Bill Summaries: H674 (2025-2026 Session)

Tracking:
  • Summary date: Apr 29 2025 - View summary

    House committee substitute to the 1st edition makes the following changes. Makes conforming changes, including to act’s long title. Makes organizational changes.

    Part II.

    Makes organizational changes to GS 14-415.10 (definitions provisions). Removes conforming changes to GS 17C-6 and GS 14-269.

    Part IV.

    Clarifies that the motion that a sheriff or licensed qualified arms dealer must file under GS 50B-3.1 upon learning that a background check provides grounds precluding a defendant from owning or possessing a firearm should request that the court determine whether the defendant is precluded from owning or possessing a firearm.

    Part V.

    Enacts new GS 14-409.44, authorizing a federal firearms licensee to enter into a safety hold agreement with a firearm owner. Defines federal firearms licensee as a person licensed as a dealer, manufacturer, or importer under 18 U.S.C. § 923, and safety hold agreement as a private agreement in which a licensee takes possession of an owner’s lawfully possessed firearm at the owner's request for an agreed-upon period of time. Provides that such agreements shall not require the payment of a fee. Grants immunity to licensees for any act or omission arising from a safety hold agreement that results in personal injury or death, except for actions resulting from the negligent or reckless storage of a firearm or otherwise unlawful conduct on the part of the licensee. Provides that licensees may sell or otherwise dispose of firearms unclaimed at the termination of an agreement. Requires the State Bureau of Investigation (SBI) to develop and make available a form for such agreements. Provides that agreements are confidential and not a public record under GS Chapter 132. Clarifies that nothing in the new statute requires a licensee to take possession of an unlawfully possessed firearm or to return a firearm to a person prohibited by law from possessing it. Requires the SBI to adopt rules consistent with the act. Effective July 1, 2025.

    Part VI (was, Part V).

    Modifies the definition of defensive device under GS 115C-105.52 so that it no longer includes firearms, but instead includes a non-lethal device, in addition to the other weapons listed. Specifies that the act’s changes to GS 14-269, GS14-269.2, and GS 115C-105.52 are effective January 1, 2026, and apply to offenses committed on or after that date.

    Part VII.

    Broadens the door lock exemptions under the NC State Building Code under GS 143-143.4 so that it includes any business entity licensed to sell automatic weapons as a federal firearms dealer that is in the business of selling firearms or ammunition (currently, has to be such an entity that also operates a firing range which rents firearms and sells ammunition).


  • Summary date: Apr 3 2025 - View summary

    Part I.

    Titles the act as “The Firearms Liberty Act.”

    Part II.

    Amends GS 14-415.10 (definitions section for concealed handgun permits) to add definition for fixed duration permit and lifetime permit. Modifies the definition of permit to now account for both types of concealed handgun permits - fixed duration permits and lifetime permits. Makes organizational changes. Makes conforming change to GS 17C-6 and GS 14-269 to account for renumbering of definitions.

    Amends GS 14-415.11 (scope of concealed handgun permits) to specifically refer to fixed duration permits in those parts of the statute that reference an expiration date for the permit. Specifies that a lifetime permit is valid throughout the state until revoked or surrendered.  Requires any permit holder to notify the sheriff in the county where they reside of any change of address (currently, holder must notify the sheriff who issued the permit of a change of address).

    Amends GS 14-415.14(a) (pertaining to the permit application forms) to require permit applications to indicate the type of permit sought.

    Amends GS 14-415.15 (concerning the issuance or denial of a permit) to allow an applicant to appeal the denial of a permit or the nonrenewal of a fixed duration permit (no longer includes appeal of the revocation of a permit). Specifies that a court’s determination is final for the purpose of appeal.

    Amends GS 14-415.16 (pertaining to renewal of concealed handgun permits) to limit the renewal provisions to fixed duration permits. Allows renewal applicants to indicate whether the permit holder would like the renewal to be for a fixed duration permit or a lifetime permit. Allows an applicant to appeal the nonrenewal of a fixed duration permit.

    Makes conforming changes to GS 14-415.16A (permit extension and renewals for deployed military permittees) to make the provisions applicable to fixed duration permits only. 

    Enacts GS 14-415.16B to allow for lifetime permit holders to submit an application at any time to have that permit reissued as a fixed duration permit. Specifies application requirements, including submission and review.

    Amends GS 14-415.17 (pertaining to the sheriff’s list of concealed handgun permit holders) to refer to both types of permits. States certificate requirements of permits with regard to type and expiration. Specifies that a sheriff must submit any changes of address for permit holders to the State Bureau of Investigation for inclusion in the statewide system.

    Amends GS 14-415.18 (pertaining to reasons why a permit may be revoked) to authorize revocation when a person is no longer a resident of the state. Limits the scope of what may be appealed to the revocation of a permit (currently, revocation and nonrenewal are able to be appealed). Specifies that the court’s determination is final for the purpose of appeal.

    Amends GS 14-415.19 (permit fees) to include reissuance fees. Makes conforming changes.

    Effective December 1, 2025.

    Part III.

    Amends GS 14-415.16 to require the sheriff to waive the requirement of taking another firearms training course if the concealed carry permittee applies to renew the permit less than 180 days (was, no more than 60 days) after the permit expires. Allows waiving the requirement if the permittee applies for renewal between 180 days and one year after the permit expires; deletes the other proposed conditions. Applies to renewal applications submitted on or after October 1, 2025.

    Part IV.

    Amends GS 50B-3.1 as follows. Allows a defendant to enter into an agreement with a qualified licensed firearms dealer, after the defendant surrenders possession of all firearms, machine guns, ammunition, and permits to the sheriff pursuant to existing subsection (d), which requires the surrender upon service of a domestic violence emergency or ex parte order pursuant to GS Chapter 50B (Domestic Violence). Defines qualified licensed firearms dealer as a federally licensed firearms dealer that operates a business in a commercial building located in the state that is open to the public who regularly engages in the purchase and sale of firearms with members of the public. 

    Provides for the qualified licensed firearms dealer to take possession of the surrendered items from the custody of the sheriff if the defendant is the owner of the items and the items have been in the custody of the sheriff for at least 15 days. Requires that the defendant authorize the qualified licensed firearm dealer to submit a form created by the Administrative Office of the Courts requesting the transfer with notarized signatures of the defendant and the qualified licensed firearms dealer, and authorizing the storage or sale of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. Requires the form to include information concerning the defendant's rights to recover the surrendered items. Requires the qualified licensed firearms dealer to submit the form and a copy of the dealer's valid federal firearms license to the sheriff, who must facilitate the transfer within 24 hours. Specifies that sale proceeds are property of the defendant. Specifies that the defendant's permits remain with the sheriff. Requires the qualified licensed firearms dealer to provide a copy of the record required to be maintained under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition to the sheriff and the owner upon taking possession. Makes it a Class 2 misdemeanor for a qualified licensed firearms dealer that accepts possession to (1) release the transferred items to the defendant unless the motion for a protective order is dismissed or any order of surrender expires or (2) transfer possession to any person the dealer knows or reasonably should know will allow the defendant to exercise care, custody, possession, ownership, or control of the items. Prohibits a sheriff from charging storage fees for the first 15 days for items transferred to a qualified licensed firearms dealer.

    Makes conforming changes throughout regarding retrieval, motions to return by third-party owners, and disposal, making the provisions applicable to qualified licensed firearms dealers.

    Revises the procedure for a defendant's surrendered items to be returned. Now requires the defendant to submit a written request with the sheriff or the qualified licensed firearms dealer who has control of the firearms, ammunition, or permits (was, file a motion with the court) at the expiration of the current order or final disposition of any pending criminal charges committed against the person subject to the current protective order no later than 30 days (was, 90 days) after the expiration of the current order or final disposition of any pending criminal charge committed against the person subject to the current protective order. Upon receipt of the request, requires the sheriff or the qualified licensed firearms dealer to conduct a check through the NICS and file a motion with the court on a form created by AOC if the check provides grounds for the defendant's preclusion from owning or possessing a firearm under State or federal law, during which time the items cannot be returned to the defendant until a court rules on the motion. Requires the court to hold a hearing and rule on the motion as previously provided for motions by the defendant for return of the items, with notice required for the qualified licensed firearms dealers, as applicable. 

    Adds that a judge can order firearms and ammunition surrendered to a qualified licensed firearms dealer to be disposed of by sale by the dealer. Specifies that proceeds from the sale after deducting any costs associated with the sale and any storage fees owed to the sheriff or the qualified licensed firearms dealer must be provided to the defendant (previously, did not include deductions for storage fees from sale proceeds under this subsection). No longer requires the defendant to request proceeds from the sale by motion before or at the hearing.

    Makes conforming, organizational, and clarifying changes. 

    Effective December 1, 2025, and applies to orders issued on or after that date.

    Part V.

    Amends GS 115C-105.52 to allow a public school unit or nonpublic school to provide for a defensive device on the school’s educational property if it is stored in a defensive device storage container. Defines a defensive device as a device used to defend against the imminent use of unlawful force, and specifies that this may include a disabling chemical spray, an electronic incapacitation device, or a firearm. Defines a defensive device storage container as a locked container that is securely affixed to the premises of the educational property and accessible by a biometric lock that limits access to only authorized employees with training for any device classifications stored within the container or law enforcement officers. Allows the administrator for each school to affix one or more devices and post signs alerting the public to the presence of the containers. Requires annual training for a device classification to be eligible for biometric access to the defensive device storage container with that same classification. Provides immunity from liability from civil damages for a public school unit, nonpublic school, or authorized employee unless the act or omission amounts to gross negligence, wanton conduct, or intentional wrongdoing.

    Amends GS 14-269, which makes it illegal to willfully and intentionally carry concealed weapons, by adding an exemption for a public school unit or nonpublic school employee who: (1) has completed annual training for a device classification to access any defensive device stored in a locked container securely affixed to the premises of the educational property and accessible by a biometric lock that limits access to only authorized employees with training for defensive devices stored within the container or law enforcement officers; (2) accesses and uses a defensive device in response to a threatening situation in which force was justified.

    Amends GS 14-269.2, which prohibits weapons on campus or other educational property, by excluding a weapon that is a defensive device stored on educational property or use of those devices by authorized employees in response to a threatening situation in which force was justified.

    Amends GS 143B-1209.59 by adding to the duties of the Center for Safer Schools establishing classifications of defensive devices, and in collaboration with the North Carolina Criminal Justice Education and Training Standards Commission, establishing minimum training standards for school employees to qualify to access and use that classification of defensive device in a storage container with biometric locks. Requires the minimum training standards to be publicly available for use by law enforcement or private entities to provide training. Requires the classifications and training standards to be established by January 1, 2026.

    Allows public school units awarded school safety grants to use the funds to purchase defensive devices and storage containers, and for associated training.

    Part VI.

    Provides that prosecutions for offenses committed before the act’s effective date are not abated or affected by this act, and the statutes that would be applicable but for the act remain applicable to those prosecutions.