GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
S	6
SENATE BILL 680
 Judiciary II Committee Substitute Adopted 4/25/01
 Finance Committee Substitute Adopted 6/26/01 
Fourth Edition Engrossed 6/27/01 
 House Committee Substitute Favorable 8/1/01 
 House Committee Substitute #2 Favorable 10/8/01 

Short Title:	Lawful Firearm Activities Protected.	()	
Sponsors:	     	
Referred to:	     	
March 26, 2001

A BILL TO BE ENTITLED
AN ACT TO PROVIDE THAT ONLY THE STATE MAY BRING CERTAIN CIVIL ACTIONS AGAINST FIREARMS OR AMMUNITION MARKETERS, MANUFACTURERS, DISTRIBUTORS, DEALERS, SELLERS, OR TRADE ASSOCIATIONS, TO AMEND THE LAW REGARDING CONCEALED HANDGUN PERMIT FEES, AND TO PROVIDE RECIPROCAL CONCEALED HANDGUN RIGHTS TO CONCEALED HANDGUN PERMIT HOLDERS OF OTHER STATES.  

The General Assembly of North Carolina enacts:
SECTION 1.  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, by zoning or other ordinance, 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, by zoning or other ordinance, 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.
(g)	The authority to bring suit and the right to recover against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association by or on behalf of any governmental unit, created by or pursuant to an act of the General Assembly or the Constitution, or any department, agency, or authority thereof, for damages, abatement, injunctive relief, or any other remedy resulting from or relating to the lawful design, marketing, manufacture, distribution, sale, or transfer of firearms or ammunition to the public is reserved exclusively to the State. Any action brought by the State pursuant to this section shall be brought by the Attorney General on behalf of the State. This section shall not prohibit a political subdivision or local governmental unit from bringing an action against any firearms or ammunition marketer, manufacturer, distributor, dealer, seller, or trade association for breach of contract or warranty for defect of materials or workmanship as to firearms or ammunition purchased by the political subdivision or local governmental unit."
SECTION 2. 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	$80.00
Renewal fee	$75.00
Age 70 renewal fee	$5.00
Duplicate permit fee	$15.00
Except in the case of a renewal issued to an individual who is at least 70 years of age, the county finance officer shall remit forty‑five dollars ($45.00) of each new application fee and forty dollars ($40.00) of each 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 thirty‑five dollars ($35.00) 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 2A.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14-415.24. Reciprocity; out-of-state handgun permits.
(a)	A valid concealed handgun permit or license issued by another state is valid in North Carolina if that state both:
(1)	Grants permits pursuant to requirements substantially equal to the requirements set forth in G.S. 14-415.12.
(2)	Grants the same right to residents of North Carolina who have valid concealed handgun permits issued pursuant to this Article in their possession while carrying concealed weapons in that state.
(b)	The Attorney General shall determine which states meet the requirements of this section, maintain a registry of such states on the North Carolina Criminal Information Network, and make the registry available to law enforcement officers for investigative purposes.
(c)	The provisions of G.S. 14-415.11(a) and (c) apply to a nonresident whose concealed handgun permit or license from another state is honored by North Carolina in accordance with the reciprocity provisions of this section.
(d)	 The Department of Justice shall, not later than 30 days after November 15, 2001, and not less than once every six months thereafter, make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit, and (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state."
SECTION 3. The provisions of this act are severable. If any provision of this act is held invalid by a court of competent jurisdiction, the invalidity does not affect other provisions of the act that can be given effect without the invalid provision.
SECTION 4.  Section 1 of this act is effective when it becomes law and applies to any action pending or filed on or after that date.  Section 2 of this act becomes effective December 1, 2001, and applies to fees assessed on or after that date. G.S. 14‑415.24(b), as enacted by Section 2A of this act, is effective when this act becomes law.  The Attorney General shall implement G.S. 14‑415.24(b), as enacted by Section 2A of this act, within 60 days after this act becomes law.  The remainder of G.S. 14‑415.24, as enacted by Section 2A of this act, becomes effective 60 days after this act becomes law. Sections 3 and 4 of this act are effective when they become law.