Watching NC Legislation:
Up Dated: 4/4/2013
(The update was the addition of Senate Bills 28, 405, 408, and 410, below.)
North Carolina Rifle and Pistol Association Legislative Committee, Legislative Liaison, Dennis Allen and Lobbyist Mike Mann.
The following is a summation of the status of various firearms bills and associated bills in the North Carolina House of Representatives and the North Carolina Senate. While, we believe everything herein is correct, accurate and very clear, you should believe none of it without your own personal verification. Things are very fluid during the session and the status of a bill can change by the minute.
Also, we are not attorneys. Nothing in this is to be construed as legal advice. Again, it may be all completely incorrect.
This session we have been blessed with a plethora of pro-second amendment bills, and thus far… only one bill that might be construed to have a negative impact on any gun owner in NC. That is a special case that will be addressed in turn.
Starting in the House, the legislation is presented in numerical order for ease of location. Text and sponsors of bills can be found by clicking the initial hyperlink listing the bill.
Don’t you just love the internet?!
HOUSE BILL 17
Note that both the version of the bill that was introduced and the version that was voted out of committee can be accessed at the link above.
HB 17 was filed on 1/30/13 by Representatives Burr, Hager, Hollo, and J. Bell. The bill would allow CCH holders to carry in restaurants that serve alcohol. No consumption by the armed CCH holder would be allowed. The bill would further require the State to maintain records for CCH permits and pistol purchase permits, and for FFL dealers to maintain sale records, but all three classes of records would be deemed confidential. Those records would remain available to law enforcement.
The bill passed its first reading, and was referred to committee.
In committee, after some discussion the bill was withdrawn. Mike Mann among others spoke on behalf of the bill. Only the lobbyist for the Press spoke against it.
The bill again came up again in committee on 3/20/13. After some discussion it was determined that a substitute bill would replace the original. The substitute bill removed all portions referring to restaurant carry. Again there were comments from committee members and citizens including Mike Mann.
The bill was favorably voted out of committee in the substituted form.
The bill was placed on call on the floor of the House, but was postponed until 2/26/13.
Similar restaurant carry language is found in SB 342.
HOUSE BILL 49
House Bill 49 provides that no business, commercial enterprise, or employer shall prohibit the transportation or storage of a firearm or ammunition when the firearm and ammunition are locked out of sight in a motor vehicle. PLEASE READ THE FULL TEXT OF THIS BILL FOR MORE DETAIL.
This bill has been filed, passed first reading and referred to Committee on Rules.
HOUSE RESOLUTION 63
This is a House Resolution expressing support for the preservation and defense of the Constitutions of the United States and the state of North Carolina.
It is interesting reading. PLEASE TAKE A LOOK.
This bill has been filed, passed first reading and referred to Committee on Rules.
HOUSE BILL 187
This bill provides that an executive head of any private school located in Forsyth County may adopt school policy allowing employees to carry concealed providing they have a CCH permit and comply with any other rules set up by the school.
This bill has been filed, passed first reading had referred to Committee on Government.
HOUSE BILL 246
House Bill 246 is extensive and deserves to be read by everyone. It is an act to amend the North Carolina Constitution to restrict the limitations that may be placed on a person who holds a CCH permit.
This bill has been filed, passed first reading and referred to Committee on Rules.
HOUSE BILL 310
House Bill 310 is entitled: An act to modernize and ensure uniformity of concealed handgun permit applications.
The bill appears to remove the restriction from a physical infirmity that prevents the safe handling of a handgun. It restricts the information a sheriff can require before issuing a CCH permit and limits the fees that can be charged by sheriffs for CCH permits.
This bill has been filed, passed first reading and referred to Committee on Rules.
HOUSE BILL 360
This is an act to allow hunting on Sunday on private land with the permission of the landowner. Senate Bill 224 seeks the same legislation.
This bill has been filed, passed first reading and referred to Committee on Agriculture.
HOUSE BILL 387
This is an act to amend various criminal laws regarding CCH permits, expunctions, disposition of firearms, crime, victim’s rights, and offenses that may be waived.
The purpose of this bill appears to be to transfer responsibility for prescribing the CCH application form and the CCH license itself, from the Administrative Office of the Courts to the State Bureau of Investigation.
This bill has been filed, passed first reading and referred to Committee on Judiciary, Sub C.
Now, moving on to the Senate Bills:
SENATE BILL 17
Senate Bill 17 should not to be confused with HB 17. This is the one bill filed to date that might have a possible negative impact on some gun owners in North Carolina.
This bill would invalidate CCH permit reciprocity with certain other states for CCH permits issued to non-residents of that state. It would have no effect on CCH permits issued by states to their residents or NC residents with NC CCH permits, unless the state issuing permits to nonresidents rescind reciprocity with North Carolina.
This bill has been filed, passed first reading and referred to Committee on Judiciary II.
SENATE BILL 27
This is an act to provide that certain persons certified by the NC Criminal Justice Dept and designated by a local board of education or board of directors of a charter school my possess and carry firearms on educational property to provide additional protection to those attending and working in those public schools.
This bill has been filed, passed first reading and referred to Committee on Rules.
SENATE BILL 28
This is the Senate version of HB 17. If enacted it will require that CCH, pistol purchase permits, and long gun purchase records be available to law enforcement, but not to the general public.
This bill has been filed, passed first reading, and been referred to Com on Judiciary II.
SENATE BILL 59
This is a bill that would allow armed security guards who meet certain selection and training requirement at all schools. It would further direct Sheriffs to develop training programs for such guards.
This one is fairly long and detailed. If you are interested you should read it carefully.
This bill has been filed, passed first reading and referred to Committee on Rules.
SENATE BILL 124
This bill would make it a criminal offense to discharge a firearm from within an enclosure with the intent to do harm or incite fear.
Here is the WRAL News story:
"Walmart Shooting Prompts Bill on Firing Weapons
"Posted: 4:41 p.m. Tuesday
"Updated: 4:54 p.m. Tuesday
"Sen. Pete Brunstetter, R-Forsyth, has introduced a bill that would change the law that allowed a man to open fire inside a Walmart without incurring a felony charge.
"As it stands, it is a felony to fire into a building but only a misdemeanor to fire a weapon once inside, Brunstetter said. Senate Bill 124 would add make it a felony "to discharge a firearm within any building, structure, motor vehicle, or other conveyance, erection, or enclosure with the intent to do harm or incite fear."
"The bill was spurred by the case of Justin Ross Murphy, who was caught on surveillance video in October 2012 opening fire in the electronics department of the Kernersville super store.
"Under current law, Murphy was charged only with a misdemeanor, Brunstetter said, and was allowed to continue carrying a gun."
Here is the same story from MyFox8.Com
"Man charged with shooting gun at Kernersville Walmart
Posted on: 6:11 am, October 30, 2012, by Ryan Sullivan, updated on: 06:18pm, October 30, 2012
"KERNERSVILLE, N.C.
"Police say a man was arrested late Monday night after he fired a gun at the Walmart shopping center in Kernersville.
"According to police, an officer was flagged down by employees shortly after 11:15 p.m. in the parking lot of the Walmart at 1130 South Main St.
"The employees informed the officer there was a man inside the store firing a “large-caliber” handgun.
"The store was evacuated and locked down as officers searched for a suspect or victims, but none were found, police said.
"After the building was cleared, police said they determined the suspect had left the scene before the store was locked down.
"Police said further investigation of Walmart’s surveillance cameras led them to 4890 Old Hollow Road where the suspect, 20-year-old Justin Ross Murphy, was arrested.
"Murphy is charged with shooting into an occupied property, carrying a concealed weapon, going armed to the terror of the public, and malicious injury to property.
"Chief Ken Gamble said they are still investigating the intent of the shooting. Gamble said Murphy fired three shots in the electronic department damaging merchandise.
"Police said the suspect was initially jailed in the Forsyth County Detention Center under a $4,000 secured bond, however they have increased the bond to $50,000.
"A court hearing is set for Nov. 16 in Winston-Salem.
No one was hurt."
Comparing the newstories is informative. And there was a video.
And all this was the background for a 13 line bill!
This bill has been filed, passed first reading and referred to Committee on Judiciary I.
MOVING ON…
SENATE BILL 146
This bill provides that certain employees and volunteers at private schools may be armed when authorized by administrators of the school.
It goes to another point however. Under the provisions of this bill a person with a valid CCH permit in a church with a school program may carry a handgun under the following provisions:
“...a person who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or is considered valid under G.S. 14-415.24 and who is in a place of religious worship that is located on educational property owned, used, or operated by the membership of the place of religious worship while the person is attending worship services, funeral services, wedding ceremonies, christenings, religious fellowships, and any other sacerdotal functions at the place of religious worship. For purposes of this subdivision, the term "place of religious worship" includes any church, chapel, meetinghouse, synagogue, temple, longhouse, mosque, or other building that is regularly used and clearly identifiable as a place for religious worship. For purposes of this subdivision, the term "attending" includes ingress and egress between the place of religious worship and the designated parking area for the place of religious worship."
It is unclear how the portion of this bill in bold print above and current state law highlighted below will interact. (Bold print added)
"§ 14 - 277.2. Weapons at parades, etc., prohibited.
(a) It shall be unlawful for any person participating in, affiliated with, or present as a spectator at any parade, funeral procession, picket line, or demonstration upon any private health care facility or upon any public place owned or under the control of the State or any of its political subdivisions to willfully or intentionally possess or have immediate access to any dangerous weapon. Violation of this subsection shall be a Class 1 misdemeanor. It shall be presumed that any rifle or gun carried on a rack in a pickup truck at a holiday parade or in a funeral procession does not violate the terms of this act."
This bill will allow a CCH holder to be armed in church even if the church has an educational facility (school) attached.
This bill has been filed, passed first reading and referred to Committee on Judiciary I.
SENATE BILL 190
This bill will allow an ADULT (caps and bold added) at a school, community college, or university who possesses a CCH to have a gun on educational property, provided the gun is in a closed container in the person’s locked motor vehicle or is in a locked container attached to the motor vehicle and is removed only for defensive purposes.
This one is important. You can drop off your kids or pick them up without leaving your handgun off premises.
This bill has been filed, passed first reading and referred to Committee on Rules.
SENATE BILL 201
The short title of this bill says it all: Allow Hunting with Silencers.
We won’t get technical here; they mean suppressors.
The provisions of HB650 as enacted into law appear to legalize suppressors for North Carolinians when we are in compliance with 26 USC Chapter 53, paragraphs 5801 to 5871. Sheriffs can still decline to sign the paperwork and probably, in most cases, will decline the paperwork as long as they can. But, now they have no statutory smoke screen to hide behind.
We seem to have some unlikely allies on this one.
This bill has been filed, passed first reading and referred to Committee on Ag/Environ/Nat. Resources
SENATE BILL 224
This is the Senate version of HB360. tI will allow hunting on Sunday on private land with the permission of the landowner.
Anyone connecting the dots to SB 201?
This bill has been filed, passed first reading and referred to Committee on Ag/Environ/Nat. Resources
SENATE BILL 342
Restaurant Carry and Parks and Recreational areas.
This bill has two key provisions that are important to gun owners. The first covers carrying a firearm in a restaurant. This bill if enacted will allow a CCH holder to carry in a restaurant that serves alcohol. The same criteria apply with regard to consumption of alcohol and alcohol in the system as always. And a restaurant owner can post their premises against CCH holders.
The second aspect of this bill incorporates language to clarify the meaning of “recreational facilities” with respect to CCH holders and local governments.
Everyone with a stake in this issue should read this bill, in detail.
This bill has been filed, passed first reading and referred to Committee on Rules.
SENATE BILL 368
The language of this section is slightly altered as noted here.
SECTION 2. G.S. 14-404(e) is amended by adding a new section to read:
"(e) The sheriff shall charge for the sheriff's services upon issuing the license or permit receipt of an application a fee of five dollars ($5.00)."
If passed this language would allow sheriffs to charge $5.00 as an application fee as opposed to a permit or license fee. If no permit or license were eventually issued the sheriff still gets the $5.00.
SENATE BILL 405
SB 405 will allow members of the Council of State who hold CCH permits to carry a concealed handgun on defined educational property.
This bill has been filed and passed first reading.
SENATE BILL 408
This bill entitled “Lawful Citizens Self Protection Act, would expand the places that allow a CCH holder to possess a concealed handgun to include: 1) an assembly that charges and admission fee 2) an eating establishment , unless the establishment is clearly posted against concealed handguns 3) at specific parades, funeral processions, and picket lines or demonstrations on public property under certain conditioins.
The bill refers specifically to eating establishments defined in GS 18B-1000 (2) and GS 18B-1000 (6).
(2) Eating establishment. – An establishment engaged in the business of regularly and customarily selling food, primarily to be eaten on the premises. Eating establishments shall include businesses that are referred to as restaurants, cafeterias, or cafes, but that do not qualify under subdivision (6). Eating establishments shall also include lunch stands, grills, snack bars, fast‑food businesses, and other establishments, such as drugstores, which have a lunch counter or other section where food is sold to be eaten on the premises.
(6) Restaurant. – An establishment substantially engaged in the business of preparing and serving meals. To qualify as a restaurant, an establishment's gross receipts from food and nonalcoholic beverages shall be not less than thirty percent (30%) of the total gross receipts from food, nonalcoholic beverages, and alcoholic beverages. A restaurant shall also have a kitchen and an inside dining area with seating for at least 36 people.
Further, the bill would prevent private businesses from enacting rules or policies which prevented carrying concealed weapons and ammunition inside of an individual’s locked vehicle or a locked compartment attached to the vehicle.
The bill also rewrites G.S. 14-415.23 to include language more clearly defining “recreational facilities” as follows: “Recreational facilities shall not be construed to include areas of passive recreation such as picnic areas, shelters, restroom facilities, walkways, hiking trails, greenways, and lakes, nor shall this section be interpreted to prohibit firearms in entire parks which contain recreational facilities.
SENATE BILL 410
This bill would allow CCH holders to carry a concealed handgun on defined educational property. G. S. 14-269.2 currently defines “educational property” and enumerates those persons allowed to carry weapons on such property. SB 410 will include CCH holders on that list.
This bill reiterates the penalties in G.S. 14-269.2 and is well worth reading.
This bill has been filed, passed first reading, and been referred to Com on Rules and Operations.
Further comments from the NCRPA Legislative Committee:
It has become obvious to us that nearly all the House and Senate Bills considered this year that help to secure our Second Amendment Rights are directed only at CCH holders. While we are glad that, as a group, CCH holders are held in such high regard, it is important to point out the fact that the Second Amendment applies to all law abiding citizens, not just those of us who have acquired a license from the State!
DID WE MENTION THAT OUR COMMENTS ARE ALL SUPPOSITION ON OUR PART, AND THAT WE MAY BE COMPLETELY WRONG ABOUT OUR REFERENCES TO THE BILLS AS WELL AS OUR INTERPRETATIONS.
Please follow the links and make your own judgements.
Dennis and Mike
{end of NCRPA Legislative commentry}
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http://www.ncleg.net/Legislation/legislation.html.
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Remind your elected representatives that gun ownership cuts across all parties in North Carolina, always has, always will.
Pro-Guns Bills Move Forward- Ask specifically about the bill to keep formal declarations of emergency by federal, state or local officials from imposing further restrictions on North Carolina gun owners. Find out where your elected representatives stand on this and let us know through the Feedback Form.
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This link sends you to the NRA-ILA website that tracts legislation stories in all the states.
To get to the North Carolina stories, select North Carolina, and then GO, among the search fields.
Since the stories are listed from current to past, this is a useful link for getting the history on a legislative issue that has just come to your attention.
