13 | 13 | | A BILL TO BE ENTITLED 1 |
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14 | 14 | | AN ACT TO LIMIT THE SIZE OF AMMUNITION MAGAZINES. 2 |
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15 | 15 | | The General Assembly of North Carolina enacts: 3 |
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16 | 16 | | SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article 4 |
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17 | 17 | | to read: 5 |
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18 | 18 | | "Article 53D. 6 |
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19 | 19 | | "Regulation of Large-Capacity Ammunition Magazines. 7 |
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20 | 20 | | "§ 14-409.60. Definition. 8 |
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21 | 21 | | For purposes of this Article, the term "large-capacity magazine" includes all of the following: 9 |
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22 | 22 | | (i) a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting, 10 |
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23 | 23 | | or that is designed to be readily converted to accept, more than 10 rounds of ammunition, (ii) a 11 |
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24 | 24 | | fixed or detachable magazine that is capable of accepting more than eight shotgun shells, and 12 |
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25 | 25 | | (iii) a detachable magazine, tube, box, drum, feed strip, or similar device that is capable of 13 |
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26 | 26 | | accepting more than eight shotgun shells when combined with a fixed magazine. The term does 14 |
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27 | 27 | | not include any of the following: (i) a feeding device that has been permanently altered so that it 15 |
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28 | 28 | | cannot accommodate more than 10 rounds of ammunition, (ii) an attached tubular device 16 |
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29 | 29 | | designed to accept and capable of operating only with .22 caliber rimfire ammunition, or (iii) a 17 |
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30 | 30 | | tubular magazine that is contained in a lever-action firearm. 18 |
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31 | 31 | | "§ 14-409.61. Large-capacity magazines prohibited; penalties; exceptions. 19 |
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32 | 32 | | (a) It is unlawful for a person to manufacture, sell, offer to sell, purchase, transfer, or 20 |
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33 | 33 | | possess a large-capacity magazine. A violation of this subsection is a Class 2 misdemeanor; 21 |
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34 | 34 | | provided, however, that a second or subsequent violation of this subsection is a Class 1 22 |
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35 | 35 | | misdemeanor. 23 |
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36 | 36 | | (b) Any person who violates subsection (a) of this section commits a Class I felony under 24 |
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37 | 37 | | this section if the person possessed a large-capacity magazine during the commission of a felony. 25 |
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38 | 38 | | (c) The offense described in subsection (a) of this section shall not apply to any of the 26 |
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39 | 39 | | following: 27 |
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40 | 40 | | (1) An entity, or any employee thereof engaged in the employee's employment 28 |
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41 | 41 | | duties, that manufactures large-capacity magazines within North Carolina 29 |
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42 | 42 | | exclusively for transfer or any federally licensed gun dealer, or any employee 30 |
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43 | 43 | | thereof engaged in his or her official employment duties, that sells 31 |
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44 | 44 | | large-capacity magazines exclusively to any of the following: 32 |
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45 | 45 | | a. A branch of the Armed Forces of the United States. 33 |
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46 | 46 | | b. A department, agency, or political subdivision of the State of North 34 |
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49 | 52 | | c. A firearms retailer for the purpose of firearms sales conducted outside 1 |
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50 | 53 | | the State. 2 |
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51 | 54 | | d. A foreign national government that has been approved for such 3 |
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52 | 55 | | transfers by the United States government. 4 |
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53 | 56 | | e. An out-of-state transferee who may legally possess a large-capacity 5 |
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54 | 57 | | magazine. 6 |
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55 | 58 | | (2) An employee of any of the following agencies who bears a firearm in the 7 |
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56 | 59 | | course of the employee's official duties: 8 |
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57 | 60 | | a. A branch of the Armed Forces of the United States. 9 |
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58 | 61 | | b. A department, agency, or political subdivision of the State of North 10 |
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59 | 62 | | Carolina, any other state, or of the United States government. 11 |
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60 | 63 | | (3) A person who possesses the magazine for the sole purpose of transporting the 12 |
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61 | 64 | | magazine to an out-of-state entity on behalf of a manufacturer of 13 |
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62 | 65 | | large-capacity magazines within North Carolina. 14 |
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63 | 66 | | (4) A person who, on the effective date of this section, lawfully possessed a 15 |
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64 | 67 | | large-capacity magazine if, within 180 days of the effective date of this 16 |
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65 | 68 | | section, does any of the following: 17 |
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66 | 69 | | a. Permanently modifies the large-capacity magazine so that it cannot 18 |
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67 | 70 | | hold more than 10 rounds of ammunition. 19 |
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68 | 71 | | b. Surrenders the large-capacity magazine to the local law enforcement 20 |
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69 | 72 | | agency in the county or municipality where the person resides or the 21 |
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70 | 73 | | State Bureau of Investigation. 22 |
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71 | 74 | | c. Transfers or sells the large-capacity magazine to a federally licensed 23 |
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72 | 75 | | gun dealer or person or firm outside of this State that is lawfully 24 |
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73 | 76 | | entitled to own or possess a large-capacity magazine." 25 |
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74 | 77 | | SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 26 |
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75 | 78 | | committed on or after that date. 27 |
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