H.B. 578
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 14, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH40351-ML-69
Short Title: Concealed Carry/Lawful Purpose. (Public)
Sponsors: Representative Pittman.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO ALLOW THE CONCEALED CARRY OF A PISTOL OR GUN EXCEPT
3 WHERE THE PISTOL OR GUN IS BEING CARRIED FOR AN ILLEGAL PURPOSE.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 14-269 reads as rewritten:
6 "§ 14-269. Carrying concealed weapons.
7 …
8 (a1) It shall be unlawful for any person willfully and intentionally to carry concealed about
9 his or her person any pistol or gun except in the following circumstances:for an illegal purpose.
10 (1) The person is on the person's own premises.
11 (2) The deadly weapon is a handgun, the person has a concealed handgun permit
12 issued in accordance with Article 54B of this Chapter or considered valid
13 under G.S. 14-415.24, and the person is carrying the concealed handgun in
14 accordance with the scope of the concealed handgun permit as set out in
15 G.S. 14-415.11(c).
16 (3) The deadly weapon is a handgun and the person is a military permittee as
17 defined under G.S. 14-415.10(2a) who provides to the law enforcement
18 officer proof of deployment as required under G.S. 14-415.11(a).
19 (a2) This prohibition does not apply to a person who has a concealed handgun permit
20 issued in accordance with Article 54B of this Chapter, has a concealed handgun permit
21 considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to
22 G.S. 14-415.25, provided the weapon is a handgun, is in a closed compartment or container
23 within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by
24 State government. A person may unlock the vehicle to enter or exit the vehicle, provided the
25 handgun remains in the closed compartment at all times and the vehicle is locked immediately
26 following the entrance or exit.
27 (b) This The prohibition set forth in subsection (a) of this section shall not apply to any
28 of the following persons:
29 (1) Officers and enlisted personnel of the Armed Forces of the United States when
30 in discharge of their official duties as such and acting under orders requiring
31 them to carry arms and weapons;weapons.
32 (2) Civil and law enforcement officers of the United States;States.
33 (3) Officers and soldiers of the militia and the National Guard when called into
34 actual service;service.
35 (3a) A member of the North Carolina National Guard who has been designated in
36 writing by the Adjutant General, State of North Carolina, who has a concealed
*DRH40351-ML-69*
General Assembly Of North Carolina Session 2021
1 handgun permit issued in accordance with Article 54B of this Chapter or
2 considered valid under G.S. 14-415.24, and is acting in the discharge of his or
3 her official duties, provided that the member does not carry a concealed
4 weapon while consuming alcohol or an unlawful controlled substance or while
5 alcohol or an unlawful controlled substance remains in the member's body.
6 (4) Officers of the State, or of any county, city, town, or company police agency
7 charged with the execution of the laws of the State, when acting in the
8 discharge of their official duties;duties.
9 (4a) Any person who is a district attorney, an assistant district attorney, or an
10 investigator employed by the office of a district attorney and who has a
11 concealed handgun permit issued in accordance with Article 54B of this
12 Chapter or considered valid under G.S. 14-415.24; provided that the person
13 shall not carry a concealed weapon at any time while in a courtroom or while
14 consuming alcohol or an unlawful controlled substance or while alcohol or an
15 unlawful controlled substance remains in the person's body. The district
16 attorney, assistant district attorney, or investigator shall secure the weapon in
17 a locked compartment when the weapon is not on the person of the district
18 attorney, assistant district attorney, or investigator. Notwithstanding the
19 provisions of this subsection, a district attorney may carry a concealed weapon
20 while in a courtroom;courtroom.
21 (4b) Any person who is a qualified retired law enforcement officer as defined in
22 G.S. 14-415.10 and meets any one of the following conditions:
23 a. Is the holder of a concealed handgun permit in accordance with Article
24 54B of this Chapter.
25 b. Is exempt from obtaining a permit pursuant to G.S. 14-415.25.
26 c. Is certified by the North Carolina Criminal Justice Education and
27 Training Standards Commission pursuant to
28 G.S. 14-415.26;G.S. 14-415.26.
29 (4c) Detention personnel or correctional officers employed by the State or a unit
30 of local government who park a vehicle in a space that is authorized for their
31 use in the course of their duties may transport a firearm to the parking space
32 and store that firearm in the vehicle parked in the parking space, provided that:
33 (i) the firearm is in a closed compartment or container within the locked
34 vehicle, or (ii) the firearm is in a locked container securely affixed to the
35 vehicle;vehicle.
36 (4d) Any person who is a North Carolina district court judge, North Carolina
37 superior court judge, or a North Carolina magistrate and who has a concealed
38 handgun permit issued in accordance with Article 54B of this Chapter or
39 considered valid under G.S. 14-415.24; provided that the person shall not
40 carry a concealed weapon at any time while consuming alcohol or an unlawful
41 controlled substance or while alcohol or an unlawful controlled substance
42 remains in the person's body. The judge or magistrate shall secure the weapon
43 in a locked compartment when the weapon is not on the person of the judge
44 or magistrate;magistrate.
45 (4e) Any person who is serving as a clerk of court or as a register of deeds and who
46 has a concealed handgun permit issued in accordance with Article 54B of this
47 Chapter or considered valid under G.S. 14-415.24; provided that the person
48 shall not carry a concealed weapon at any time while consuming alcohol or an
49 unlawful controlled substance or while alcohol or an unlawful controlled
50 substance remains in the person's body. The clerk of court or register of deeds
51 shall secure the weapon in a locked compartment when the weapon is not on
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General Assembly Of North Carolina Session 2021
1 the person of the clerk of court or register of deeds. This subdivision does not
2 apply to assistants, deputies, or other employees of the clerk of court or
3 register of deeds;deeds.
4 (5) Sworn law-enforcement officers, when off-duty, provided that an officer does
5 not carry a concealed weapon while consuming alcohol or an unlawful
6 controlled substance or while alcohol or an unlawful controlled substance
7 remains in the officer's body;body.
8 …
9 (b1) It is a defense to a prosecution under this section that:that all of the following
10 conditions were met:
11 (1) The weapon was not a firearm;firearm.
12 (2) The defendant was engaged in, or on the way to or from, an activity in which
13 the defendant legitimately used the weapon;weapon.
14 (3) The defendant possessed the weapon for that legitimate use; anduse.
15 (4) The defendant did not use or attempt to use the weapon for an illegal purpose.
16 The burden of proving this defense is on the defendant.
17 (b2) It is a defense to a prosecution under this section that:
18 (1) The deadly weapon is a handgun;
19 (2) The defendant is a military permittee as defined under G.S. 14-415.10(2a);
20 and
21 (3) The defendant provides to the court proof of deployment as defined under
22 G.S. 14-415.10(3a).
23 …."
24 SECTION 2. This act becomes effective December 1, 2021, and applies to offenses
25 committed on or after that date.
DRH40351-ML-69 Page 3
Statutes affected: Filed: 14-269
Edition 1: 14-269