Mecklenburg County has approved just 573 Concealed Handgun Permits. While statewide, concealed handgun permits have increased a staggering 9.36% in just the last three months, Mecklenburg County’s increase of just 573 is only a 2.83% increase!

It’s easy! All he has to do is demand that Meck County residents who want a Concealed Handgun Permit schedule an appointment 30-45 days in advance just to fill out the application!

What effect does that have on Concealed Handgun Permit issue in Meck County?

In similarly sized Wake County, which does not require citizens to schedule an interview, CHPs have increased by 2,626 permits (10.74%). By comparison, Mecklenburg County’s abysmal 573 (2.83%) is nothing short of outrageous. Mecklenburg County is bigger, yet Wake County issued more than 4-1/2 times as many new CHPs in the same time period!

Mecklenburg County is bigger than Wake County, yet Wake County issues more CHPs by a large margin. Since the laws are the same in both Wake and Mecklenburg Counties, the only other reason for such a wide discrepancy between the two is the Meck Sheriff’s appointment requirement.

Grass Roots North Carolina is asking NC gun owners to email Sheriff Bailey. Check out the link for a suggested email.

House Bill 937, Restaurant Carry +P+ passes the NC Senate!

Restaurant Carry, here we come! H937 has passed the NC Senate by a vote of 31-16. The next stop for H937 is back to the House for concurrence. That’s a single vote in the House for them to say “Yes, we accept your amendments to our bill.” Then it just needs the Governor’s signature to make it law.

You can read the text of the bill, plus my analysis of it at the H937 page.

We need to have a Statewide Night Out on October 1st, the day it goes into effect. I’m thinking dinner and a movie. For those who live in the Raleigh/Durham/Chapel Hill area, Luke at Triangle Tactical Podcast and I will be setting something up. We should make it a really big party.

H937 – Amend Various Firearms Laws

The new version of this bill is HERE.

UPDATE: Luke of Triangle Tactical Podcast invited me on his show June 11th to explain this bill. Give it a listen

UPDATE 2: H937 passed the Second Reading in the Senate. There was objection, so the Third and final reading will be delayed. After that reading, it’ll be off to the House for concurrence.

UPDATE 3: After failing concurrence, the conference report was issued today and passed both the House and Senate. Off to the Governor. I will write a new post detailing changes made as soon as they are issued. For those who want to read the bill, here’s the PDF

———————————-

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 educational property, and carry a handgun into an assembly where an admission fee is charged or an establishment where alcoholic beverages are sold and consumed, or at a parade or funeral procession, 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; 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; to provide for the confidentiality of information regarding concealed handgun permits and sale of handguns; to close the loophole on using pistol permits to avoid a background check when purchasing a handgun; to require revocation of a concealed handgun permit upon conviction of a disqualifying offense; to provide that any north carolina district or superior court judge, magistrate, clerk of court, or register of deeds who has a concealed handgun permit that is valid in north carolina is exempt from the general Prohibition against carrying a concealed weapon and from the prohibitions against carrying a weapon on certain premises or in certain circumstances; to allow hunting with a suppressor or other device designed to muffle or minimize the report of a firearm; and to make the definition of qualified retired law enforcement officer consistent with federal 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 and the employee is immediately leaving the campus or is driving directly to their residence from off campus. The employee may possess the handgun on the employee’s person outside the premises of the employee’s residence when making a direct transfer of the handgun from the residence to the employee’s vehicle when the employee is immediately leaving the campus or from the employee’s vehicle to the residence when the employee is arriving at the residence from off campus.

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

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

(2)        The school is either:

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

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

(3)        The weapon is a handgun.

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

a.         If the employee has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, the handgun may be 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 and the employee is immediately leaving the campus or is driving directly to their residence from off campus. The employee may possess the handgun on the employee’s person outside the premises of the employee’s residence when making a direct transfer of the handgun from the residence to the employee’s vehicle when the employee is immediately leaving the campus or from the employee’s vehicle to the residence when the employee is arriving at the residence from off campus.

(k)        The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, who has a handgun in a closed compartment or container within the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle. A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

SECTION 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 the person 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. 14‑415.3, 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. 14‑415.3 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 11.  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 12.  G.S. 14‑415.17 reads as rewritten:

“§ 14‑415.17.  Permit; sheriff to retain and make available to law enforcement agencies a list of permittees.permittees; confidentiality of list and permit application information; availability to law enforcement agencies.

(a)        The permit shall be in a certificate form, as prescribed by the Administrative Office of the Courts, that is approximately the size of a North Carolina drivers license. It shall bear the signature, name, address, date of birth, and the drivers license identification number used in applying for the permit.

(b)        The sheriff shall maintain a listing, including the identifying information, of those persons who are issued a permit. The permit information shall be available upon request to all State and local law enforcement agencies. Within five days of the date a permit is issued, the sheriff shall send a copy of the permit to the State Bureau of Investigation. The State Bureau of Investigation shall make this information available to law enforcement officers and clerks of court on a statewide system.

(c)        Except as provided otherwise by this subsection, the list of permit holders and the information collected by the sheriff to process an application for a permit are confidential and are not a public record under G.S. 132‑1. The sheriff shall make the list of permit holders and the permit information available upon request to all State and local law enforcement agencies. The State Bureau of Investigation shall make the list of permit holders and the information collected by the sheriff to process an application for a permit available to law enforcement officers and clerks of court on a statewide system.

SECTION 13.  G.S. 14‑406 reads as rewritten:

“§ 14‑406.  Dealer to keep record of sales. sales; confidentiality of records.

(a)        Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State.made. The records maintained by a dealer pursuant to this section are confidential and are not a public record under G.S. 132‑1; provided, however, that the dealer shall make the records available upon request to all State and local law enforcement agencies.

(b)        Repealed by Session Laws 2011‑56, s. 3, effective April 28, 2011.”

SECTION 14.  G.S. 14‑269.4 reads as rewritten:

“§ 14‑269.4.  Weapons on certain State property and in courthouses.

It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.

This section shall not apply to any of the following:

(6)        A person with a permit issued in accordance with Article 54B of this Chapter orChapter, with a permit considered valid under G.S. 14‑415.24G.S. 14‑415.24, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25, who has a firearm in a closed compartment or container within the person’s locked vehicle or in a locked container securely affixed to the person’s vehicle. A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.”

SECTION 15.  G.S. 14‑277.2 is amended by adding a new subsection to read:

(d)      The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a permit considered valid under G.S. 14‑415.24, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25. This subsection shall not be construed to permit a person to carry a concealed handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c).

SECTION 16.  G.S. 14‑415.21 reads as rewritten:

“§ 14‑415.21.  Violations of this Article punishable as an infraction.

(a)        A person who has been issued a valid permit who is found to be carrying a concealed handgun without the permit in the person’s possession or who fails to disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as required by G.S. 14‑415.11, shall be guilty of an infraction and shall be punished in accordance with G.S. 14‑3.1. In lieu of paying a fine the person may surrender the permit.

(a1)      A person who has been issued a valid permit who is found to be carrying a concealed handgun in violation of subdivision (c)(8) or subsection (c2) of G.S. 14‑415.11 shall be guilty of a Class 1 misdemeanor.

(b)        A person who violates the provisions of this Article other than as set forth in subsection (a) or (a1) of this section is guilty of a Class 2 misdemeanor.”

SECTION 17.  The following statutes are repealed: G.S. 14‑402, 14‑403, 14‑404, 14‑405, and 14‑407.1.

SECTION 18.  G.S. 14‑315(b1) reads as rewritten:

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

(1)        The person shows that the minor produced an apparently valid permit to receive the weapon, if such a permit would be required under G.S. 14‑402 or G.S. 14‑409.1 for transfer of the weapon to an adult.

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

(3)        The person either:

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

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

SECTION 19.  G.S. 20‑187.2(a) reads as rewritten:

“(a)       Surviving spouses, or in the event such members die unsurvived by a spouse, surviving children of members of North Carolina State, city and county law‑enforcement agencies killed in the line of duty or who are members of such agencies at the time of their deaths, and retiring members of such agencies shall receive upon request and at no cost to them, the badge worn or carried by such deceased or retiring member. The governing body of a law‑enforcement agency may, in its discretion, also award to a retiring member or surviving relatives as provided herein, upon request, the service side arm of such deceased or retiring members, at a price determined by such governing body, upon securing a permit as required by G.S. 14‑402 et seq. or 14‑409.1 et seq., upon determining that the person receiving the weapon is not ineligible to own, possess, or receive a firearm under the provisions of State or federal law, or without such permit provided the weapon shall haveif the weapon has been rendered incapable of being fired. Governing body shall mean for county and local alcohol beverage control officers, the county or local board of alcoholic control; for all other law‑enforcement officers with jurisdiction limited to a municipality or town, the city or town council; for all other law‑enforcement officers with countywide jurisdiction, the board of county commissioners; for all State law‑enforcement officers, the head of the department.”

SECTION 20.  G.S. 14‑415.18 reads as rewritten:

“§ 14‑415.18.  Revocation or suspension of permit.

(a)        The sheriff of the county where the permit was issued or the sheriff of the county where the person resides may revoke a permit subsequent to a hearing for any of the following reasons:

(1)        Fraud or intentional and material misrepresentation in the obtaining of a permit.

(2)        Misuse of a permit, including lending or giving a permit or a duplicate permit to another person, materially altering a permit, or using a permit with the intent to unlawfully cause harm to a person or property. It shall not be considered misuse of a permit to provide a duplicate of the permit to a vender for record‑keeping purposes.

(3)        The doing of an act or existence of a condition which would have been grounds for the denial of the permit by the sheriff.

(4)        The violation of any of the terms of this Article.

(5)        The applicant is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the applicant from initially receiving a permit.

A permittee may appeal the revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the applicant resides. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff’s refusal.

(a1)      The sheriff of the county where the permit was issued or the sheriff of the county where the person resides shall revoke a permit of any permittee who is adjudicated guilty of or receives a prayer for judgment continued for a crime which would have disqualified the permittee from initially receiving a permit. Upon determining that a permit should be revoked pursuant to this subsection, the sheriff shall provide written notice to the permittee, pursuant to the provisions of G.S. 1A‑1, Rule 4(j), that the permit is revoked upon the service of the notice. The notice shall provide the permittee with information on the process to appeal the revocation.

Upon receipt of the written notice of revocation, the permittee shall surrender the permit to the sheriff. Any law enforcement officer serving the notice is authorized to take immediate possession of the permit from the permittee. If the notice is served by means other than by a law enforcement officer, the permittee shall surrender the permit to the sheriff no later than 48 hours after service of the notice.

A permittee may appeal the revocation of a permit pursuant to this subsection by petitioning a district court judge of the district in which the permittee resides. The determination by the court, on appeal, shall be limited to whether the permittee was adjudicated guilty of or received a prayer for judgment continued for a crime which would have disqualified the permittee from initially receiving a permit. Revocation of the permit is not stayed pending appeal.

(b)        The court may suspend a permit as part of and for the duration of any orders permitted under Chapter 50B of the General Statutes.”

SECTION 21.  G.S. 14‑269(b) is amended by adding the following new subdivisions to read:

(4d)    Any person who is a North Carolina district court judge, North Carolina superior court judge, or a North Carolina magistrate and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person’s body. The judge or magistrate shall secure the weapon in a locked compartment when the weapon is not on the person of the judge or magistrate;

(4e)      Any person who is elected and serving as a clerk of court or as a register of deeds and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person’s body. The clerk of court or register of deeds shall secure the weapon in a locked compartment when the weapon is not on the person of the clerk of court or register of deeds;

SECTION 22.  G.S. 14‑415.27 reads as rewritten:

“§ 14‑415.27.  Expanded permit scope for district attorneys, assistant district attorneys, and investigators employed by office of the district attorneycertain persons.

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

(1)        A district attorney.

(2)        An assistant district attorney.

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

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

(5)        A magistrate.

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

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

SECTION 23.  G.S. 113‑291.1(c) reads as rewritten:

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

(1)        Firearm equipped with a silencer or any device designed to silence, muffle, or minimize the report of the firearm. The firearm is considered equipped with the silencer or device whether it is attached to the firearm or separate but reasonably accessible for attachment during the taking of the wildlife.

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

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

SECTION 24.  G.S. 14‑415.10 reads as rewritten:

“§ 14‑415.10.  Definitions.

The following definitions apply to this Article:

(4a)      Qualified retired law enforcement officer. – An individual who meets the definition of “qualified retired law enforcement officer” contained in section 926C of Title 18 of the United States Code.all of the following qualifications:

a.         Retired in good standing from service with a public agency located in the United States as a law enforcement officer, other than for reasons of mental instability.

b.         Prior to retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of, or the incarceration of, any person for any violation of law, and had statutory powers of arrest.

c.         Prior to retirement, was regularly employed as a law enforcement officer for a total of 15 years or more, or retired after completing probationary periods of service due to a service‑connected disability, as determined by the agency.

d.         Has a vested right to benefits under the retirement plan of the agency.

….”

SECTION 25.  G.S. 14‑269(b) reads as rewritten:

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

(4b)      Any person who is a qualified retired law enforcement officer as defined in G.S. 14‑415.10 and meets all any one of the following conditions:

a.         Is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

b.a.      Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter.

b.         Is exempt from obtaining a permit pursuant to G.S. 14‑415.25.

c.         Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26;

….”

SECTION 26.  Sections 1 through 6, 14 through 18, 21, 23, and 25 of this act become effective October 1, 2013, and apply to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions. The remainder of this act becomes effective October 1, 2013.

 

My take: Good bill with tiny flaws,

Section 1. This would allow CHP holders to have a handgun inside their locked vehicles in any parking lot owned or lease by the State. 

Section 2. Educational Property Carry. Allows employees of collegees and universities who reside on campus to have a firearm in their family residence, with some restrictions. Private schools can still prohibit. More importantly, it allows anyone with a CHP to have a handgun in their locked vehicle while on any educational property. That means you can leave your gun in the car while working or taking classes on campus. You could also drive on to school property to pick up your child while carrying.

Section 3. This would allow CHP holders to carry concealed in restaurants that serve alcohol and into assemblies that charge admission unless the owner posts no guns allowed signs. 

Section 4. This amends a section of law that prohibits parents/those standing in as parents from allowing children under 12 from using firearms without supervision. It would broaden it to anyone, and include “access to” firearms. It also requires parents/guardians permission before allowing another person’s child access to a firearm. No more secret rifle school with the neighbor’s kids. Assuming anyone was stupid enough to do that in the first place. I’m generally against all child access prevention laws on the grounds that parents are best suited to decide when and if children should be permitted to have access to firearms for self defense in the home.

Section 5. Raises the penalties for using a firearm in a crime. Now if we can only get the prosecutors to stop dropping these sorts of charges!

Section 6. This fixes the stupid arguments that some localities are getting into about what is and is not a “recreational facility.” This settles it in our favor. No longer will localities get away with calling a greenway a “recreational facility.”

Sections 7 and 8. Say that the Clerk of the Court shall report several different types of legal actions to the NICS system within 48 hours. There is a small issue with this one. It includes “outpatient mental health treatment.” That goes beyond US law and should be dropped. Outpatient care requires a finding that a person is NOT a danger to himself or others. They should not lose their rights.

Sections 9 through 11. These create a process for restoration of rights to those who’ve had them taken away for mental health reasons.

Sections 12 and 13. These close the CHP records, and dealer records of sale. These records are still open for police, just not considered public records.

Section 14. Allows current and retired police officers, who are exempt from CHP requirements by federal law, the same access to parking lots as CHP holders. This is simple fairness.

Section 15. Allows CHP holders to carry concealed at parades, funeral processions, picket lines, or demonstrations so long as the property is not posted “no guns allowed.”

Section 16. Ups the penalty for violating the various CHP restrictions, including carrying past a “no guns” sign and drinking alcohol from a Class 2 to a Class 1 misdemeanor. I think this is a bit silly as a person without a CHP who does either of these things only gets a Class 2 misdemeanor.

Sections 17 through 19. Repeals the Pistol Purchase Permit system. OH YES!!! Time to get rid of that stupid Jim Crow law!

Section 20. Requires sheriffs to revoke a CHP of the holder is found guilty, or issued a Prayer for Judgement if that crime is a disqualifier. This already has to happen. All that’s changed here is that the Sheriff has to do it in writing, and any police officer serving the letter can take the CHP. Otherwise the permittee has to turn it in within 48 hours. 

Sections 21 and 22. Allow a bunch of special court type people to carry in a court building if they have a CHP. I oppose these silly exceptions on principle. If they can carry, I should be allowed to carry. If I can’t, they shouldn’t.

Section 23. Silencer hunting. I would have liked to see the addition of short barrelled rifles, but not this time, I guess. Many people who have suppressors mount them on SBRs. It would be nice if they could use them to hunt with.

Sections 24 and 25. This amends the State law on “qualified retired law enforcement officer” to match Federal law.

EFFECTIVE DATE: This all goes into effect on October 1. This means that you and I can celebrate by carrying concealed while taking our family out for dinner in a nice restaurant and then going to watch a movie.

My recommendation: SUPPORT

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

Listen to me LIVE on Triangle Tactical Podcast tonight at 7PM

Luke, of Triangle Tactical Podcast is having me on tonight at 7PM to talk about the recent developments in H937, Restaurant Carry +P+. Tune in and listen to all the “umms” and “aaaas” as I try to explain how awesome H937 is for all of us.

Triangle Tactical website

Triangle Tactical Facebook page.

I’ll post a link to download the podcast once we’re done.

Restaurant Carry +P+ gets a big win in NC Senate today

UPDATE: Here’s the in depth analysis of the bill.

———————————

I’m sitting her obsessively hitting the refresh button on the House Bill 937 page, hoping that the NCGA will update the bill with all the good stuff that the Senate added to an already good Restaurant Carry bill here in NC. “Amend Various Firearms Laws” sounds so cold, so I’m going to call it “Restaurant Carry +P+.”

Here’s what WRAL has to say.

North Carolinians would no longer have to get a pistol purchase permit from their sheriff before buying a handgun under a omnibus firearms measures that cleared the Senate Judiciary I Committee Tuesday morning.

House Bill 937 was already an omnibus gun measure when it cleared the House. In general, it strengthens penalties for those who commit crimes using a gun. It also expands where those who have concealed handgun permits may take their guns, including bars and restaurants that serve alcohol. Currently, firearms are not allowed in such establishments.

The Senate has rewritten the bill. It added penalties for concealed handgun permit holders who violate the rules associated with the permits, including carrying a handgun after having consumed alcohol.

It’s got a lot. I’ve seen the actual language, and it has all the following stuff.

  • Pistol purchase permits would be eliminated.
  • Park carried rules clarified, in our favor
  • Guns in locked vehicles on ALL school properties. Now you can drop your little one off at school while carrying and not be a felon!
  • CHP records no longer public records. No more newspapers snooping on you
  • An end to the ban on firearms at parades and funerals, if you have a CHP
  • CHP holders can carry in “Assemblies that charge admission,” such as theaters.
  • Silencers legal for hunting.

Once the NCGA posts the new language, I’ll do an updated post on this bill.  There are two small things I would change, but overall, it’s a huge win.

Look for it to move quickly through the Senate, returned to the House for concurrence, and then off to the Governor for his signature. Keep up the pressure on all of them and we’ll all be able to go for dinner and a movie date nights without leaving the handguns in the car.

S264 – Repeal 1935 Durham Co. Firearm Act

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

Move to repeal Durham firearm registry passes NC Senate

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!

Who is available to be in Raleigh 5-28 to crash an anti-gun “Town Meeting?”

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 passes Third Reading and is on to the Senate

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 passes 2nd reading in NC House

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.