GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 810

Short Title:  1997 Personal Protection Reform Act.	(Public)

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Sponsors: Senators Webster; Ballantine, Blust, Clark, East, Garwood, Hoyle, and Ledbetter.

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Referred to:  Judiciary.

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April 10, 1997

A BILL TO BE ENTITLED
AN ACT TO RESTORE THE RIGHT AND ABILITY OF LAWFUL CITIZENS OF NORTH CAROLINA TO PROTECT THEMSELVES.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-269 is repealed.
Section 2.  Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-269A.  Carrying concealed weapons.
No person shall carry concealed about his person any deadly weapon for any illegal purpose.  Any violation of this section is a Class I felony."
Section 3.  G.S. 14-269.2 reads as rewritten:
"§ 14-269.2.  Weapons on campus or other educational property.
(a)	The following definitions apply to this section:
(1)	Educational property. – Any public or private school building or bus, public or private school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education, school, college, or university board of trustees, or directors for the administration of any public or private educational institution.
(2)	Student. – A person enrolled in a public or private school, college or university, or a person who has been suspended or expelled within the last five years from a public or private school, college or university, whether the person is an adult or a minor.
(3)	Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.
(4)	Weapon. – Any device enumerated in subsection (b) or (d) of this section.
(b)	It shall be a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(c)	It shall be a Class I 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, or any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14-284.1, on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.
(d)	It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(e)	It shall be a Class 1 misdemeanor 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 BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), and any sharp-pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.
(f)	Notwithstanding subsection (b) of this section it shall be a Class 3 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property if:
(1)	The person is not a student attending school on the educational property;
(2)	The firearm is not concealed within the meaning of G.S. 14-269;
(3)	The firearm is not loaded and is in a locked container, a locked vehicle, or a locked firearm rack which is on a motor vehicle; and
(4)	The person does not brandish, exhibit, or display the firearm in any careless, angry, or threatening manner.
(g)	This section shall not apply to:
(1)	A weapon used solely for educational or school-sanctioned ceremonial purposes, or used in a school-approved program conducted under the supervision of an adult whose supervision has been approved by the school authority;
(2)	Armed forces personnel, officers and soldiers of the militia and national guard, law-enforcement personnel, fire fighters, emergency service personnel, North Carolina Forest Service personnel, and any private police employed by an educational institution, when acting in the discharge of their official duties; 
(3)	Home schools as defined in G.S. 115C-563(a); or
(4)	A person who possesses or carries a handgun if the person has been issued a concealed handgun permit in accordance with Article 54B of this Chapter."
Section 4.  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 is unlawful for any person possessing a firearm while in an establishment licensed to dispense alcohol to possess the firearm in any portion of the establishment that is primarily devoted to the purpose of dispensing and consuming alcoholic beverages.  Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(b)	This section shall not apply to the following:
	(2)	The owner or lessee of the premises or business establishment;
(3)	A person participating in the event, if he 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 who is an officer or enlisted personnel in the armed forces of the United States when in the discharge of his or her official duties and acting under orders requiring him or her to carry arms and weapons;
(6)	A civil officer of the United States while in the discharge of the officer's official duties;
(7)	An officer or soldier of the militia or national guard when called into actual service;
(8)	An officer of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of the officer's official duties; or
(9)	A sworn law enforcement officer who is authorized by the officer's employing agency to carry a firearm."
Section 5.  G.S. 14-277.2 is repealed.
Section 6.  G.S. 14-288.8(b) reads as rewritten:
"(b)	This section does not apply to:
(1)	Persons described in the provisions of G.S. 14-269.3(5) through (9) with respect to any activities lawfully engaged in while carrying out their duties.
(2)	Importers, manufacturers, dealers, and collectors of firearms, ammunition, or destructive devices validly licensed under the laws of the United States or the State of North Carolina, while lawfully engaged in activities authorized under their licenses.
(3)	Persons under contract with the United States, the State of North Carolina, or any agency of either government, with respect to any activities lawfully engaged in under their contracts.
(4)	Inventors, designers, ordnance consultants and researchers, chemists, physicists, and other persons lawfully engaged in pursuits designed to enlarge knowledge or to facilitate the creation, development, or manufacture of weapons of mass death and destruction intended for use in a manner consistent with the laws of the United States and the State of North Carolina."
Section 7.  G.S. 14-409.40 reads as rewritten:
"§ 14-409.40.  Statewide uniformity of local regulation.
(a)	It is declared by the General Assembly that the regulation of firearms is properly an issue of general, statewide concern, and that the entire field of regulation of firearms is preempted from regulation by local governments except as provided by this section.
(b)	Unless otherwise permitted by statute, no county or municipality, by ordinance, resolution, or other enactment, shall regulate in any manner the possession, ownership, storage, transfer, sale, purchase, licensing, or registration of firearms, firearms ammunition, components of firearms, dealers in firearms, or dealers in handgun components or parts.
(c)	Notwithstanding subsection (b) of this section, a county or municipality may regulate or prohibit the sale of firearms at a location only if there is a lawful, general, similar regulation or prohibition of commercial activities at that location. Nothing in this subsection shall restrict the right of a county or municipality to adopt a general zoning plan that prohibits any commercial activity within a fixed distance of a school or other educational institution except with a special use permit issued for a commercial activity found not to pose a danger to the health, safety, or general welfare of persons attending the school or educational institution within the fixed distance.
(d)	No county or municipality shall regulate in any manner firearms shows with regulations more stringent than those applying to shows of other types of items.
(e)	A county or municipality may regulate the transport, carrying, or possession of firearms by employees of the local unit of government in the course of their employment with that local unit of government.
(f)	Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in declared states of emergency under Article 36A of this Chapter."
Section 8.  G.S. 14-415.22 reads as rewritten:
"§ 14-415.22.  Construction of Article.
This Article shall not be construed to require a person who may carry a concealed handgun under the provisions of 	G.S. 14-269.3(b)(5) through (9) to obtain a concealed handgun permit."
Section 9.  G.S. 14-415.23 reads as rewritten:
"§ 14-415.23.  Statewide uniformity.
It is the intent of the General Assembly to prescribe a uniform system for the regulation of legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards, or agencies of the State nor any county, city, municipality, municipal corporation, town, township, village, nor any department or agency thereof, may enact ordinances, rules, or regulations concerning legally carrying a concealed handgun. "
Section 10.  This act becomes effective December 1, 1997.