Bill Summary – FastDemocracy

H.B. 892
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                                               Apr 25, 2023
                                      SESSION 2023                                       HOUSE PRINCIPAL CLERK
     H                                                                                                  D
                                   HOUSE BILL DRH10422-MLa-131
     Short Title:   Suicide Prevention.                                                           (Public)
     Sponsors:      Representative Harrison.
     Referred to:
                                    A BILL TO BE ENTITLED
 AN ACT TO ALLOW AN INDIVIDUAL TO RESTRICT HIS OR HER ABILITY TO
     PURCHASE OR POSSESS A FIREARM BY VOLUNTARILY ADDING HIS OR HER
     NAME TO THE NORTH CAROLINA VOLUNTARY DO NOT SELL FIREARMS LIST.
 The General Assembly of North Carolina enacts:
             SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article
 to read:
                                            "Article 53D.
                       "North Carolina Voluntary Do Not Sell Firearms List.
 "§ 14-409.48. Establishment of North Carolina Voluntary Do Not Sell Firearms List.
     (a)     Establishment. – The State Bureau of Investigation shall establish the North Carolina
 Voluntary Do Not Sell Firearms List (List) to prohibit the possession, transportation, and sale of
 firearms to any person who voluntarily registers himself or herself to be enrolled into the List.
 The Bureau shall maintain and update the List, and the List shall be made available to federal
 firearms dealers to advise a dealer if the Bureau's records indicate a buyer or transferee of
 firearms is prohibited from purchasing, possessing, or transporting a firearm.
     (b)     Confidentiality. – The Bureau shall withhold from public disclosure all information
 regarding a request to be enrolled into or removed from the List and any other personal
 identifying information contained in or related to the List, except that such information may be
 disclosed (i) in accordance with subsection (a) of this section, (ii) to a law enforcement officer
 acting in the performance of his or her official duties, or (iii) to the applicant with respect to his
 or her own information.
 "§ 14-409.49. Voluntary enrollment and removal.
     (a)     Enrollment and Removal. – Any person 18 years of age or older may apply in writing
 to the State Bureau of Investigation to request voluntary enrollment into the List and, after being
 enrolled into such List, may apply in writing to the Bureau to request removal from such List.
 The application for enrollment into and removal from the List shall be on forms prescribed by
 the Bureau. In accordance with subsection (d) of this section, the forms shall state that any person
 enrolled into the List shall not be removed from the List until 21 days after receiving an
 application for removal. The Bureau shall make the forms available on the Bureau's website.
     (b)     Required Documentation for Enrollment or Removal. – Any person requesting
 enrollment into or removal from such List shall submit a photocopy of one valid form of photo
 identification issued in accordance with G.S. 20-7 or G.S. 20-37.7 or by the United States
 Department of Defense or the United States State Department to accompany the enrollment and
 removal form. Such request for enrollment into or removal from the List may be submitted to the
 Bureau by mail or in person.
                                  *DRH10422-MLa-131*
     General Assembly Of North Carolina                                                       Session 2023
     (c)     Duties Upon Enrollment. – Upon enrolling a person into the List, the Bureau shall
 forward a person's eligibility to purchase, possess, or transport a firearm to the National Instant
 Criminal Background Check System. The Bureau shall also notify such person by mail that he
 or she has been enrolled into the List.
     (d)     Duties Upon Removal. – The Bureau shall not remove any person from the List until
 21 days after receipt of the person's removal request. Upon removal of a person's name from the
 List, the Bureau shall update such person's eligibility to purchase, possess, or transport a firearm
 to the National Instant Criminal Background Check System and shall destroy all records of the
 person's enrollment into and request for removal from the List.
 "§ 14-409.50. Prohibited conduct; penalty.
     (a)     Prohibited Conduct. – It is unlawful for a person to do any of the following:
             (1)    Inquire as to whether another person has been enrolled into the List for any
                    purpose other than to determine such person's eligibility to purchase, possess,
                    or transport a firearm.
             (2)    Knowingly give any false information or to make any false statement with the
                    intent of enrolling or removing any other person into or from the List.
             (3)    Discriminate against a person with respect to his or her health care services,
                    employment, education, housing, insurance, governmental benefits, or
                    contracting because that person is not on the List, is on the List, or has
                    previously been on the List.
     (b)     Penalty. – A violation of this section is a Class A1 misdemeanor."
             SECTION 2. Article 52A of Chapter 14 of the General Statutes is amended by
 adding a new section to read:
 "§ 14-408.1A. Purchase, possession, or transportation of firearm by persons enrolled into
             the Voluntary Do Not Sell Firearms List; penalty.
     (a)     Prohibited Conduct. – It is unlawful to do either of the following:
             (1)    For a person enrolled into the North Carolina Voluntary Do Not Sell Firearms
                    List established under Article 53D of this Chapter to purchase, possess, or
                    transport a firearm.
             (2)    For a federal firearms dealer to sell, rent, trade, or transfer a firearm to a person
                    enrolled into the North Carolina Voluntary Do Not Sell Firearms List
                    established under Article 53D of this Chapter.
     (b)     Penalty. – A violation of this section is a Class 2 misdemeanor."
             SECTION 3. G.S. 14-415.12(b) is amended by adding a new subdivision to read:
             "(12) Is enrolled into the North Carolina Voluntary Do Not Sell Firearms List
                    established under Article 53D of this Chapter."
             SECTION 4. There is appropriated from the General Fund to the State Bureau of
 Investigation the sum of ten thousand dollars ($10,000) in nonrecurring funds for the 2024-2025
 fiscal year to assist with costs incurred by the Bureau in establishing the North Carolina
 Voluntary Do Not Sell Firearms List required under G.S. 14-409.48, as enacted by Section 1 of
 this act.
             SECTION 5. The State Bureau of Investigation shall adopt rules, or amend its rules,
 consistent with the provisions of this act. The Bureau may use the procedure set forth in
 G.S. 150B-21.1 to adopt or amend any rules as required under this section.
             SECTION 6. This act becomes effective July 1, 2024, and applies to offenses
 committed on or after that date.
     Page 2                                                                          DRH10422-MLa-131
Statutes affected: 
Filed: 14-415.12
Edition 1: 14-415.12