GRNC Alert 04-09-15: Act Now on Pending Gun Legislation

Below is a summary of pro and anti-gun bills which have been filed in the North Carolina General Assembly. Crossover deadline – the date by which they must pass at least one chamber or else be declared dead – looms in coming weeks, so your immediate action is required.

Pro Gun Bills

Senate:

SB 394, “Preemption Affirmation Act”: “It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.”

Since 1996, NC has had a statewide preemption law prohibiting local governments from passing gun laws more stringent than state law. Unfortunately, ideologically motivated local governments have ignored recent expansions of concealed carry into parks and elsewhere. To put “teeth” into preemption, SB 394 will add civil penalties and a private cause of action against local bureaucrats who willfully flout preemption. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S394v0.pdf

SB 641, “Concealed Handgun Standardization Act”: “An act to standardize and ensure uniformity of concealed handgun permit applications.”

This bill will stop rogue sheriffs from wrongly denying concealed handgun permits and adding additional requirements for applicants beyond what is required by state law. It will also limit the number of disqualifying misdemeanors to obtain a permit, and remove sheriffs’ discretion in deciding which “physical or mental infirmities” would prevent applicants from getting permits. In addition, it compels local Sheriffs to issue or deny the permit within 90 calendar days, and permit them to deny a permit if the applicant is ineligible under state law. Currently permits are backlogged upwards of 120 days in certain counties due to delays in receiving mental background checks. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S641v0.pdf

SB 708, “Homeland Security Patriot Act”: “An act to strengthen Homeland Security by establishing the Homeland Security unrestricted concealed handgun permit.”

This bill will create a Homeland Security Concealed Carry Permit enabling permit holders who undergo advanced training and background checks to carry concealed handguns nearly anywhere in the state, including property on which a notice is posted prohibiting the carrying of a concealed handgun. It has the same exemption from all state prohibitions and restrictions regarding the carrying of a concealed handgun that state and local law enforcement officers have when acting in the discharge of their official duties. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S708v0.pdf

SB 624 Private, “School/Firearms Amendments”: This bill would allow employees and volunteers at private schools to carry a firearm, tear gas, or stun gun on the educational property owned, used, or operated by the private school, provided they possess a concealed carry permit and have written permission from the school’s board of trustees. In addition, it would allow concealed carry permit holders to carry a concealed firearm in a place of worship that is also an educational property when that person is attending worship services. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S624v0.pdf

SB 648, “North Carolina Firearms Freedom Act”: “An act to exempt firearms, firearms accessories, and ammunition manufactured and retained in North Carolina from Federal regulation under the Commerce Clause of The Constitution of the United States.” This bill would exempt any firearm, firearm accessory or ammunition manufactured and retained in North Carolina from any type of Federal regulation, including registration. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S648v0.pdf

House:

HB 562, “Amend Certain Firearms Laws”: The most important part of this bill would eliminate the requirement for citizens to obtain a pistol purchase permit system and have gun sellers use the National Instant Background Check System (NICS) to complete the background check at point of sale. In addition, it would make the following law:

• Schools could not prohibit the legal concealed carry of handguns in vehicles on school property.
• Concealed handgun permit holders could carry a concealed firearm at the State Fair as long as they do not ride or enter amusement rides.
• Employees could secure handguns in their personal vehicles while on employers’ property.
• Chief law enforcement officers would be required to sign for transfer of certain Title II firearms to qualified applicants
• Certain non-violent misdemeanor convictions would no longer be disqualifying for concealed handgun permits.
• Would specify posting requirements for signage prohibiting concealed carry.
• Would add additional provisions for concealed handgun permit-holders inside locked motor vehicles on educational properties.
• Would allow hunting with suppressors on short-barreled rifles.
• Would allow district attorneys to carry legally concealed firearms into courtrooms.

Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/House/PDF/H562v0.pdf

Anti Gun Bills

Senate:

SB 579, “Agricultural Fairs/Handguns on Premises”: Sponsored by Senator Brent Jackson, probably at the behest of Agriculture Commissioner Steve Troxler (a/k/a “King Troxler”) in his bid to turn the State Fair into his own personal fiefdom, the bill would codify the illegal posting of the fair (and indeed all agricultural fairs) against lawful concealed carry, allowing it only for people King Troxler deems worthy. Full text of the bill is available here: http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S579v1.pdf

House:

HB 241, “Destroy Firearm/Crime of Assault or Murder”: Like ancient superstition, this bill would treat confiscated firearms used in certain crimes as “deodands,” unlucky objects that must be destroyed instead of being sold and proceeds used for further law enforcement or possibly given to the victims’ families. This bill received a favorable report from the House Judiciary II Committee and now heads to Appropriations.