Bill Summaries: S708 (2015-2016 Session)

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  • Summary date: Apr 1 2015 - View summary

    Adds a new Article 54C, Homeland Security Unrestricted Concealed Handgun Permit, to GS Chapter 14. Defines the following terms as they apply to this Article: (1) carry a concealed handgun, (2) handgun, and (3) permit.

    Establishes a homeland security unrestricted concealed handgun permit. Provides that the permit is available only to persons who have a concealed handgun permit issued under Article 54B of GS Chapter 14 and who meet the additional requirements of new Article 54C.

    Provides that except as otherwise provided by federal law and GS 14-269.4, a person issued a permit under this Article (1) may carry a concealed handgun anywhere in the state, including on property with a posted notice prohibiting the carrying of a concealed handgun and (2) has the same exemption from all state prohibitions and restrictions regarding the carrying of a concealed handgun that state and local law enforcement officers have when acting in the discharge of their duties.

    Permits and a badge are to be issued by the sheriff to persons who qualify for a permit under this Article. Provides that a permit is valid for five years from the issue date.

    Requires the permit holder to carry the permit, the badge and valid identification whenever the person is carrying a concealed handgun. Requires the person with a permit under this Article to disclose to any law enforcement officer that the person has a valid permit and is carrying a concealed handgun when approached or addressed by the officer. Also requires a valid permit holder to provide notice to the sheriff of any change in address, and also inform the sheriff if a permit or badge is lost or destroyed. Makes it 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 alcohol or a controlled substance in the person's body. However, declares that a person does not violate this condition if the controlled substance was lawfully obtained and taken in therapeutically appropriate amounts or if the person is on the person's own property.

    Provides criteria that must be satisfied for a person to qualify for the issuance of a permit under this Article. Requires that an applicant satisfy all of the criteria within an 18-month period of submitting the application. Directs the sheriff to issue a permit to any applicant meeting all of the qualifications within the 18-month time frame. Requires that the applicant: (1) is 21 years of age or older; (2) is a US citizen and a resident of North Carolina for 30 days or longer immediately before filing the application; (3) has a concealed handgun permit issued under Article 54B of GS Chapter 14; (4) has successfully completed the training requirements in GS 14-415.43; (5) has had a background check conducted by the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, and Firearms, or the Department of Defense; (6) has had a mental health evaluation conducted by a physician who certifies that the applicant is not disqualified from receiving a permit by any of the mental health criteria set out in this act; and (7) is not disqualified under any of the criteria under subsection (b) of this section, GS 14-415.42.

    Subsection (b) specifies criteria that disqualifies an applicant for receiving a permit under this Article.

    Prohibits issuing a permit and badge to anyone who has not successfully completed an approved advanced carry course and a simunition class within 18 months of applying for the permit. Directs the NC Criminal Justice Education and Training Standards Commission to prepare and publish general guidelines for courses and qualifications of instructors to satisfy the requirements of this section. Provides specification as to what constitutes an approved course of study under the training requirements.

    Provides the required process for making application to obtain a permit. Requires that persons seeking a permit under this Article apply to the sheriff of the county in which the person resides. Specifies that the sheriff is to make permit applications available at the sheriff's office or at other public offices within the sheriff's jurisdiction. Also specifies the information that is to be included on the application form, including a warning that federal and state law on the possession of handguns and firearms may differ and a state permit is not a defense to a federal prosecution. Provides that the sheriff is to either deny or issue the permit within 45 days after receipt of all of the items listed in new GS 14-415.44 from the applicant.

    Includes criteria for renewing the permit and prohibits the automatic renewal of the permit.

    Requires the sheriff to retain a list of permit holders. Provides that except as provided under GS 14-415.48(c), the information collected by the sheriff to process an application for the permit and the list of permit holders are confidential and are not a public record under GS 132-1. Provides that the list is available upon request to all state and local law enforcement agencies.

    Provides that the sheriff of a county where the permit was issued or the sheriff of the county where the permit holder resides may revoke a permit subsequentto a hearing for any of a list of specified reasons including fraud or intentional misrepresentation in obtaining a permit, the misuse of a permit, the violation of the terms of this Article, or commission of an act or the existence of a condition that would have been grounds for the sheriff to deny the permit. Provides that a person may appeal the revocation or nonrenewal of a permit by petitioning a district court judge in the district where the applicant resides. Includes additional information about the appeal process.

    Provides that the fees assessed under this article are payable to the sheriff and provides a listing of the applicable fees.

    Provides that a sheriff does not incur any civil or criminal liability as the result of performing the sheriff's duty under this Article.

    Provides that violations of this Article are punishable as an infraction; sets out those violations in subsections (a) and (b) of GS 14-415.52. Makes it a Class 2 misdemeanor to violate the provisions of this Article other than as set forth in subsections (a) and (b) of GS 14-415.52.

    Makes a conforming change to GS 14-269(b) to provide that the prohibitions in that section do not apply to any person possessing a civilian marshal handgun permit issued under Article 54C of GS Chapter 14, provided that the weapon is a handgun.

    Also amends GS 14-269.4, which prohibits possessing or carrying weapons on certain state property, to include persons with concealed carry permits under Article 54C among those persons who are permitted to have a firearm in a closed compartment or container within a locked vehicle or a locked container securely affixed to the person's vehicle while on the grounds of state property as specified in this section.

    Effective December 1, 2015.