H.B. 197
GENERAL ASSEMBLY OF NORTH CAROLINA
Mar 1, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH10071-ML-16
Short Title: NC Constitutional Carry Act. (Public)
Sponsors: Representatives Kidwell, Hanig, Goodwin, and Setzer (Primary Sponsors).
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN
3 WITHOUT A PERMIT AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A
4 CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR
5 ANY OTHER REASON DESIRED.
6 The General Assembly of North Carolina enacts:
7 SECTION 1. G.S. 14-269 reads as rewritten:
8 "§ 14-269. Carrying concealed weapons.
9 (a) It shall be Except as otherwise provided by law, it is unlawful for any person willfully
10 and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung
11 shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like
12 kind, except when the person is on the person's own premises. For purposes of this section, the
13 term "weapon" does not include a firearm.
14 (a1) It shall be unlawful for any person willfully and intentionally to carry concealed about
15 his or her person any pistol or gun except in the following circumstances:
16 (1) The person is on the person's own premises.
17 (2) The deadly weapon is a handgun, the person has a concealed handgun permit
18 issued in accordance with Article 54B of this Chapter or considered valid
19 under G.S. 14-415.24, and the person is carrying the concealed handgun in
20 accordance with the scope of the concealed handgun permit as set out in G.S.
21 14-415.11(c).
22 (3) The deadly weapon is a handgun and the person is a military permittee as
23 defined under G.S. 14-415.10(2a) who provides to the law enforcement officer
24 proof of deployment as required under G.S. 14-415.11(a).
25 (a2) This prohibition does not apply to a person who has a concealed handgun permit
26 issued in accordance with Article 54B of this Chapter, has a concealed handgun permit
27 considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to G.S.
28 14-415.25, provided the weapon is a handgun, is in a closed compartment or container within the
29 person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State
30 government. A person may unlock the vehicle to enter or exit the vehicle, provided the handgun
31 remains in the closed compartment at all times and the vehicle is locked immediately following
32 the entrance or exit.
33 (a3) Some of the exceptions listed in subsection (b) of this section include a condition that
34 the person have a concealed handgun permit. In those circumstances a person must still have a
35 concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General
36 Statutes or considered valid under G.S. 14-415.24 to qualify as an exception.
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1 …
2 (b1) It is a defense to a prosecution under this section that:
3 (1) The weapon was not a firearm;
4 (2) The defendant was engaged in, or on the way to or from, an activity in which
5 the defendant legitimately used the weapon;
6 (3) The defendant possessed the weapon for that legitimate use; and
7 (4) The defendant did not use or attempt to use the weapon for an illegal purpose.
8 The burden of proving this defense is on the defendant.
9 (b2) It is a defense to a prosecution under this section that:
10 (1) The deadly weapon is a handgun;
11 (2) The defendant is a military permittee as defined under G.S. 14-415.10(2a);
12 and
13 (3) The defendant provides to the court proof of deployment as defined under G.S.
14 14-415.10(3a).
15 (c) Any Except as otherwise provided by law, any person violating the provisions of
16 subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the
17 provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first
18 offense and a Class H felony for a second or subsequent offense. A violation of subsection (a1)
19 of this section punishable under G.S. 14-415.21(a) is not punishable under this section.
20 …."
21 SECTION 2. Chapter 14 of the General Statutes is amended by adding a new Article
22 to read:
23 "Article 54C.
24 "Carrying Concealed Handguns.
25 "§ 14-415.35. Carrying concealed handguns.
26 (a) Carrying Concealed Handgun. – Any person who is a citizen of the United States and
27 is at least 18 years old may carry a concealed handgun in this State unless provided otherwise by
28 law.
29 (b) Offense. – It is unlawful for a person who meets any of the following criteria to carry
30 a concealed handgun:
31 (1) Is ineligible to own, possess, or receive a firearm under the provisions of State
32 or federal law.
33 (2) Is under indictment for a felony.
34 (3) Has been adjudicated guilty in any court of a felony, unless (i) the felony is
35 an offense that pertains to antitrust violations, unfair trade practices, restraints
36 of trade, or other similar offenses related to the regulation of business practices
37 or (ii) the person's firearms rights have been restored pursuant to
38 G.S. 14-415.4 or have been restored in another state pursuant to the laws of
39 that state.
40 (4) Is a fugitive from justice.
41 (5) Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant,
42 stimulant, or narcotic drug, or any other controlled substance as defined in 21
43 U.S.C. § 802.
44 (6) Is currently or has been previously adjudicated by a court to be lacking mental
45 capacity or mentally ill. Receipt of previous consultative services or outpatient
46 treatment alone shall not disqualify any citizen under this subdivision.
47 (7) Is or has been discharged from the Armed Forces of the United States under
48 conditions other than honorable.
49 (8) Except as provided in subdivision (9), (10), or (11) of this subsection, is or
50 has been adjudicated guilty of or received a prayer for judgment continued or
51 suspended sentence for one or more crimes of violence constituting a
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1 misdemeanor, including, but not limited to, a violation of a misdemeanor
2 under Article 8 of Chapter 14 of the General Statutes except for a violation of
3 G.S. 14-33(a), or a violation of a misdemeanor under G.S. 14-226.1, 14-258.1,
4 14-269.2, 14-269.6, 14-277, 14-277.1, 14-283 except for a violation involving
5 fireworks exempted under G.S. 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9,
6 former 14-288.12, former 14-288.13, former 14-288.14, 14-414,
7 14-415.21(b), 14-415.26(d) within three years prior to the date on which the
8 application is submitted, 14-415.36, 14-415.37, 14-415.38, or 14-415.39.
9 (9) Is or has been adjudicated guilty of or received a prayer for judgment
10 continued or suspended sentence for one or more crimes of violence
11 constituting a misdemeanor under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3),
12 14-33(d), 14-134.3, 14-277.3A, 14-318.2, 50B-4.1, or former G.S. 14-277.3.
13 (10) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a
14 result of a conviction of a misdemeanor crime of domestic violence.
15 (11) Has been adjudicated guilty of or received a prayer for judgment continued or
16 suspended sentence for one or more crimes involving an assault or a threat to
17 assault a law enforcement officer, probation or parole officer, person
18 employed at a State or local detention facility, firefighter, emergency medical
19 technician, medical responder, or emergency department personnel.
20 (12) Has had entry of a prayer for judgment continued for a criminal offense that
21 would make it unlawful under this section for the person to carry a concealed
22 weapon.
23 (13) Is free on bond or personal recognizance pending trial, appeal, or sentencing
24 for a crime that would make it unlawful under this section for the person to
25 carry a concealed weapon.
26 (14) Has been convicted of an impaired driving offense under G.S. 20-138.1,
27 20-138.2, or 20-138.3 within three years prior to the date on which the person
28 is carrying the weapon.
29 (c) Valid Identification Required; Disclosure to Law Enforcement Officer When
30 Carrying Concealed. – When carrying a concealed handgun, a person shall also carry valid
31 identification and shall disclose to any law enforcement officer that the person is carrying a
32 concealed handgun when approached or addressed by the officer and shall display the proper
33 identification upon the request of a law enforcement officer.
34 (d) Penalty. – Any person who violates subsection (b) of this section is guilty of a Class
35 2 misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent
36 offense. Any person who violates subsection (c) of this section commits an infraction and shall
37 be punished in accordance with G.S. 14-3.1.
38 "§ 14-415.36. Unlawful to carry a concealed weapon into certain areas.
39 (a) It is unlawful to carry a concealed weapon into the following areas unless provided
40 otherwise by law:
41 (1) In an area prohibited by rule adopted under G.S. 120-32.1.
42 (2) In any area prohibited by 18 U.S.C. § 922 or any other federal law.
43 (3) In a law enforcement or correctional facility.
44 (4) On any private premises where notice that carrying a concealed handgun is
45 prohibited by the posting of a conspicuous notice or statement by the person
46 in legal possession or control of the premises.
47 (b) This section shall not apply to any person listed in G.S. 14-415.41.
48 (c) A violation of this section is a Class 1 misdemeanor."
49 SECTION 3. G.S. 14-269.3 reads as rewritten:
50 "§ 14-269.3. Carrying weapons into assemblies and establishments where alcoholic
51 beverages are sold and consumed.
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1 (a) It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly
2 where a fee has been charged for admission thereto, or into any establishment in which alcoholic
3 beverages are sold and consumed. Any person violating the provisions of this section shall be
4 guilty of a Class 1 misdemeanor.
5 (b) This section shall not apply to any of the following:
6 (1) A person exempted from the provisions of G.S. 14-269.
7 (2) The owner or lessee of the premises or business establishment.
8 (3) A person participating in the event, if the person is carrying a gun, rifle, or
9 pistol with the permission of the owner, lessee, or person or organization
10 sponsoring the event.
11 (4) A person registered or hired as a security guard by the owner, lessee, or person
12 or organization sponsoring the event.
13 (5) A person carrying a handgun if the person has a valid concealed handgun
14 permit issued in accordance with Article 54B of this Chapter, has a concealed
15 handgun permit considered valid under G.S. 14-415.24, or is exempt from
16 obtaining a permit pursuant to G.S. 14-415.25. A person carrying a concealed
17 handgun. This subdivision shall not be construed to permit a person to carry a
18 handgun on any premises where the person in legal possession or control of
19 the premises has posted a conspicuous notice prohibiting the carrying of a
20 concealed handgun on the premises in accordance with G.S. 14-415.11(c)."
21 SECTION 4. G.S. 14-269.4 reads as rewritten:
22 "§ 14-269.4. Weapons on certain State property and in courthouses.
23 It shall be unlawful for any person to possess, or carry, whether openly or concealed, any
24 deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in
25 the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or
26 on the grounds of any of these buildings, and in any building housing any court of the General
27 Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the
28 court, then this prohibition shall apply only to that portion of the building used for court purposes
29 while the building is being used for court purposes.
30 This section shall not apply to any of the following:
31 …
32 (6) A person with a permit issued in accordance with Article 54B of this Chapter,
33 with a permit considered valid under G.S. 14-415.24, or who is exempt from
34 obtaining a permit pursuant to G.S. 14-415.25, A person carrying a concealed
35 handgun who has a firearm in a closed compartment or container within the
36 person's locked vehicle or in a locked container securely affixed to the person's
37 vehicle. A person may unlock the vehicle to enter or exit the vehicle provided
38 the firearm remains in the closed compartment at all times and the vehicle is
39 locked immediately following the entrance or exit.
40 (7) Any person who carries or possesses an ordinary pocket knife, as defined in
41 G.S. 14-269(d), carried in a closed position into the State Capitol Building or
42 on the grounds of the State Capitol Building.
43 Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."
44 SECTION 5. G.S. 14-277.2 reads as rewritten:
45 "§ 14-277.2. Weapons at parades, etc., prohibited.
46 …
47 (d) The provisions of this section shall not apply to concealed carry of a handgun at a
48 parade or funeral procession by a person with a valid permit issued in accordance with Article
49 54B of this Chapter, with a permit considered valid under G.S. 14-415.24, or who is exempt from
50 obtaining a permit pursuant to G.S. 14-415.25. procession. This subsection shall not be construed
51 to permit a person to carry a concealed handgun on any premises where the person in legal
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1 possession or control of the premises has posted a conspicuous notice prohibiting the carrying of
2 a concealed handgun on the premises in accordance with G.S. 14-415.11(c)."
3 SECTION 6. G.S. 14-269.1 reads as rewritten:
4 "§ 14-269.1. Confiscation and disposition of deadly weapons.
5 Upon conviction of any person for violation of G.S. 14-269, G.S. 14-269.7,
6 G.S. 14-415.35(b), or any other offense involving the use of a deadly weapon of a type referred
7 to in G.S. 14-269, weapon, including a firearm, the deadly weapon with reference to which the
8 defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding
9 judge at the trial in one of the following ways in the discretion of the presiding judge.
10 …."
11 SECTION 7. G.S. 14-269.2 reads as rewritten:
12 "§ 14-269.2. Weapons on campus or other educational property.
13 …
14 (i) The provisions of this section shall not apply to an employee of an i