North Carolina 2025 2025-2026 Regular Session

North Carolina House Bill H643 Amended / Bill

Filed 04/02/2025

                    GENERAL ASSEMBLY OF NORTH CAROLINA 
SESSION 2025 
H 	1 
HOUSE BILL 643 
 
 
Short Title: Clarify Firearm Storage Law. 	(Public) 
Sponsors: Representatives Rubin, Helfrich, A. Jones, and Clark (Primary Sponsors). 
For a complete list of sponsors, refer to the North Carolina General Assembly web site. 
Referred to: Rules, Calendar, and Operations of the House 
April 2, 2025 
*H643 -v-1* 
A BILL TO BE ENTITLED 1 
AN ACT TO CLARIFY THAT THE LAW REQUIRING THE STORAGE OF FIREARMS TO 2 
PROTECT MINORS APPLI ES TO FIREARMS THAT ARE LOADED AND 3 
UNLOADED. 4 
Whereas, in State v. Cable, No. COA23-192 (2024), our Court of Appeals held that 5 
our criminal statute requiring safe storage of firearms around minors, G.S. 14-315.1, was 6 
ambiguous; and 7 
Whereas, in that case, the Court declined to consider a firearm to be "in a condition 8 
that the firearm can be discharged" when it was stored unloaded and sitting next to ammunition; 9 
and 10 
Whereas, in that case, a 16-year-old spending the night at a friend's house found the 11 
firearm and ammunition, loaded the firearm, and accidentally killed himself; and 12 
Whereas, G.S. 14-315.1 already requires, for it to be criminal conduct, that the firearm 13 
be used in a harmful way—such as causing injury or committing a crime; and 14 
Whereas, storing a firearm next to ammunition and accessible to minors is the sort of 15 
conduct that, when it leads to harm, is plainly within the dangerous conduct the statute is intended 16 
to reach; Now, therefore, 17 
The General Assembly of North Carolina enacts: 18 
SECTION 1. G.S. 14-315.1 reads as rewritten: 19 
"§ 14-315.1.  Storage of firearms to protect minors. 20 
(a) Any person who resides in the same premises as a minor, owns or possesses a firearm, 21 
and stores or leaves the firearm (i) in a condition that the firearm can be discharged and (ii) in a 22 
manner that the person knew or should have known that an unsupervised minor would be able to 23 
gain access to the firearm, is guilty of a Class 1 A1 misdemeanor if a minor gains access to the 24 
firearm without the lawful permission of the minor's parents or a person having charge of the 25 
minor and the minor:minor does any of the following: 26 
(1) Possesses it in violation of G.S. 14-269.2(b);G.S. 14-269.2(b). 27 
(2) Exhibits it in a public place in a careless, angry, or threatening 28 
manner;manner. 29 
(3) Causes personal injury or death with it not in self defense; ordefense. 30 
(4) Uses it in the commission of a crime. 31 
…." 32 
SECTION 2. This act becomes effective December 1, 2025, and applies to offenses 33 
committed on or after that date. 34