GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1997

S	1 

SENATE BILL 991

Short Title:  Concealed Handgun Amendments.	(Public)

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Sponsors: Senator McDaniel.

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Referred to:  Judiciary.

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April 21, 1997

A BILL TO BE ENTITLED
AN ACT TO CORRECT FLAWS IN THE CONCEALED HANDGUN PERMIT LAWS THAT IMPAIR THE ABILITY OF LAWFUL CITIZENS TO CARRY FIREARMS FOR SELF-PROTECTION.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-415.11 reads as rewritten:
"§ 14-415.11.  Permit to carry concealed handgun; scope of permit.
(a)	Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer.
(b)	The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies for a permit under G.S. 14-415.12. The permit shall be valid throughout the State for a period of four years from the date of issuance.
(c)	A permit does not authorize a person to carry a concealed handgun in the areas prohibited by G.S. 14-269.2 and G.S. 14-269.4 in an area prohibited by rule adopted under G.S. 120-32.1, in any area prohibited by 18 U.S.C. § 922 or any other federal law, in a law enforcement or correctional facility, in a building housing only State or federal offices, in an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government, or any other premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises. It shall be unlawful for a person, with or without a permit, to carry a concealed handgun while consuming alcohol or at any time while the person has remaining in his body any alcohol or in his blood a controlled substance previously consumed, but a person does not violate this condition if a controlled substance in his blood was lawfully obtained and taken in therapeutically appropriate amounts.
(d)	A person who is issued a permit shall notify the sheriff who issued the permit of any change in the person's permanent address within 30 days after the change of address. If a permit is lost or destroyed, the person to whom the permit was issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the permit was lost or destroyed and paying the required duplicate permit fee.
(e)	It shall be unlawful for any person possessing a firearm while in an establishment licensed to dispense alcoholic beverages for on-premises consumption to remain in any portion of said establishment which is primarily devoted to the purpose of dispensing and consuming alcoholic beverages.  Any person violating this provision shall be guilty of a Class 1 misdemeanor."
Section 2. G.S. 14-415.12(b) reads as rewritten:
"(b)	The sheriff shall deny a permit to an applicant who:
(1)	Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2)	Is under indictment or against whom a finding of probable cause exists for a felony.
(3)	Has been adjudicated guilty in any court of a felony.
(4)	Is a fugitive from justice.
(5)	Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6)	Is currently, or has been previously adjudicated or administratively determined to be, lacking mental capacity or mentally ill, unless the applicant provides documentation from a psychologist or psychiatrist that the person is no longer under such disability.
(7)	Is or has been discharged from the armed forces under dishonorable conditions.
(8)	Is or has been adjudicated guilty of or received a suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14-225.2, 14-226.1, 14-258.1, 14-276.1, 14-277, 14-277.1, 14-277.3, 14-283, 14-288.2, 14-288.4(a)(1) or (2), 14-288.6, 14-288.9, 14-288.12, 14-288.13, 14-288.14, 14-318.2, or 14-415.21(b) unless five years have passed since the conviction.
(9)	Has had entry of a prayer for judgment continued for a  felony.
(10)	Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.
(11)	Has been convicted of an impaired driving offense under G.S. 20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted."
Section 3.  G.S. 14-415.15(a) reads as rewritten:
"(a)	Except as permitted under subsection (b) of this section, within 45 days after receipt of the items listed in G.S. 14-415.13 from an applicant, the sheriff shall issue the permit, deny the permit, or if the record check is not complete, grant a temporary permit that is valid until the sheriff has completed the investigation, at which time the sheriff shall either issue or deny the permit.  The sheriff may conduct record checks to determine the qualification or competency of the person applying for the permit."
Section 4.  G.S. 14-415.16 reads as rewritten:
"§ 14-415.16.  Renewal of permit.
The holder of a permit shall apply to renew the permit at least 30 days prior to its expiration date by filing with the sheriff of the county in which the person resides a renewal form provided by the sheriff's office, a notarized affidavit stating that the permittee remains qualified under the criteria provided in this Article, a newly administered full set of the permittee's fingerprints, and a renewal fee. Upon receipt of the completed renewal application, including the permittee's fingerprints, and the appropriate payment of fees, the sheriff shall determine if the permittee remains qualified to hold a permit in accordance with the provisions of G.S. 14-415.12. The permittee's criminal history shall be updated, and the sheriff shall waive the requirement of taking another firearms safety and training course. If the permittee applies for a renewal of the permit within 30 days of its expiration date and if the permittee remains qualified to have a permit under G.S. 14-415.12, the sheriff shall renew the permit."
Section 5.  G.S. 14-415.19(a) reads as rewritten:
"(a)	The permit fees assessed under this Article are payable to the sheriff. The sheriff shall transmit the proceeds of these fees to the county finance officer to be remitted or credited by the county finance officer in accordance with the provisions of this subsection. The permit fees are as follows:
Application fee 	$65.00
        	Renewal fee 	$65.00
Duplicate permit fee	$15.00
The county finance officer shall remit fifty dollars ($50.00) of each application or renewal fee to the North Carolina Department of Justice for the costs of State and federal criminal record checks performed in connection with processing applications and for the implementation of the provisions of this Article. The remaining fifteen dollars ($15.00) of each application or renewal fee shall be used by the sheriff to pay the costs of administering this Article and for other law enforcement purposes. The county shall expend the restricted funds for these purposes only."
Section 6.  G.S. 14-415.20 reads as rewritten:
"§ 14-415.20.  No liability of sheriff and certain other persons.
(a)	A sheriff who issues or refuses to issue a permit to carry a concealed handgun under this Article shall not incur any civil or criminal liability as the result of the performance of the sheriff's duties under this Article.
(b)	No person, organization, corporation, or entity shall incur any civil or criminal liability for injuries and/or damage occurring on their premises that is caused by the negligent and/or intentional discharge of a firearm by a concealed handgun permit holder.  This section shall not be construed to bar any cause of action against the permit holder or those under whose control they are operating."
Section 7.  G.S. 14-415.21 reads as rewritten:
"§ 14-415.21.  Violations of this Article punishable as an infraction and a Class 2 misdemeanor.
(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 for the first offense and shall be punished in accordance with G.S. 14-3.1. In lieu of paying a fine for the first offense, the person may surrender the permit. Subsequent offenses for failing to carry a valid permit or for failing to make the necessary disclosures to a law enforcement officer as required by G.S. 14-415.11 shall be punished in accordance with subsection (b) of this section.
(b)	A person who violates the provisions of this Article other than as set forth in subsections (a) and (c) of this section is guilty of a Class 2 misdemeanor.
(c)	A person who carries a concealed handgun upon premises that have been posed in accordance with G.S. 14-415.11(c) shall be guilty of an infraction."
Section 8.  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. A unit of local government may adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun, in accordance with G.S. 14-415.11(c), on local government buildings."
Section 9.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-415.24.  Reciprocity of concealed handgun permits.
Any permit issued by a state which recognizes a permit issued in accordance with this Article or which otherwise allows North Carolina citizens to carry concealed handguns shall be recognized in this State under the terms and conditions of that permit."
Section 10.  G.S. 14-269.2(g) reads as rewritten:
"(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 weapon that is possessed by a holder of a permit issued pursuant to Article 54B of this Chapter and that is secured in a locked container."
Section 11.  This act becomes effective December 1, 1997.