Bill Summary – FastDemocracy

FILED SENATE
                                                                                         May 2, 2024
                          GENERAL ASSEMBLY OF NORTH CAROLINA
                                                                 S.B. 893
                                      SESSION 2023           PRINCIPAL CLERK
     S                                                                    D
                               SENATE BILL DRS15451-MLf-145
     Short Title:   Guarding Freedoms & Public Safety Act.                                      (Public)
     Sponsors:      Senators Batch and Garrett (Primary Sponsors).
     Referred to:
                                A BILL TO BE ENTITLED
 AN ACT TO EXEMPT FIREARM SAFETY AND STORAGE ITEMS FROM THE SALES
    TAX AND TO INCREASE THE PUNISHMENT FOR POSSESSING, CARRYING, OR
    HAVING ACCESS TO A FIREARM IN A PROHIBITED AREA.
 The General Assembly of North Carolina enacts:
 6
 FIREARM SAFETY AND STORAGE ITEM SALES TAX EXEMPTION
           SECTION 1.(a) G.S. 105-164.3 is amended by adding a new subdivision to read:
           "(88) Firearm safety equipment. – An enclosure or a device, other than one that is
                    part of the design of a firearm, that is intended to prevent access to, or
                    unintentional or unauthorized use of, the firearm."
           SECTION 1.(b) G.S. 105-164.13 is amended by adding a new subdivision to read:
           "(74) Firearm safety equipment."
           SECTION 1.(c) This section becomes effective October 1, 2024, and applies to sales
 made on or after that date.
16
 INCREASE PUNISHMENT FOR POSSESSING, CARRYING, OR HAVING ACCESS
 TO A FIREARM IN PROHIBITED AREAS
              SECTION 2.(a) G.S. 14-269.2 reads as rewritten:
 "§ 14-269.2. Weapons on campus or other educational property.
      …
      (b)     It shall be a Class IH felony for any person knowingly to possess or carry, whether
 openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property
 or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered
 under some other provision of law providing greater punishment, any person who willfully
 discharges a firearm of any kind on educational property is guilty of a Class FE felony. However,
 this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
      …
      (c)     It shall be a Class IH felony for any person to cause, encourage, or aid a minor who
 is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol,
 or other firearm of any kind on educational property. However, this subsection does not apply to
 a BB gun, stun gun, air rifle, or air pistol.
      …
      (f)     Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanorI
 felony rather than a Class IH felony for any person to possess or carry, whether openly or
                                 *DRS15451-MLf-145*
     General Assembly Of North Carolina                                                      Session 2023
 concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a
 curricular or extracurricular activity sponsored by a school if:
              (1)    The person is not a student attending school on the educational property or an
                     employee employed by the school working on the educational property; and
              (1a) The person is not a student attending a curricular or extracurricular activity
                     sponsored by the school at which the student is enrolled or an employee
                     attending a curricular or extracurricular activity sponsored by the school at
                     which the employee is employed; and
              (2)    Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and
                     applicable to offenses committed on or after that date.
              (3)    The firearm is not loaded, is in a motor vehicle, and is in a locked container
                     or a locked firearm rack.
              (4)    Repealed by Session Laws 1999-211, s. 1, effective December 1, 1999, and
                     applicable to offenses committed on or after that date.
     …."
              SECTION 2.(b) 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:
              (1)    Repealed by S.L. 1997-238, s. 3, effective June 27, 1997.
              (1a) A person exempted by the provisions of G.S. 14-269(b).
              (2)    through (4) Repealed by S.L. 1997-238, s. 3, effective June 27, 1997,
              (4a) Any person in a building housing a court of the General Court of Justice in
                     possession of a weapon for evidentiary purposes, to deliver it to a
                     law-enforcement agency, or for purposes of registration.
              (4b) Any district court judge or superior court judge who carries or possesses a
                     concealed handgun in a building housing a court of the General Court of
                     Justice if the judge is in the building to discharge his or her official duties and
                     the judge has a concealed handgun permit issued in accordance with Article
                     54B of this Chapter or considered valid under G.S. 14-415.24.
              (4c) Firearms in a courthouse, carried by detention officers employed by and
                     authorized by the sheriff to carry firearms.
              (4d) Any magistrate who carries or possesses a concealed handgun in any portion
                     of a building housing a court of the General Court of Justice other than a
                     courtroom itself unless the magistrate is presiding in that courtroom, if the
                     magistrate (i) is in the building to discharge the magistrate's official duties,
                     (ii) has a concealed handgun permit issued in accordance with Article 54B of
                     this Chapter or considered valid under G.S. 14-415.24, (iii) has successfully
                     completed a one-time weapons retention training substantially similar to that
                     provided to certified law enforcement officers in North Carolina, and (iv)
                     secures the weapon in a locked compartment when the weapon is not on the
                     magistrate's person.
              (5)    State-owned rest areas, rest stops along the highways, and State-owned
                     hunting and fishing reservations.
     Page 2                                                                          DRS15451-MLf-145
     General Assembly Of North Carolina                                                     Session 2023
            (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, 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.
              (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.A
 violation of this section involving the carrying or possessing of a firearm is a Class I felony. Any
 other violation of this section is a Class 1 misdemeanor."
              SECTION 2.(c) G.S. 14-415.21 reads as rewritten:
 "§ 14-415.21. ViolationsPunishment for violations of this Article punishable as an
              infraction.Article.
     (a)      A person who has been issued a valid permit who is found to be carrying a concealed
 handgun without the permit in the person's possession or who fails to disclose to any law
 enforcement officer that the person holds a valid permit and is carrying a concealed handgun, as
 required by G.S. 14-415.11, shall be guilty of an infraction and shall be punished in accordance
 with G.S. 14-3.1. Any person who has been issued a valid permit who is found to be carrying a
 concealed handgun in violation of G.S. 14-415.11(c)(8)G.S. 14-415.11(c) shall be guilty of an
 infraction and may be required to pay a fine of up to five hundred dollars ($500.00). In lieu of
 paying a fine the person may surrender the permit.a Class I felony.
     (a1) A person who has been issued a valid permit who is found to be carrying a concealed
 handgun in violation of subsection (c2) of G.S. 14-415.11 shall be guilty of a Class 1
 misdemeanor.
     (b)      A person who violates the provisions of this Article other than as set forth in
 subsection (a) or (a1) of this section is guilty of a Class 2 misdemeanor."
              SECTION 2.(d) G.S. 14-277.2(a) reads as rewritten:
     "(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. ViolationA violation of this subsection involving the possession of or access to a firearm
 shall be a Class I felony. Any other 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."
              SECTION 2.(e) G.S. 14-269.3(a) reads as rewritten:
     "(a) It shall be unlawful for any person 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.I felony."
              SECTION 2.(d) This section becomes effective October 1, 2024, and applies to
 offenses committed on or after that date.
47
 EFFECTIVE DATE
        SECTION 3. Except as otherwise provided, this act becomes effective October 1,
 2024.
     DRS15451-MLf-145                                                                              Page 3
Statutes affected: 
Filed: 105-164.3, 105-164.13, 14-269.2, 14-269.4, 14-415.21, 14-277.2, 14-269.3
Edition 1: 105-164.3, 105-164.13, 14-269.2, 14-269.4, 14-415.21, 14-277.2, 14-269.3