9 May 2019
The following is a brief update of some of the bills your NCRPA lobbying team is tracking and working in the North Carolina legislature.
Beware of Risk Protection Legislation
A wave of red flag legislation has rushed through state Capitols in the last year. At least nine states have such emergency firearm confiscation laws in place, including Maryland, where courts have seized guns from 148 people in the first three months since the state’s law went into effect. Proponents say that this legislation will allow law enforcement or family members to go to a judge and ensure that somebody who is a threat to themselves or others is temporarily disarmed. Opponents say this will create a slippery slope, putting liberty at risk. Nobody wants dangerous people to have access to firearms. Protection orders that respect the right of due process and ensures that those found mentally ill receive the care they need is critical. Most proposed red flag laws fail to provide any sort of mental health treatment and would deny law-abiding gun owners their right of due process. If states can deny due process to law-abiding citizens, then what’s to stop them from denying any right to other groups of people?
The NCRPA and the NRA strongly oppose any proposal that does not fully protect due process rights, and will only support an ERPO process that strongly protects both Second Amendment rights and due process rights at the same time. For more information and to get the facts, link to https://www.nraila.org/get-the-facts/emergency-risk-protection-orders-erpos/
HB 454 – Allow ERPOs to Save Lives & Prevent Suicides https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H454v1.pdf
NCRPA opposed HB 454 (See position statement on Homepage). The bill died in committee and did not make the crossover deadline in order to be considered by the Senate.
HB 110 – Protect Religious Meeting Places
https://webservices.ncleg.net/ViewBillDocument/2019/3134/0/H110-PCS10405-SA-15
Current law generally prohibits weapons on educational property, with some specific exceptions. House Bill 110 would authorize persons with a concealed handgun permit to carry a concealed handgun in a church even if Sunday School is being held, as long as any associated parochial school is not in session. NCRPA supported this legislation. The bill died in committee and did not make the crossover deadline in order to be considered by the Senate.
HB 712 Disposition of Unclaimed or Seized Firearms.
https://webservices.ncleg.net/ViewBillDocument/2019/4436/0/H712-PCS30450-BQ-22
This bill would authorize a court to order the destruction of a firearm if the court determines it is in the “best interest of public safety,” or authorize a law enforcement agency to transfer a seized or unclaimed firearm to a federally licensed firearm dealer for sale, or to allow destruction of the firearm if it is unable to be sold. The NCRPA opposed this bill. The bill died in committee and did not make the crossover deadline in order to be considered by the Senate.
HB 86 – Gun Violence Prevention Act https://www.ncleg.gov/Sessions/2019/Bills/House/PDF/H86v1.pdf
This bill would require all gun owners to purchase firearm liability insurance; ban the sale or possession of bump stocks and trigger cranks; raise the age to purchase so-called “assault” weapons from 18 to 21; require permits for the purchase of long guns in addition to handguns; require a 72-hour waiting period before a purchased firearm may be delivered or otherwise possessed; require the “safe storage” of a firearm; limit the size of magazines; repeal the preemption of local regulation of firearms; and allow the destruction of a seized firearm. The NCRPA opposed this bill. The bill died in committee and did not make the crossover deadline in order to be considered by the Senate.
As the 2019 legislative session continues our NCRPA lobbying team will continue to monitor and advocate on your behalf to protect our Second Amendment rights.