Bill Summary – FastDemocracy

H.B. 189
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                             Feb 23, 2023
                                      SESSION 2023                                     HOUSE PRINCIPAL CLERK
     H                                                                                                D
                                    HOUSE BILL DRH40080-ML-1
     Short Title:   NC Constitutional Carry Act.                                                (Public)
     Sponsors:      Representative Kidwell.
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN
    WITHOUT A PERMIT AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A
    CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR
    ANY OTHER REASON DESIRED, TO ALLOW THE PURCHASE OF A HANDGUN
    WITHOUT A PISTOL PURCHASE PERMIT, AND TO AUTHORIZE OFFICIALS
    ELECTED IN THE STATE TO CARRY A CONCEALED FIREARM WHILE
    PERFORMING THEIR OFFICIAL DUTIES IF THE OFFICIAL HAS A CONCEALED
    HANDGUN PERMIT.
 The General Assembly of North Carolina enacts:
11
 PART I. REVISIONS TO CONCEALED CARRY LAWS
             SECTION 1.1. G.S. 14-269 reads as rewritten:
 "§ 14-269. Carrying concealed weapons.
     (a)     It shall be Except as otherwise provided by law, it is unlawful for any person willfully
 and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung
 shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like
 kind, except when the person is on the person's own premises. For purposes of this section, the
 term "weapon" does not include a firearm.
     (a1) It shall be unlawful for any person willfully and intentionally to carry concealed about
 his or her person any pistol or gun except in the following circumstances:
             (1)      The person is on the person's own premises.
             (2)      The deadly weapon is a handgun, the person has a concealed handgun permit
                      issued in accordance with Article 54B of this Chapter or considered valid
                      under G.S. 14-415.24, and the person is carrying the concealed handgun in
                      accordance with the scope of the concealed handgun permit as set out in
                      G.S. 14-415.11(c).
             (3)      The deadly weapon is a handgun and the person is a military permittee as
                      defined under G.S. 14-415.10(2a) who provides to the law enforcement
                      officer proof of deployment as required under G.S. 14-415.11(a).
     (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
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     General Assembly Of North Carolina                                                        Session 2023
 handgun remains in the closed compartment at all times and the vehicle is locked immediately
 following the entrance or exit.
      (a3) Some of the exceptions listed in subsection (b) of this section include a condition that
 the person have a concealed handgun permit. In those circumstances, a person must still have a
 concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General
 Statutes or considered valid under G.S. 14-415.24 to qualify as an exception.
      …
      (b1) It is a defense to a prosecution under this section that:if all of the following apply:
              (1)     The weapon was not a firearm;
              (2)     The defendant was engaged in, or on the way to or from, an activity in which
                      the defendant legitimately used the weapon;weapon.
              (3)     The defendant possessed the weapon for that legitimate use; anduse.
              (4)     The defendant did not use or attempt to use the weapon for an illegal purpose.
              The burden of proving this defense is on the defendant.
      (b2) It is a defense to a prosecution under this section that:
              (1)     The deadly weapon is a handgun;
              (2)     The defendant is a military permittee as defined under G.S. 14-415.10(2a);
                      and
              (3)     The defendant provides to the court proof of deployment as defined under
                      G.S. 14-415.10(3a).
      (c)     Any Except as otherwise provided by law, any person violating the provisions of
 subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the
 provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first
 offense and a Class H felony for a second or subsequent offense. A violation of subsection (a1)
 of this section punishable under G.S. 14-415.21(a) is not punishable under this section.
      …."
              SECTION 1.2. Chapter 14 of the General Statutes is amended by adding a new
 Article to read:
                                               "Article 54C.
                                     "Carrying Concealed Handguns.
 "§ 14-415.35. Carrying concealed handguns.
      (a)     Carrying Concealed Handgun. – Any person who is a citizen of the United States and
 is at least 18 years old may carry a concealed handgun in this State unless provided otherwise by
 law.
      (b)     Offense. – It is unlawful for a person who meets any of the following criteria to carry
 a concealed handgun:
              (1)     Is ineligible to own, possess, or receive a firearm under the provisions of State
                      or federal law.
              (2)     Is under indictment for a felony.
              (3)     Has been adjudicated guilty in any court of a felony, unless (i) the felony is
                      an offense that pertains to antitrust violations, unfair trade practices, restraints
                      of trade, or other similar offenses related to the regulation of business practices
                      or (ii) the person's firearms rights have been restored pursuant to
                      G.S. 14-415.4 or have been restored in another state pursuant to the laws of
                      that state.
              (4)     Is a fugitive from justice.
              (5)     Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant,
                      stimulant, or narcotic drug, or any other controlled substance as defined in 21
                      U.S.C. § 802.
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     General Assembly Of North Carolina                                                    Session 2023
            (6)      Is currently or has been previously adjudicated by a court to be lacking mental
                     capacity or mentally ill. Receipt of previous consultative services or outpatient
                     treatment alone shall not disqualify any citizen under this subdivision.
             (7)     Is or has been discharged from the Armed Forces of the United States under
                     conditions other than honorable.
             (8)     Except as provided in subdivision (9), (10), or (11) of this subsection, is or
                     has been adjudicated guilty of or received a prayer for judgment continued or
                     suspended sentence for one or more crimes of violence constituting a
                     misdemeanor, including, but not limited to, a violation of a misdemeanor
                     under Article 8 of Chapter 14 of the General Statutes except for a violation of
                     G.S. 14-33(a), or a violation of a misdemeanor under G.S. 14-226.1, 14-258.1,
                     14-269.2, 14-269.6, 14-277, 14-277.1, 14-283 except for a violation involving
                     fireworks exempted under G.S. 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9,
                     former 14-288.12, former 14-288.13, former 14-288.14, 14-414,
                     14-415.21(b), 14-415.26(d) within three years prior to the date on which the
                     application is submitted, 14-415.36, 14-415.37, 14-415.38, or 14-415.39.
             (9)     Is or has been adjudicated guilty of or received a prayer for judgment
                     continued or suspended sentence for one or more crimes of violence
                     constituting a misdemeanor under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3),
                     14-33(d), 14-134.3, 14-277.3A, 14-318.2, 50B-4.1, or former 14-277.3.
             (10) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a
                     result of a conviction of a misdemeanor crime of domestic violence.
             (11) Has been adjudicated guilty of or received a prayer for judgment continued or
                     suspended sentence for one or more crimes involving an assault or a threat to
                     assault a law enforcement officer, probation or parole officer, person
                     employed at a State or local detention facility, firefighter, emergency medical
                     technician, medical responder, or emergency department personnel.
             (12) Has had entry of a prayer for judgment continued for a criminal offense that
                     would make it unlawful under this section for the person to carry a concealed
                     weapon.
             (13) Is free on bond or personal recognizance pending trial, appeal, or sentencing
                     for a crime that would make it unlawful under this section for the person to
                     carry a concealed weapon.
             (14) Has been convicted of an impaired driving offense under G.S. 20-138.1,
                     20-138.2, or 20-138.3 within three years prior to the date on which the person
                     is carrying the weapon.
     (c)     Valid Identification Required; Disclosure to Law Enforcement Officer When
 Carrying Concealed. – When carrying a concealed handgun, a person shall also carry valid
 identification and shall disclose to any law enforcement officer that the person is carrying a
 concealed handgun when approached or addressed by the officer and shall display the proper
 identification upon the request of a law enforcement officer.
     (d)     Penalty. – Any person who violates subsection (b) of this section is guilty of a Class
 2 misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent
 offense. Any person who violates subsection (c) of this section commits an infraction and shall
 be punished in accordance with G.S. 14-3.1.
 "§ 14-415.36. Unlawful to carry a concealed weapon into certain areas.
     (a)     It is unlawful to carry a concealed weapon into the following areas unless provided
 otherwise by law:
             (1)     In an area prohibited by rule adopted under G.S. 120-32.1.
             (2)     In any area prohibited by 18 U.S.C. § 922 or any other federal law.
             (3)     In a law enforcement or correctional facility.
     DRH40080-ML-1                                                                                Page 3
     General Assembly Of North Carolina                                                      Session 2023
             (4)       On any private premises where notice that carrying a concealed handgun is
                       prohibited by the posting of a conspicuous notice or statement by the person
                       in legal possession or control of the premises.
     (b)      This section shall not apply to any person listed in G.S. 14-415.41.
     (c)      A violation of this section is a Class 1 misdemeanor."
              SECTION 1.3. G.S. 14-269.3 reads as rewritten:
 "§ 14-269.3. Carrying weapons into assemblies and establishments where alcoholic
              beverages are sold and consumed.
     (a)      It shall be unlawful for any person consuming alcohol, or at any time while the person
 has remaining in the person's body any alcohol or in the person's blood a controlled substance
 previously consumed, to carry any gun, rifle, or pistol into any assembly where a fee has been
 charged for admission thereto, or into any establishment in which alcoholic beverages are sold
 and consumed. Any person violating the provisions of this section shall be guilty of a Class 1
 misdemeanor.
     (b)      This section shall not apply to any of the following:
              (1)      A person exempted from the provisions of G.S. 14-269.
              (2)      The owner or lessee of the premises or business establishment.
              (3)      A person participating in the event, if the person is carrying a gun, rifle, or
                       pistol with the permission of the owner, lessee, or person or organization
                       sponsoring the event.
              (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 1.4. 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,
                       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, A person carrying a concealed
                       handgun 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.
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     General Assembly Of North Carolina                                                     Session 2023
            (7)       Any person who carries or possesses an ordinary pocket knife, as defined in
                      G.S. 14-269(d), carried in a closed position into the State Capitol Building or
                      on the grounds of the State Capitol Building.
     Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."
              SECTION 1.5. G.S. 14-277.2 reads as rewritten:
 "§ 14-277.2. Weapons at parades, etc., prohibited.
     …
     (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. procession. 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 1.6. G.S. 14-269.1 reads as rewritten:
 "§ 14-269.1. Confiscation and disposition of deadly weapons.
     Upon conviction of any person for violation of G.S. 14-269, G.S. 14-269.7, 14-269.7,
 14-415.35(b), or any other offense involving the use of a deadly weapon of a type referred to in
 G.S. 14-269, weapon, including a firearm, the deadly weapon with reference to which the
 defendant shall have been convic