North Carolina 2025-2026 Regular Session

North Carolina House Bill H470 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 470
	3	+	H D
	4	+	HOUSE BILL DRH40192-ML-95
	5	+
5	6
6	7
7	8		Short Title: The Second Amendment Protection Act. (Public)
8		-	Sponsors: Representatives Echevarria, Kidwell, Biggs, and Huneycutt (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	March 24, 2025
12		-	H470 -v-1
	9	+	Sponsors: Representative Echevarria.
	10	+	Referred to:
	11	+
	12	+	DRH40192 -ML-95
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO ENACT THE SECOND AMENDMENT PROTECTION ACT . 2
15	15		The General Assembly of North Carolina enacts: 3
16	16		SECTION 1. This act shall be known as "The Second Amendment Protection Act." 4
17	17		SECTION 2. Article 53B of Chapter 14 of the General Statutes is amended by adding 5
18	18		a new section to read: 6
19	19		"§ 14-409.44. Prohibition on enforcing federal firearms laws. 7
20	20		(a) Findings. – The General Assembly finds all of the following: 8
21	21		(1) The General Assembly is firmly resolved to support and defend the United 9
22	22		States Constitution against every aggression, whether foreign or domestic, and 10
23	23		is duty-bound to oppose every infraction of those principles that constitute the 11
24	24		basis of the union of the states because only a faithful observance of those 12
25	25		principles can secure the union's existence and the public happiness. 13
26	26		(2) Acting through the United States Constitution, the people of the several states 14
27	27		created the federal government to be their agent in the exercise of a few 15
28	28		defined powers, while reserving for the state governments the power to 16
29	29		legislate on matters concerning the lives, liberties, and properties of citizens 17
30	30		in the ordinary course of affairs. 18
31	31		(3) The limitation of the federal government's power is affirmed under the Tenth 19
32	32		Amendment to the United States Constitution, which defines the total scope 20
33	33		of federal powers as being those which have been delegated by the people of 21
34	34		the several states to the federal government, and all powers not delegated to 22
35	35		the federal government in the United States Constitution are reserved to the 23
36	36		states respectively or the people themselves. 24
37	37		(4) If the federal government assumes powers that the people did not grant it in 25
38	38		the United States Constitution, its acts are unauthoritative and of no force. 26
39	39		(5) The several states of the United States respect the proper role of the federal 27
40	40		government but reject the proposition that such respect requires unlimited 28
41	41		submission. 29
42	42		(6) If the federal government, created by a compact among the states, were the 30
43	43		exclusive or final judge of the extent of the powers granted to it by the states 31
44	44		through the United States Constitution, the federal government's discretion, 32
45	45		and not the United States Constitution, would necessarily become the measure 33
46	46		of those powers. To the contrary, as in all other cases of compacts among 34
47		-	powers having no common judge, each party has an equal right to judge for 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 470-First Edition
49		-	itself as to whether infractions of the compact have occurred, as well as to 1
50		-	determine the mode and measure of redress. Although the several states have 2
51		-	granted supremacy to laws and treaties made under the powers granted in the 3
52		-	United States Constitution, such supremacy does not extend to various federal 4
53		-	statutes, executive orders, administrative orders, court orders, rules, 5
54		-	regulations, or other actions that collect data or restrict or prohibit the 6
55		-	manufacture, ownership, and use of firearms, firearm accessories, or 7
56		-	ammunition exclusively within the borders of North Carolina; such statutes, 8
57		-	executive orders, administrative orders, court orders, rules, regulations, and 9
58		-	other actions exceed the powers granted to the federal government except to 10
59		-	the extent they are necessary and proper for governing and regulating the 11
60		-	United States Armed Forces or for organizing, arming, and disciplining militia 12
61		-	forces actively employed in the service of the United States Armed Forces. 13
62		-	(7) The people of the several states have given Congress the power "to regulate 14
63		-	commerce with foreign nations, and among the several states," but "regulating 15
64		-	commerce" does not include the power to limit citizens' right to keep and bear 16
65		-	arms in defense of their families, neighbors, persons, or property nor to dictate 17
66		-	what sort of arms and accessories law-abiding citizens may buy, sell, 18
67		-	exchange, or otherwise possess within the borders of this State. 19
68		-	(8) The people of the several states also have granted Congress the power "to lay 20
69		-	and collect taxes, duties, imports, and excises, to pay the debts, and provide 21
70		-	for the common defense and general welfare of the United States" and "to 22
71		-	make all laws which shall be necessary and proper for carrying into execution 23
72		-	the powers vested by the United States Constitution in the government of the 24
73		-	United States, or in any department or office thereof." These constitutional 25
74		-	provisions merely identify the means by which the federal government may 26
75		-	execute its limited powers and shall not be construed to grant unlimited power 27
76		-	because to do so would be to destroy the carefully constructed equilibrium 28
77		-	between the federal and state governments. Consequently, the General 29
78		-	Assembly rejects any claim that the taxing and spending powers of Congress 30
79		-	may be used to diminish in any way the right of the people to keep and bear 31
80		-	arms. 32
81		-	(9) The General Assembly finds that the federal excise tax rate on arms and 33
82		-	ammunition, which funds programs under the Wildlife Restoration Act, does 34
83		-	not have a chilling effect on the purchase or ownership of such arms and 35
84		-	ammunition. 36
85		-	(10) The people of North Carolina have vested the General Assembly with the 37
86		-	authority to regulate the manufacture, possession, exchange, and use of 38
87		-	firearms within the borders of this State, subject only to the limits imposed by 39
88		-	the Second Amendment to the United States Constitution and the Constitution 40
89		-	of North Carolina. 41
90		-	(11) The General Assembly strongly promotes responsible gun ownership, 42
91		-	including parental supervision of minors in the proper use, storage, and 43
92		-	ownership of all firearms; the prompt reporting of stolen firearms; and the 44
93		-	proper enforcement of all State gun laws. The General Assembly hereby 45
94		-	condemns any unlawful transfer of firearms and the use of any firearm in any 46
95		-	criminal or unlawful activity. 47
96		-	(b) Definitions. – The following definitions apply in this section: 48
97		-	(1) Law-abiding citizen. – A person who is not otherwise precluded under State 49
98		-	law from possessing a firearm and shall not be construed to include anyone 50
99		-	who is not legally present in the United States or this State. 51 General Assembly Of North Carolina Session 2025
100		-	House Bill 470-First Edition Page 3
101		-	(2) Law enforcement officer. – As defined in G.S. 66-420. 1
102		-	(3) Material aid or support. – Voluntarily giving or allowing others to make use 2
103		-	of lodging, communications equipment or services including social media 3
104		-	accounts, facilities, weapons, personnel, transportation, clothing, or other 4
105		-	physical assets. This term does not include giving or allowing the use of 5
106		-	medicine or other materials necessary to treat physical injuries nor shall the 6
107		-	term include any assistance provided to help persons escape a serious, present 7
108		-	risk of life-threatening injury. 8
109		-	(4) Political subdivision. – A city, county, town, or any other body corporate and 9
110		-	politic responsible for governmental activities in a geographic area smaller 10
111		-	than that of the State. 11
112		-	(5) Public office. – Any agency, department, public institution, political 12
113		-	subdivision, or other organized body, office, or entity established by the laws 13
114		-	of this State for the exercise of any function of government. 14
115		-	(6) Public officer. – All officers, employees, or duly authorized representatives or 15
116		-	agents of a public office. 16
117		-	(c) Prohibition. – Notwithstanding any provision of law to the contrary, no public officer 17
118		-	or employee of the State or a political subdivision of the State shall do either of the following: 18
119		-	(1) Enforce, attempt to enforce, or participate in any way in the enforcement of 19
120		-	any federal acts, executive orders, administrative orders, rules, regulations, 20
121		-	statutes, or ordinances regarding firearms, firearm accessories, or 21
122		-	ammunition. 22
123		-	(2) Accede to a request from another to give material aid or support to the efforts 23
124		-	of the other in the enforcement of or implementation of any federal acts, 24
125		-	executive orders, administrative orders, rules, regulations, statutes, or 25
126		-	ordinances regarding firearms, firearm accessories, or ammunition. 26
127		-	(d) Immunity. – Sovereign, official, or qualified immunity shall not be an affirmative 27
128		-	defense in any action brought under this section. 28
129		-	(e) Violation by Law Enforcement. – Notwithstanding any provision of law to the 29
130		-	contrary, if the State or a political subdivision employs a law enforcement officer who knowingly 30
131		-	violates subsection (c) of this section, the State or political subdivision shall be liable to the 31
132		-	injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject 32
133		-	to a fifty-thousand-dollar ($50,000) civil penalty per occurrence. 33
134		-	(f) Injunctive Relief. – Any person injured under this section shall have standing to 34
135		-	pursue an action for injunctive relief in a court of competent jurisdiction with respect to the 35
136		-	actions of such officer. The court shall hold a hearing on the motion for temporary restraining 36
137		-	order and preliminary injunction within 30 days of service of the petition. In such actions, 37
138		-	notwithstanding any provision of law to the contrary, the court may award the prevailing party, 38
139		-	other than the State or any political subdivision, reasonable attorneys' fees and costs. 39
140		-	(g) Exceptions. – Neither of the following is considered a violation of this section: 40
141		-	(1) Providing material aid to federal officials who are in pursuit of a suspect when 41
142		-	there is a demonstrable criminal nexus with another state or country and such 42
143		-	suspect is either not a citizen of this State or is not present in this State. 43
144		-	(2) Providing material aid to federal prosecutions for either of the following: 44
145		-	a. Felony crimes against a person when such prosecution includes 45
146		-	weapons violations substantially similar to those found in this Chapter, 46
147		-	so long as such weapons violations are merely ancillary to such 47
148		-	prosecution. 48
149		-	b. Class A or Class B felony violations, as designated under federal law, 49
150		-	substantially similar to those found in Chapter 90 of the General 50
151		-	Statutes, when such prosecution includes weapons violations 51 General Assembly Of North Carolina Session 2025
152		-	Page 4 House Bill 470-First Edition
	47	+	powers having no common judge, each party has an equal right to judge for 35
	48	+	itself as to whether infractions of the compact have occurred, as well as to 36
	49	+	H.B. 470
	50	+	Mar 20, 2025
	51	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRH40192-ML-95
	53	+	determine the mode and measure of redress. Although the several states have 1
	54	+	granted supremacy to laws and treaties made under the powers granted in the 2
	55	+	United States Constitution, such supremacy does not extend to various federal 3
	56	+	statutes, executive orders, administrative orders, court orders, rules, 4
	57	+	regulations, or other actions that collect data or restrict or prohibit the 5
	58	+	manufacture, ownership, and use of firearms, firearm accessories, or 6
	59	+	ammunition exclusively within the borders of North Carolina; such statutes, 7
	60	+	executive orders, administrative orders, court orders, rules, regulations, and 8
	61	+	other actions exceed the powers granted to the federal government except to 9
	62	+	the extent they are necessary and proper for governing and regulating the 10
	63	+	United States Armed Forces or for organizing, arming, and disciplining militia 11
	64	+	forces actively employed in the service of the United States Armed Forces. 12
	65	+	(7) The people of the several states have given Congress the power "to regulate 13
	66	+	commerce with foreign nations, and among the several states," but "regulating 14
	67	+	commerce" does not include the power to limit citizens' right to keep and bear 15
	68	+	arms in defense of their families, neighbors, persons, or property nor to dictate 16
	69	+	what sort of arms and accessories law-abiding citizens may buy, sell, 17
	70	+	exchange, or otherwise possess within the borders of this State. 18
	71	+	(8) The people of the several states also have granted Congress the power "to lay 19
	72	+	and collect taxes, duties, imports, and excises, to pay the debts, and provide 20
	73	+	for the common defense and general welfare of the United States" and "to 21
	74	+	make all laws which shall be necessary and proper for carrying into execution 22
	75	+	the powers vested by the United States Constitution in the government of the 23
	76	+	United States, or in any department or office thereof." These constitutional 24
	77	+	provisions merely identify the means by which the federal government may 25
	78	+	execute its limited powers and shall not be construed to grant unlimited power 26
	79	+	because to do so would be to destroy the carefully constructed equilibrium 27
	80	+	between the federal and state governments. Consequently, the General 28
	81	+	Assembly rejects any claim that the taxing and spending powers of Congress 29
	82	+	may be used to diminish in any way the right of the people to keep and bear 30
	83	+	arms. 31
	84	+	(9) The General Assembly finds that the federal excise tax rate on arms and 32
	85	+	ammunition, which funds programs under the Wildlife Restoration Act, does 33
	86	+	not have a chilling effect on the purchase or ownership of such arms and 34
	87	+	ammunition. 35
	88	+	(10) The people of North Carolina have vested the General Assembly with the 36
	89	+	authority to regulate the manufacture, possession, exchange, and use of 37
	90	+	firearms within the borders of this State, subject only to the limits imposed by 38
	91	+	the Second Amendment to the United States Constitution and the Constitution 39
	92	+	of North Carolina. 40
	93	+	(11) The General Assembly strongly promotes responsible gun ownership, 41
	94	+	including parental supervision of minors in the proper use, storage, and 42
	95	+	ownership of all firearms; the prompt reporting of stolen firearms; and the 43
	96	+	proper enforcement of all State gun laws. The General Assembly hereby 44
	97	+	condemns any unlawful transfer of firearms and the use of any firearm in any 45
	98	+	criminal or unlawful activity. 46
	99	+	(b) Definitions. – The following definitions apply in this section: 47
	100	+	(1) Law-abiding citizen. – A person who is not otherwise precluded under State 48
	101	+	law from possessing a firearm and shall not be construed to include anyone 49
	102	+	who is not legally present in the United States or this State. 50
	103	+	(2) Law enforcement officer. – As defined in G.S. 66-420. 51 General Assembly Of North Carolina Session 2025
	104	+	DRH40192-ML-95 Page 3
	105	+	(3) Material aid or support. – Voluntarily giving or allowing others to make use 1
	106	+	of lodging, communications equipment or services including social media 2
	107	+	accounts, facilities, weapons, personnel, transportation, clothing, or other 3
	108	+	physical assets. This term does not include giving or allowing the use of 4
	109	+	medicine or other materials necessary to treat physical injuries nor shall the 5
	110	+	term include any assistance provided to help persons escape a serious, present 6
	111	+	risk of life-threatening injury. 7
	112	+	(4) Political subdivision. – A city, county, town, or any other body corporate and 8
	113	+	politic responsible for governmental activities in a geographic area smaller 9
	114	+	than that of the State. 10
	115	+	(5) Public office. – Any agency, department, public institution, political 11
	116	+	subdivision, or other organized body, office, or entity established by the laws 12
	117	+	of this State for the exercise of any function of government. 13
	118	+	(6) Public officer. – All officers, employees, or duly authorized representatives or 14
	119	+	agents of a public office. 15
	120	+	(c) Prohibition. – Notwithstanding any provision of law to the contrary, no public officer 16
	121	+	or employee of the State or a political subdivision of the State shall do either of the following: 17
	122	+	(1) Enforce, attempt to enforce, or participate in any way in the enforcement of 18
	123	+	any federal acts, executive orders, administrative orders, rules, regulations, 19
	124	+	statutes, or ordinances regarding firearms, firearm accessories, or 20
	125	+	ammunition. 21
	126	+	(2) Accede to a request from another to give material aid or support to the efforts 22
	127	+	of the other in the enforcement of or implementation of any federal acts, 23
	128	+	executive orders, administrative orders, rules, regulations, statutes, or 24
	129	+	ordinances regarding firearms, firearm accessories, or ammunition. 25
	130	+	(d) Immunity. – Sovereign, official, or qualified immunity shall not be an affirmative 26
	131	+	defense in any action brought under this section. 27
	132	+	(e) Violation by Law Enforcement. – Notwithstanding any provision of law to the 28
	133	+	contrary, if the State or a political subdivision employs a law enforcement officer who knowingly 29
	134	+	violates subsection (c) of this section, the State or political subdivision shall be liable to the 30
	135	+	injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject 31
	136	+	to a fifty-thousand-dollar ($50,000) civil penalty per occurrence. 32
	137	+	(f) Injunctive Relief. – Any person injured under this section shall have standing to 33
	138	+	pursue an action for injunctive relief in a court of competent jurisdiction with respect to the 34
	139	+	actions of such officer. The court shall hold a hearing on the motion for temporary restraining 35
	140	+	order and preliminary injunction within 30 days of service of the petition. In such actions, 36
	141	+	notwithstanding any provision of law to the contrary, the court may award the prevailing party, 37
	142	+	other than the State or any political subdivision, reasonable attorneys' fees and costs. 38
	143	+	(g) Exceptions. – Neither of the following is considered a violation of this section: 39
	144	+	(1) Providing material aid to federal officials who are in pursuit of a suspect when 40
	145	+	there is a demonstrable criminal nexus with another state or country and such 41
	146	+	suspect is either not a citizen of this State or is not present in this State. 42
	147	+	(2) Providing material aid to federal prosecutions for either of the following: 43
	148	+	a. Felony crimes against a person when such prosecution includes 44
	149	+	weapons violations substantially similar to those found in this Chapter, 45
	150	+	so long as such weapons violations are merely ancillary to such 46
	151	+	prosecution. 47
	152	+	b. Class A or Class B felony violations, as designated under federal law, 48
	153	+	substantially similar to those found in Chapter 90 of the General 49
	154	+	Statutes, when such prosecution includes weapons violations 50 General Assembly Of North Carolina Session 2025
	155	+	Page 4 DRH40192-ML-95
153	156		substantially similar to those found in this Chapter, so long as such 1
154	157		weapons violations are merely ancillary to such prosecution. 2
155	158		(h) Construction. – Nothing in this section shall be construed to prohibit public officers 3
156	159		or employees of the State or a political subdivision of the State from doing any of the following: 4
157	160		(1) Requesting or accepting aid from federal officials in an effort to enforce laws 5
158	161		of the State or of a political subdivision of the State for either of the following: 6
159	162		a. Referring firearm cases to any United States attorney for potential 7
160	163		prosecution if such case is a violent felony offense and if that 8
161	164		prosecution would entail prosecution of violations substantially 9
162	165		similar to those found in this Chapter involving the use of a weapon, 10
163	166		provided that such weapons violations are merely ancillary to that 11
164	167		prosecution. 12
165	168		b. Participating with federal law enforcement to enforce laws of the State 13
166	169		or a political subdivision of the State in any national integrated ballistic 14
167	170		information network investigation or lead, or distributing such leads, 15
168	171		whether or not through a crime gun intelligence center. 16
169	172		(2) Participating in an interjurisdictional task force for the purpose of enforcing 17
170	173		laws not related to firearms, firearm accessories, or ammunition, including an 18
171	174		interjurisdictional task force for the purpose of enforcing laws related to drugs, 19
172	175		human or sex trafficking, immigration, or any other task force convened for 20
173	176		purposes other than enforcing any federal acts, executive orders, 21
174	177		administrative orders, rules, regulations, statutes, or ordinances regarding 22
175	178		firearms, firearm accessories, or ammunition. 23
176	179		(i) Construction in Regard to Law-Abiding Citizens' Rights. – This section shall be 24
177	180		strictly construed against the State and shall be liberally construed in favor of the rights of 25
178	181		law-abiding citizens." 26
179	182		SECTION 3. If any provision of this act or its application is held invalid, the 27
180	183		invalidity does not affect other provisions or applications of this act that can be given effect 28
181	184		without the invalid provisions or application and, to this end, the provisions of this act are 29
182	185		severable. 30
183	186		SECTION 4. This act is effective when it becomes law. 31