46 | | - | the Armed Forces of the United States, the reserve components of the Armed 33 General Assembly Of North Carolina Session 2025 |
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47 | | - | Page 2 House Bill 674-First Edition |
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48 | | - | Forces of the United States, the North Carolina Army National Guard, or the 1 |
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49 | | - | North Carolina Air National Guard. 2 |
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50 | | - | (3)(7) Permit. – A concealed handgun permit fixed duration permit or lifetime permit 3 |
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51 | | - | issued in accordance with the provisions of this Article. 4 |
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52 | | - | (3a)(8) Proof of deployment. – A copy of the military permittee's deployment orders 5 |
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53 | | - | or other written notification from the permittee's command indicating the start 6 |
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54 | | - | and end date of deployment and that orders the permittee to travel outside the 7 |
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55 | | - | permittee's county of residence. 8 |
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56 | | - | (4)(9) Qualified former sworn law enforcement officer. – An individual who retired 9 |
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57 | | - | from service as a law enforcement officer with a local, State, campus police, 10 |
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58 | | - | or company police agency in North Carolina, other than for reasons of mental 11 |
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59 | | - | disability, who has been retired as a sworn law enforcement officer two years 12 |
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60 | | - | or less from the date of the permit application, and who satisfies all of the 13 |
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61 | | - | following: 14 |
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62 | | - | a. Immediately before retirement, the individual was a qualified law 15 |
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63 | | - | enforcement officer with a local, State, or company police agency in 16 |
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64 | | - | North Carolina. 17 |
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65 | | - | b. The individual has a nonforfeitable right to benefits under the 18 |
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66 | | - | retirement plan of the local, State, or company police agency as a law 19 |
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67 | | - | enforcement officer; or has 20 or more aggregate years of law 20 |
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68 | | - | enforcement service and has retired from a company police agency 21 |
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69 | | - | that does not have a retirement plan; or has 20 or more aggregate years 22 |
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70 | | - | of part-time or auxiliary law enforcement service. 23 |
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71 | | - | c. The individual is not prohibited by State or federal law from receiving 24 |
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72 | | - | a firearm. 25 |
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73 | | - | (4a)(10) Qualified retired correctional officer. – An individual who retired from 26 |
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74 | | - | service as a State correctional officer, other than for reasons of mental 27 |
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75 | | - | disability, who has been retired as a correctional officer two years or less from 28 |
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76 | | - | the date of the permit application and who meets all of the following criteria: 29 |
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77 | | - | … 30 |
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78 | | - | (4b)(11) Qualified retired law enforcement officer. – An individual who meets the 31 |
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79 | | - | definition of "qualified retired law enforcement officer" contained in section 32 |
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80 | | - | 926C of Title 18 of the United States Code. 33 |
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81 | | - | (4c)(12) Qualified retired probation or parole certified officer. – An individual who 34 |
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82 | | - | retired from service as a State probation or parole certified officer, other than 35 |
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83 | | - | for reasons of mental disability, who has been retired as a probation or parole 36 |
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84 | | - | certified officer two years or less from the date of the permit application and 37 |
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85 | | - | who meets all of the following criteria: 38 |
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86 | | - | … 39 |
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87 | | - | (5)(13) Qualified sworn law enforcement officer. – A law enforcement officer 40 |
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88 | | - | employed by a local, State, campus police, or company police agency in North 41 |
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89 | | - | Carolina who satisfies all of the following: 42 |
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90 | | - | …." 43 |
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91 | | - | SECTION 2.2. G.S. 14-415.11 reads as rewritten: 44 |
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92 | | - | "§ 14-415.11. Permit to carry concealed handgun; scope of permit. 45 |
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93 | | - | (a) Any person who has a concealed handgun permit to carry a concealed handgun may 46 |
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94 | | - | carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry 47 |
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95 | | - | the permit together with valid identification whenever the person is carrying a concealed 48 |
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96 | | - | handgun, shall disclose to any law enforcement officer that the person holds a valid permit and 49 |
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97 | | - | is carrying a concealed handgun when approached or addressed by the officer, and shall display 50 |
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98 | | - | both the permit and the proper identification upon the request of a law enforcement officer. In 51 General Assembly Of North Carolina Session 2025 |
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99 | | - | House Bill 674-First Edition Page 3 |
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100 | | - | addition to these requirements, a military permittee with a fixed duration permit whose permit 1 |
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101 | | - | has expired during deployment may carry a concealed handgun during the 90 days following the 2 |
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102 | | - | end of deployment and before the permit is renewed provided the permittee also displays proof 3 |
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103 | | - | of deployment to any law enforcement officer. 4 |
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104 | | - | (b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies 5 |
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105 | | - | for a permit under G.S. 14-415.12. The A fixed duration permit shall be valid throughout the 6 |
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106 | | - | State for a period of five years from the date of issuance. A lifetime permit shall be valid 7 |
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107 | | - | throughout the State until revoked or surrendered. 8 |
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108 | | - | … 9 |
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109 | | - | (d) A person who is issued a permit shall notify the sheriff who issued the permit of the 10 |
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110 | | - | county where the person resides of any change in the person's permanent address within 30 days 11 |
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111 | | - | after the change of address. If a permit is lost or destroyed, the person to whom the permit was 12 |
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112 | | - | issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A 13 |
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113 | | - | person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the 14 |
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114 | | - | permit was lost or destroyed and paying the required duplicate permit fee." 15 |
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115 | | - | SECTION 2.3. G.S. 14-415.14(a) reads as rewritten: 16 |
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116 | | - | "(a) The sheriff shall make permit applications readily available at the office of the sheriff 17 |
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117 | | - | or at other public offices in the sheriff's jurisdiction. The permit application shall be in triplicate, 18 |
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118 | | - | in a form to be prescribed by the State Bureau of Investigation, and shall include the following 19 |
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119 | | - | information with regard to the applicant: name, address, physical description, signature, date of 20 |
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120 | | - | birth, social security number, military status, law enforcement status, and the drivers license 21 |
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121 | | - | number or State identification card number of the applicant if used for identification in applying 22 |
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122 | | - | for the permit. The application shall also indicate if the application is for a fixed duration permit 23 |
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123 | | - | or a lifetime permit." 24 |
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124 | | - | SECTION 2.4. G.S. 14-415.15 reads as rewritten: 25 |
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125 | | - | "§ 14-415.15. Issuance or denial of permit. 26 |
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126 | | - | (a) Except as permitted under subsection (b) of this section, within 45 days after receipt 27 |
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127 | | - | of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records 28 |
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128 | | - | concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny 29 |
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129 | | - | the permit. The sheriff may conduct any investigation necessary to determine the qualification or 30 |
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130 | | - | competency of the person applying for the permit, including record checks. The sheriff shall 31 |
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131 | | - | make the request for any records concerning the mental health or capacity of the applicant within 32 |
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132 | | - | 10 days of receipt of the items listed in G.S. 14-415.13. No person, company, mental health 33 |
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133 | | - | provider, or governmental entity may charge additional fees to the applicant for background 34 |
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134 | | - | checks conducted under this subsection. A permit shall not be denied unless the applicant is 35 |
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135 | | - | determined to be ineligible pursuant to G.S. 14-415.12. 36 |
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136 | | - | (b) Upon presentment to the sheriff of the items required under G.S. 14-415.13 (a)(1), 37 |
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137 | | - | (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a 38 |
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138 | | - | person who the sheriff reasonably believes is in an emergency situation that may constitute a risk 39 |
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139 | | - | of safety to the person, the person's family or property. The applicant may submit proof of a 40 |
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140 | | - | protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an 41 |
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141 | | - | emergency situation. The temporary permit may not be renewed and may be revoked by the 42 |
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142 | | - | sheriff without a hearing. 43 |
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143 | | - | (c) A person's application for a permit shall be denied only if the applicant fails to qualify 44 |
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144 | | - | under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff 45 |
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145 | | - | shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant 46 |
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146 | | - | may appeal the denial, revocation, denial of a permit or the nonrenewal of a fixed duration permit 47 |
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147 | | - | by petitioning a district court judge of the district in which the application was filed. The 48 |
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148 | | - | determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of 49 |
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149 | | - | the sheriff's refusal. The determination by the court shall be final.final for the purpose of appeal." 50 General Assembly Of North Carolina Session 2025 |
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150 | | - | Page 4 House Bill 674-First Edition |
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151 | | - | SECTION 2.5. G.S. 14-415.16, as amended by Section 3.1 of this act, reads as 1 |
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152 | | - | rewritten: 2 |
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153 | | - | "§ 14-415.16. Renewal of fixed duration permit. 3 |
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154 | | - | (a) At least 45 days prior to the expiration date of a fixed duration permit, the sheriff of 4 |
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155 | | - | the county where the permit was issued shall send a written notice to the permittee explaining 5 |
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156 | | - | that the permit is about to expire and including information about the requirements for renewal 6 |
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157 | | - | of the permit. The notice shall be sent by first class mail to the last known address of the 7 |
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158 | | - | permittee. Failure to receive a renewal notice shall not relieve a permittee of requirements 8 |
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159 | | - | imposed in this section for renewal of the permit. 9 |
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160 | | - | (b) The holder of a fixed duration permit shall apply to renew the permit within the 10 |
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161 | | - | 90-day period prior to its expiration date by filing with the sheriff of the county in which the 11 |
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162 | | - | person resides a renewal form provided by the sheriff's office, an affidavit stating that the 12 |
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163 | | - | permittee remains qualified under the criteria provided in this Article, a newly administered full 13 |
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164 | | - | set of the permittee's fingerprints, and a renewal fee. The renewal form shall indicate whether the 14 |
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165 | | - | holder of the permit would like the renewal to be issued as a fixed duration permit or a lifetime 15 |
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166 | | - | permit. 16 |
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167 | | - | … 17 |
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168 | | - | (e) If the permittee does not apply to renew the fixed duration permit prior to its 18 |
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169 | | - | expiration date, but does apply to renew the permit less than 180 days after the permit expires, 19 |
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170 | | - | the sheriff shall waive the requirement of taking another firearms safety and training course. If 20 |
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171 | | - | the permittee applies to renew the permit between 180 days and one year after the permit expires, 21 |
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172 | | - | the sheriff may waive the requirement of taking another firearms and safety training course. This 22 |
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173 | | - | subsection does not extend the expiration date of the fixed duration permit. 23 |
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174 | | - | (f) An applicant may appeal the nonrenewal of a fixed duration permit as provided in 24 |
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175 | | - | G.S. 14-415.15(c)." 25 |
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176 | | - | SECTION 2.6. G.S. 14-415.16A reads as rewritten: 26 |
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177 | | - | "§ 14-415.16A. Permit extensions and renewals of fixed duration permits for deployed 27 |
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178 | | - | military permittees. 28 |
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179 | | - | (a) A deployed military permittee whose fixed duration permit will expire during the 29 |
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180 | | - | permittee's deployment, or the permittee's agent, may apply to the sheriff for an extension of the 30 |
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181 | | - | military permittee's permit by providing the sheriff with a copy of the permittee's proof of 31 |
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182 | | - | deployment. Upon receipt of the proof, the sheriff shall extend the fixed duration permit for a 32 |
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183 | | - | period to end 90 days after the permittee's deployment is scheduled to end. A fixed duration 33 |
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184 | | - | permit that has been extended under this section shall be valid throughout the State during the 34 |
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185 | | - | period of its extension. 35 |
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186 | | - | (b) A military permittee's fixed duration permit that is not extended under subsection (a) 36 |
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187 | | - | of this section and that expires during deployment shall remain valid during the deployment and 37 |
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188 | | - | for 90 days after the end of the deployment as if the permit had not expired. The military permittee 38 |
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189 | | - | may carry a concealed handgun during this period provided the permittee meets all the 39 |
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190 | | - | requirements of G.S. 14-415.11(a). 40 |
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191 | | - | (c) A military permittee under subsection (a) or subsection (b) of this section shall have 41 |
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192 | | - | 90 days after the end of the permittee's deployment to renew the fixed duration permit. In addition 42 |
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193 | | - | to the requirements of G.S. 14-415.16, the permittee shall provide to the sheriff proof of 43 |
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194 | | - | deployment. The sheriff shall renew the permit upon receipt of this documentation provided the 44 |
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195 | | - | permittee otherwise remains qualified to hold a concealed handgun permit." 45 |
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196 | | - | SECTION 2.7. Article 54B of Chapter 14 of the General Statutes is amended by 46 |
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197 | | - | adding a new section to read: 47 |
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198 | | - | "§ 14-415.16B. Reissuance of a lifetime permit as a fixed duration permit. 48 |
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199 | | - | The holder of a lifetime permit may apply at any time to have the lifetime permit reissued as 49 |
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200 | | - | a fixed duration permit. An application for reissuance shall be submitted by the permittee and 50 General Assembly Of North Carolina Session 2025 |
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201 | | - | House Bill 674-First Edition Page 5 |
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202 | | - | considered by the sheriff in the same manner as an application for renewal of a fixed duration 1 |
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203 | | - | permit pursuant to the applicable provisions of G.S. 14-415.16." 2 |
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204 | | - | SECTION 2.8. G.S. 14-415.17 reads as rewritten: 3 |
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205 | | - | "§ 14-415.17. Permit; sheriff to retain a list of permittees; confidentiality of list and permit 4 |
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206 | | - | application information; availability to law enforcement agencies. 5 |
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207 | | - | (a) The permit shall be in a certificate form, as prescribed by the State Bureau of 6 |
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208 | | - | Investigation, that is approximately the size of a North Carolina drivers license. It shall bear the 7 |
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209 | | - | signature, name, address, date of birth, and the drivers license identification number used in 8 |
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210 | | - | applying for the permit. A lifetime permit shall bear a clear indication of its lifetime duration on 9 |
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211 | | - | its face. A fixed duration permit shall bear the expiration date of the permit on its face. 10 |
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212 | | - | (b) The sheriff shall maintain a listing, including the identifying information, of those 11 |
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213 | | - | persons who are issued a permit. permit and whether the permit issued is a fixed duration permit 12 |
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214 | | - | or a lifetime permit. Within five days of the date a permit is issued, the sheriff shall send a copy 13 |
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215 | | - | of the permit to the State Bureau of Investigation. 14 |
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216 | | - | (c) Except as provided otherwise by this subsection, the list of permit holders and the 15 |
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217 | | - | information collected by the sheriff to process an application for a permit are confidential and 16 |
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218 | | - | are not a public record under G.S. 132-1. The sheriff shall make the list of permit holders and the 17 |
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219 | | - | permit information available upon request to all State and local law enforcement agencies. The 18 |
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220 | | - | State Bureau of Investigation shall make the list of permit holders and the information collected 19 |
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221 | | - | by the sheriff to process an application for a permit available to law enforcement officers and 20 |
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222 | | - | clerks of court on a statewide system. 21 |
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223 | | - | (d) A sheriff shall provide any change of permanent address received pursuant to 22 |
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224 | | - | G.S. 14-415.11(d) to the State Bureau of Investigation for inclusion in the statewide system 23 |
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225 | | - | required by subsection (c) of this section." 24 |
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226 | | - | SECTION 2.9. G.S. 14-415.18(a) reads as rewritten: 25 |
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227 | | - | "(a) The sheriff of the county where the permit was issued or the sheriff of the county 26 |
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228 | | - | where the person resides may revoke a permit subsequent to a hearing for any of the following 27 |
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229 | | - | reasons: 28 |
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230 | | - | (1) Fraud or intentional and material misrepresentation in the obtaining of a 29 |
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231 | | - | permit. 30 |
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232 | | - | (2) Misuse of a permit, including lending or giving a permit or a duplicate permit 31 |
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233 | | - | to another person, materially altering a permit, or using a permit with the intent 32 |
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234 | | - | to unlawfully cause harm to a person or property. It shall not be considered 33 |
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235 | | - | misuse of a permit to provide a duplicate of the permit to a vender vendor for 34 |
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236 | | - | record-keeping purposes. 35 |
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237 | | - | (3) The doing of an act or existence of a condition which would have been 36 |
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238 | | - | grounds for the denial of the permit by the sheriff. 37 |
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239 | | - | (4) The violation of any of the terms of this Article. 38 |
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240 | | - | (5) Repealed by Session Laws 2013-369, s. 20, effective October 1, 2013. 39 |
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241 | | - | (6) The person is no longer a resident of the State. 40 |
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242 | | - | A permittee may appeal the revocation, or nonrenewal revocation of a permit by petitioning 41 |
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243 | | - | a district court judge of the district in which the applicant resides. The determination by the court, 42 |
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244 | | - | on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The 43 |
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245 | | - | determination by the court shall be final for the purpose of appeal." 44 |
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246 | | - | SECTION 2.10. G.S. 14-415.19 reads as rewritten: 45 |
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247 | | - | "§ 14-415.19. Fees. 46 |
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248 | | - | (a) The permit fees assessed under this Article are payable to the sheriff. The sheriff shall 47 |
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249 | | - | transmit the proceeds of these fees to the county finance officer to be remitted or credited by the 48 |
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250 | | - | county finance officer in accordance with the provisions of this section. Except as otherwise 49 |
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251 | | - | provided by this section, the permit fees are as follows: 50 |
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252 | | - | 51 General Assembly Of North Carolina Session 2025 |
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253 | | - | Page 6 House Bill 674-First Edition |
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254 | | - | Application fee ............................................................................ $80.00 1 |
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255 | | - | Renewal or reissuance fee ........................................................... $75.00 2 |
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256 | | - | Duplicate permit fee .................................................................... $15.00 3 |
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257 | | - | 4 |
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258 | | - | The county finance officer shall remit forty-five dollars ($45.00) of each new application fee 5 |
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259 | | - | and forty dollars ($40.00) of each renewal or reissuance fee assessed under this subsection to the 6 |
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260 | | - | North Carolina Department of Public Safety for the costs of State and federal criminal record 7 |
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261 | | - | checks performed in connection with processing applications and for the implementation of the 8 |
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262 | | - | provisions of this Article. The remaining thirty-five dollars ($35.00) of each application or 9 |
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263 | | - | renewal application, renewal, or reissuance fee shall be used by the sheriff to pay the costs of 10 |
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264 | | - | administering this Article and for other law enforcement purposes. The county shall expend the 11 |
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265 | | - | restricted funds for these purposes only. 12 |
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266 | | - | (a1) The permit fees for a retired sworn law enforcement officer who provides the 13 |
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267 | | - | information required by subdivisions (1) and (2) of this subsection to the sheriff, in addition to 14 |
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268 | | - | any other information required under this Article, are as follows: 15 |
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| 45 | + | the Armed Forces of the United States, the reserve components of the Armed 33 |
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| 46 | + | Forces of the United States, the North Carolina Army National Guard, or the 34 |
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| 47 | + | North Carolina Air National Guard. 35 |
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| 48 | + | H.B. 674 |
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| 49 | + | Apr 1, 2025 |
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| 50 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 51 | + | Page 2 DRH30256-ML-11 |
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| 52 | + | (3)(7) Permit. – A concealed handgun permit fixed duration permit or lifetime permit 1 |
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| 53 | + | issued in accordance with the provisions of this Article. 2 |
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| 54 | + | (3a)(8) Proof of deployment. – A copy of the military permittee's deployment orders 3 |
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| 55 | + | or other written notification from the permittee's command indicating the start 4 |
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| 56 | + | and end date of deployment and that orders the permittee to travel outside the 5 |
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| 57 | + | permittee's county of residence. 6 |
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| 58 | + | (4)(9) Qualified former sworn law enforcement officer. – An individual who retired 7 |
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| 59 | + | from service as a law enforcement officer with a local, State, campus police, 8 |
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| 60 | + | or company police agency in North Carolina, other than for reasons of mental 9 |
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| 61 | + | disability, who has been retired as a sworn law enforcement officer two years 10 |
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| 62 | + | or less from the date of the permit application, and who satisfies all of the 11 |
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| 63 | + | following: 12 |
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| 64 | + | a. Immediately before retirement, the individual was a qualified law 13 |
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| 65 | + | enforcement officer with a local, State, or company police agency in 14 |
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| 66 | + | North Carolina. 15 |
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| 67 | + | b. The individual has a nonforfeitable right to benefits under the 16 |
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| 68 | + | retirement plan of the local, State, or company police agency as a law 17 |
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| 69 | + | enforcement officer; or has 20 or more aggregate years of law 18 |
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| 70 | + | enforcement service and has retired from a company police agency 19 |
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| 71 | + | that does not have a retirement plan; or has 20 or more aggregate years 20 |
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| 72 | + | of part-time or auxiliary law enforcement service. 21 |
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| 73 | + | c. The individual is not prohibited by State or federal law from receiving 22 |
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| 74 | + | a firearm. 23 |
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| 75 | + | (4a)(10) Qualified retired correctional officer. – An individual who retired from 24 |
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| 76 | + | service as a State correctional officer, other than for reasons of mental 25 |
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| 77 | + | disability, who has been retired as a correctional officer two years or less from 26 |
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| 78 | + | the date of the permit application and who meets all of the following criteria: 27 |
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| 79 | + | … 28 |
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| 80 | + | (4b)(11) Qualified retired law enforcement officer. – An individual who meets the 29 |
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| 81 | + | definition of "qualified retired law enforcement officer" contained in section 30 |
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| 82 | + | 926C of Title 18 of the United States Code. 31 |
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| 83 | + | (4c)(12) Qualified retired probation or parole certified officer. – An individual who 32 |
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| 84 | + | retired from service as a State probation or parole certified officer, other than 33 |
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| 85 | + | for reasons of mental disability, who has been retired as a probation or parole 34 |
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| 86 | + | certified officer two years or less from the date of the permit application and 35 |
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| 87 | + | who meets all of the following criteria: 36 |
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| 88 | + | … 37 |
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| 89 | + | (5)(13) Qualified sworn law enforcement officer. – A law enforcement officer 38 |
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| 90 | + | employed by a local, State, campus police, or company police agency in North 39 |
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| 91 | + | Carolina who satisfies all of the following: 40 |
---|
| 92 | + | …." 41 |
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| 93 | + | SECTION 2.2. G.S. 14-415.11 reads as rewritten: 42 |
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| 94 | + | "§ 14-415.11. Permit to carry concealed handgun; scope of permit. 43 |
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| 95 | + | (a) Any person who has a concealed handgun permit to carry a concealed handgun may 44 |
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| 96 | + | carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry 45 |
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| 97 | + | the permit together with valid identification whenever the person is carrying a concealed 46 |
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| 98 | + | handgun, shall disclose to any law enforcement officer that the person holds a valid permit and 47 |
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| 99 | + | is carrying a concealed handgun when approached or addressed by the officer, and shall display 48 |
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| 100 | + | both the permit and the proper identification upon the request of a law enforcement officer. In 49 |
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| 101 | + | addition to these requirements, a military permittee with a fixed duration permit whose permit 50 |
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| 102 | + | has expired during deployment may carry a concealed handgun during the 90 days following the 51 General Assembly Of North Carolina Session 2025 |
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| 103 | + | DRH30256-ML-11 Page 3 |
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| 104 | + | end of deployment and before the permit is renewed provided the permittee also displays proof 1 |
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| 105 | + | of deployment to any law enforcement officer. 2 |
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| 106 | + | (b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies 3 |
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| 107 | + | for a permit under G.S. 14-415.12. The A fixed duration permit shall be valid throughout the 4 |
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| 108 | + | State for a period of five years from the date of issuance. A lifetime permit shall be valid 5 |
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| 109 | + | throughout the State until revoked or surrendered. 6 |
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| 110 | + | … 7 |
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| 111 | + | (d) A person who is issued a permit shall notify the sheriff who issued the permit of the 8 |
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| 112 | + | county where the person resides of any change in the person's permanent address within 30 days 9 |
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| 113 | + | after the change of address. If a permit is lost or destroyed, the person to whom the permit was 10 |
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| 114 | + | issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A 11 |
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| 115 | + | person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the 12 |
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| 116 | + | permit was lost or destroyed and paying the required duplicate permit fee." 13 |
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| 117 | + | SECTION 2.3. G.S. 14-415.14(a) reads as rewritten: 14 |
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| 118 | + | "(a) The sheriff shall make permit applications readily available at the office of the sheriff 15 |
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| 119 | + | or at other public offices in the sheriff's jurisdiction. The permit application shall be in triplicate, 16 |
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| 120 | + | in a form to be prescribed by the State Bureau of Investigation, and shall include the following 17 |
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| 121 | + | information with regard to the applicant: name, address, physical description, signature, date of 18 |
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| 122 | + | birth, social security number, military status, law enforcement status, and the drivers license 19 |
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| 123 | + | number or State identification card number of the applicant if used for identification in applying 20 |
---|
| 124 | + | for the permit. The application shall also indicate if the application is for a fixed duration permit 21 |
---|
| 125 | + | or a lifetime permit." 22 |
---|
| 126 | + | SECTION 2.4. G.S. 14-415.15 reads as rewritten: 23 |
---|
| 127 | + | "§ 14-415.15. Issuance or denial of permit. 24 |
---|
| 128 | + | (a) Except as permitted under subsection (b) of this section, within 45 days after receipt 25 |
---|
| 129 | + | of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records 26 |
---|
| 130 | + | concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny 27 |
---|
| 131 | + | the permit. The sheriff may conduct any investigation necessary to determine the qualification or 28 |
---|
| 132 | + | competency of the person applying for the permit, including record checks. The sheriff shall 29 |
---|
| 133 | + | make the request for any records concerning the mental health or capacity of the applicant within 30 |
---|
| 134 | + | 10 days of receipt of the items listed in G.S. 14-415.13. No person, company, mental health 31 |
---|
| 135 | + | provider, or governmental entity may charge additional fees to the applicant for background 32 |
---|
| 136 | + | checks conducted under this subsection. A permit shall not be denied unless the applicant is 33 |
---|
| 137 | + | determined to be ineligible pursuant to G.S. 14-415.12. 34 |
---|
| 138 | + | (b) Upon presentment to the sheriff of the items required under G.S. 14-415.13 (a)(1), 35 |
---|
| 139 | + | (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a 36 |
---|
| 140 | + | person who the sheriff reasonably believes is in an emergency situation that may constitute a risk 37 |
---|
| 141 | + | of safety to the person, the person's family or property. The applicant may submit proof of a 38 |
---|
| 142 | + | protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an 39 |
---|
| 143 | + | emergency situation. The temporary permit may not be renewed and may be revoked by the 40 |
---|
| 144 | + | sheriff without a hearing. 41 |
---|
| 145 | + | (c) A person's application for a permit shall be denied only if the applicant fails to qualify 42 |
---|
| 146 | + | under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff 43 |
---|
| 147 | + | shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant 44 |
---|
| 148 | + | may appeal the denial, revocation, denial of a permit or the nonrenewal of a fixed duration permit 45 |
---|
| 149 | + | by petitioning a district court judge of the district in which the application was filed. The 46 |
---|
| 150 | + | determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of 47 |
---|
| 151 | + | the sheriff's refusal. The determination by the court shall be final.final for the purpose of appeal." 48 |
---|
| 152 | + | SECTION 2.5. G.S. 14-415.16, as amended by Section 3.1 of this act, reads as 49 |
---|
| 153 | + | rewritten: 50 |
---|
| 154 | + | "§ 14-415.16. Renewal of fixed duration permit. 51 General Assembly Of North Carolina Session 2025 |
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| 155 | + | Page 4 DRH30256-ML-11 |
---|
| 156 | + | (a) At least 45 days prior to the expiration date of a fixed duration permit, the sheriff of 1 |
---|
| 157 | + | the county where the permit was issued shall send a written notice to the permittee explaining 2 |
---|
| 158 | + | that the permit is about to expire and including information about the requirements for renewal 3 |
---|
| 159 | + | of the permit. The notice shall be sent by first class mail to the last known address of the 4 |
---|
| 160 | + | permittee. Failure to receive a renewal notice shall not relieve a permittee of requirements 5 |
---|
| 161 | + | imposed in this section for renewal of the permit. 6 |
---|
| 162 | + | (b) The holder of a fixed duration permit shall apply to renew the permit within the 7 |
---|
| 163 | + | 90-day period prior to its expiration date by filing with the sheriff of the county in which the 8 |
---|
| 164 | + | person resides a renewal form provided by the sheriff's office, an affidavit stating that the 9 |
---|
| 165 | + | permittee remains qualified under the criteria provided in this Article, a newly administered full 10 |
---|
| 166 | + | set of the permittee's fingerprints, and a renewal fee. The renewal form shall indicate whether the 11 |
---|
| 167 | + | holder of the permit would like the renewal to be issued as a fixed duration permit or a lifetime 12 |
---|
| 168 | + | permit. 13 |
---|
| 169 | + | … 14 |
---|
| 170 | + | (e) If the permittee does not apply to renew the fixed duration permit prior to its 15 |
---|
| 171 | + | expiration date, but does apply to renew the permit less than 180 days after the permit expires, 16 |
---|
| 172 | + | the sheriff shall waive the requirement of taking another firearms safety and training course. If 17 |
---|
| 173 | + | the permittee applies to renew the permit between 180 days and one year after the permit expires, 18 |
---|
| 174 | + | the sheriff may waive the requirement of taking another firearms and safety training course. This 19 |
---|
| 175 | + | subsection does not extend the expiration date of the fixed duration permit. 20 |
---|
| 176 | + | (f) An applicant may appeal the nonrenewal of a fixed duration permit as provided in 21 |
---|
| 177 | + | G.S. 14-415.15(c)." 22 |
---|
| 178 | + | SECTION 2.6. G.S. 14-415.16A reads as rewritten: 23 |
---|
| 179 | + | "§ 14-415.16A. Permit extensions and renewals of fixed duration permits for deployed 24 |
---|
| 180 | + | military permittees. 25 |
---|
| 181 | + | (a) A deployed military permittee whose fixed duration permit will expire during the 26 |
---|
| 182 | + | permittee's deployment, or the permittee's agent, may apply to the sheriff for an extension of the 27 |
---|
| 183 | + | military permittee's permit by providing the sheriff with a copy of the permittee's proof of 28 |
---|
| 184 | + | deployment. Upon receipt of the proof, the sheriff shall extend the fixed duration permit for a 29 |
---|
| 185 | + | period to end 90 days after the permittee's deployment is scheduled to end. A fixed duration 30 |
---|
| 186 | + | permit that has been extended under this section shall be valid throughout the State during the 31 |
---|
| 187 | + | period of its extension. 32 |
---|
| 188 | + | (b) A military permittee's fixed duration permit that is not extended under subsection (a) 33 |
---|
| 189 | + | of this section and that expires during deployment shall remain valid during the deployment and 34 |
---|
| 190 | + | for 90 days after the end of the deployment as if the permit had not expired. The military permittee 35 |
---|
| 191 | + | may carry a concealed handgun during this period provided the permittee meets all the 36 |
---|
| 192 | + | requirements of G.S. 14-415.11(a). 37 |
---|
| 193 | + | (c) A military permittee under subsection (a) or subsection (b) of this section shall have 38 |
---|
| 194 | + | 90 days after the end of the permittee's deployment to renew the fixed duration permit. In addition 39 |
---|
| 195 | + | to the requirements of G.S. 14-415.16, the permittee shall provide to the sheriff proof of 40 |
---|
| 196 | + | deployment. The sheriff shall renew the permit upon receipt of this documentation provided the 41 |
---|
| 197 | + | permittee otherwise remains qualified to hold a concealed handgun permit." 42 |
---|
| 198 | + | SECTION 2.7. Article 54B of Chapter 14 of the General Statutes is amended by 43 |
---|
| 199 | + | adding a new section to read: 44 |
---|
| 200 | + | "§ 14-415.16B. Reissuance of a lifetime permit as a fixed duration permit. 45 |
---|
| 201 | + | The holder of a lifetime permit may apply at any time to have the lifetime permit reissued as 46 |
---|
| 202 | + | a fixed duration permit. An application for reissuance shall be submitted by the permittee and 47 |
---|
| 203 | + | considered by the sheriff in the same manner as an application for renewal of a fixed duration 48 |
---|
| 204 | + | permit pursuant to the applicable provisions of G.S. 14-415.16." 49 |
---|
| 205 | + | SECTION 2.8. G.S. 14-415.17 reads as rewritten: 50 General Assembly Of North Carolina Session 2025 |
---|
| 206 | + | DRH30256-ML-11 Page 5 |
---|
| 207 | + | "§ 14-415.17. Permit; sheriff to retain a list of permittees; confidentiality of list and permit 1 |
---|
| 208 | + | application information; availability to law enforcement agencies. 2 |
---|
| 209 | + | (a) The permit shall be in a certificate form, as prescribed by the State Bureau of 3 |
---|
| 210 | + | Investigation, that is approximately the size of a North Carolina drivers license. It shall bear the 4 |
---|
| 211 | + | signature, name, address, date of birth, and the drivers license identification number used in 5 |
---|
| 212 | + | applying for the permit. A lifetime permit shall bear a clear indication of its lifetime duration on 6 |
---|
| 213 | + | its face. A fixed duration permit shall bear the expiration date of the permit on its face. 7 |
---|
| 214 | + | (b) The sheriff shall maintain a listing, including the identifying information, of those 8 |
---|
| 215 | + | persons who are issued a permit. permit and whether the permit issued is a fixed duration permit 9 |
---|
| 216 | + | or a lifetime permit. Within five days of the date a permit is issued, the sheriff shall send a copy 10 |
---|
| 217 | + | of the permit to the State Bureau of Investigation. 11 |
---|
| 218 | + | (c) Except as provided otherwise by this subsection, the list of permit holders and the 12 |
---|
| 219 | + | information collected by the sheriff to process an application for a permit are confidential and 13 |
---|
| 220 | + | are not a public record under G.S. 132-1. The sheriff shall make the list of permit holders and the 14 |
---|
| 221 | + | permit information available upon request to all State and local law enforcement agencies. The 15 |
---|
| 222 | + | State Bureau of Investigation shall make the list of permit holders and the information collected 16 |
---|
| 223 | + | by the sheriff to process an application for a permit available to law enforcement officers and 17 |
---|
| 224 | + | clerks of court on a statewide system. 18 |
---|
| 225 | + | (d) A sheriff shall provide any change of permanent address received pursuant to 19 |
---|
| 226 | + | G.S. 14-415.11(d) to the State Bureau of Investigation for inclusion in the statewide system 20 |
---|
| 227 | + | required by subsection (c) of this section." 21 |
---|
| 228 | + | SECTION 2.9. G.S. 14-415.18(a) reads as rewritten: 22 |
---|
| 229 | + | "(a) The sheriff of the county where the permit was issued or the sheriff of the county 23 |
---|
| 230 | + | where the person resides may revoke a permit subsequent to a hearing for any of the following 24 |
---|
| 231 | + | reasons: 25 |
---|
| 232 | + | (1) Fraud or intentional and material misrepresentation in the obtaining of a 26 |
---|
| 233 | + | permit. 27 |
---|
| 234 | + | (2) Misuse of a permit, including lending or giving a permit or a duplicate permit 28 |
---|
| 235 | + | to another person, materially altering a permit, or using a permit with the intent 29 |
---|
| 236 | + | to unlawfully cause harm to a person or property. It shall not be considered 30 |
---|
| 237 | + | misuse of a permit to provide a duplicate of the permit to a vender vendor for 31 |
---|
| 238 | + | record-keeping purposes. 32 |
---|
| 239 | + | (3) The doing of an act or existence of a condition which would have been 33 |
---|
| 240 | + | grounds for the denial of the permit by the sheriff. 34 |
---|
| 241 | + | (4) The violation of any of the terms of this Article. 35 |
---|
| 242 | + | (5) Repealed by Session Laws 2013-369, s. 20, effective October 1, 2013. 36 |
---|
| 243 | + | (6) The person is no longer a resident of the State. 37 |
---|
| 244 | + | A permittee may appeal the revocation, or nonrenewal revocation of a permit by petitioning 38 |
---|
| 245 | + | a district court judge of the district in which the applicant resides. The determination by the court, 39 |
---|
| 246 | + | on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The 40 |
---|
| 247 | + | determination by the court shall be final for the purpose of appeal." 41 |
---|
| 248 | + | SECTION 2.10. G.S. 14-415.19 reads as rewritten: 42 |
---|
| 249 | + | "§ 14-415.19. Fees. 43 |
---|
| 250 | + | (a) The permit fees assessed under this Article are payable to the sheriff. The sheriff shall 44 |
---|
| 251 | + | transmit the proceeds of these fees to the county finance officer to be remitted or credited by the 45 |
---|
| 252 | + | county finance officer in accordance with the provisions of this section. Except as otherwise 46 |
---|
| 253 | + | provided by this section, the permit fees are as follows: 47 |
---|
| 254 | + | 48 |
---|
| 255 | + | Application fee ............................................................................ $80.00 49 |
---|
| 256 | + | Renewal or reissuance fee ........................................................... $75.00 50 |
---|
| 257 | + | Duplicate permit fee .................................................................... $15.00 51 General Assembly Of North Carolina Session 2025 |
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| 258 | + | Page 6 DRH30256-ML-11 |
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| 259 | + | 1 |
---|
| 260 | + | The county finance officer shall remit forty-five dollars ($45.00) of each new application fee 2 |
---|
| 261 | + | and forty dollars ($40.00) of each renewal or reissuance fee assessed under this subsection to the 3 |
---|
| 262 | + | North Carolina Department of Public Safety for the costs of State and federal criminal record 4 |
---|
| 263 | + | checks performed in connection with processing applications and for the implementation of the 5 |
---|
| 264 | + | provisions of this Article. The remaining thirty-five dollars ($35.00) of each application or 6 |
---|
| 265 | + | renewal application, renewal, or reissuance fee shall be used by the sheriff to pay the costs of 7 |
---|
| 266 | + | administering this Article and for other law enforcement purposes. The county shall expend the 8 |
---|
| 267 | + | restricted funds for these purposes only. 9 |
---|
| 268 | + | (a1) The permit fees for a retired sworn law enforcement officer who provides the 10 |
---|
| 269 | + | information required by subdivisions (1) and (2) of this subsection to the sheriff, in addition to 11 |
---|
| 270 | + | any other information required under this Article, are as follows: 12 |
---|
| 271 | + | 13 |
---|
| 272 | + | Application fee ............................................................................ $45.00 14 |
---|
| 273 | + | Renewal or reissuance fee ........................................................... $40.00 15 |
---|
292 | | - | (16) Establish standards and guidelines for the annual firearms certification of 39 |
---|
293 | | - | qualified retired law enforcement officers, as defined in G.S. 14-415.10(4b), 40 |
---|
294 | | - | G.S. 14-415.10(11), to efficiently implement the provisions of 41 |
---|
295 | | - | G.S. 14-415.25. The standards shall provide for the courses, qualifications, 42 |
---|
296 | | - | and the issuance of the annual firearms qualification certification. The 43 |
---|
297 | | - | Commission may adopt any rules necessary to effect the provisions of this 44 |
---|
298 | | - | section, and may charge a reasonable fee to applicants for the costs incurred 45 |
---|
299 | | - | in compliance with this subdivision. 46 |
---|
300 | | - | …." 47 |
---|
301 | | - | SECTION 2.12. G.S. 14-269(a1) reads as rewritten: 48 |
---|
302 | | - | "(a1) It shall be unlawful for any person willfully and intentionally to willfully and 49 |
---|
303 | | - | intentionally carry any pistol or gun concealed about his or her person any pistol or gun except 50 |
---|
304 | | - | in the following circumstances: 51 General Assembly Of North Carolina Session 2025 |
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305 | | - | House Bill 674-First Edition Page 7 |
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306 | | - | (1) The person is on the person's own premises. 1 |
---|
307 | | - | (2) The deadly weapon is a handgun, the person has a concealed handgun permit 2 |
---|
308 | | - | issued in accordance with Article 54B of this Chapter or considered valid 3 |
---|
309 | | - | under G.S. 14-415.24, and the person is carrying the concealed handgun in 4 |
---|
310 | | - | accordance with the scope of the concealed handgun permit as set out in 5 |
---|
311 | | - | G.S. 14-415.11(c). 6 |
---|
312 | | - | (3) The deadly weapon is a handgun and the person is a military permittee as 7 |
---|
313 | | - | defined under G.S. 14-415.10(2a) G.S. 14-415.10(6) who provides to the law 8 |
---|
314 | | - | enforcement officer proof of deployment as required under 9 |
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315 | | - | G.S. 14-415.11(a)." 10 |
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316 | | - | SECTION 2.13. This Part becomes effective December 1, 2025, and applies to all 11 |
---|
317 | | - | permits issued or renewed on or after that date. 12 |
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318 | | - | 13 |
---|
319 | | - | PART III. REVISE LAW ON LAPSE OF CONCEAL ED CARRY PERMIT 14 |
---|
320 | | - | SECTION 3.1. G.S. 14-415.16(e) reads as rewritten: 15 |
---|
321 | | - | "(e) If the permittee does not apply to renew the permit prior to its expiration date, but 16 |
---|
322 | | - | does apply to renew the permit within 60 less than 180 days after the permit expires, the sheriff 17 |
---|
323 | | - | may shall waive the requirement of taking another firearms safety and training course. If the 18 |
---|
324 | | - | permittee applies to renew the permit between 180 days and one year after the permit expires, 19 |
---|
325 | | - | the sheriff may waive the requirement of taking another firearms and safety training course. This 20 |
---|
326 | | - | subsection does not extend the expiration date of the permit." 21 |
---|
327 | | - | SECTION 3.2. This Part becomes effective October 1, 2025, and applies to renewal 22 |
---|
328 | | - | applications submitted on or after that date. 23 |
---|
329 | | - | 24 |
---|
330 | | - | PART IV. PROPERTY PROTECTION ACT/DVPO 25 |
---|
331 | | - | SECTION 4.1. G.S. 50B-3.1 reads as rewritten: 26 |
---|
332 | | - | "§ 50B-3.1. Surrender and disposal of firearms; violations; exemptions. 27 |
---|
333 | | - | (a) Required Surrender of Firearms. – Upon issuance of an emergency or ex parte order 28 |
---|
334 | | - | pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, 29 |
---|
335 | | - | machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms 30 |
---|
336 | | - | that are in the care, custody, possession, ownership, or control of the defendant if the court finds 31 |
---|
337 | | - | any of the following factors: 32 |
---|
338 | | - | (1) The use or threatened use of a deadly weapon by the defendant or a pattern of 33 |
---|
339 | | - | prior conduct involving the use or threatened use of violence with a firearm 34 |
---|
340 | | - | against persons. 35 |
---|
341 | | - | (2) Threats to seriously injure or kill the aggrieved party or minor child by the 36 |
---|
342 | | - | defendant. 37 |
---|
343 | | - | (3) Threats to commit suicide by the defendant. 38 |
---|
344 | | - | (4) Serious injuries inflicted upon the aggrieved party or minor child by the 39 |
---|
345 | | - | defendant. 40 |
---|
| 349 | + | (d) Surrender. – Upon service of the order, the defendant shall immediately surrender to 39 |
---|
| 350 | + | the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 40 |
---|
| 351 | + | and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 41 |
---|
| 352 | + | control of the defendant. In the event that weapons cannot be surrendered at the time the order is 42 |
---|
| 353 | + | served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 43 |
---|
| 354 | + | 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the firearms 44 |
---|
| 355 | + | or contract with a licensed firearms dealer to provide storage. 45 |
---|
| 356 | + | (1) If the court orders the defendant to surrender firearms, ammunition, and 46 |
---|
| 357 | + | permits, the court shall inform the plaintiff and the defendant of the terms of 47 |
---|
| 358 | + | the protective order and include these terms on the face of the order, including 48 |
---|
| 359 | + | that the defendant is prohibited from possessing, purchasing, or receiving or 49 |
---|
| 360 | + | attempting to possess, purchase, or receive a firearm for so long as the 50 |
---|
| 361 | + | protective order or any successive protective order is in effect. The terms of 51 General Assembly Of North Carolina Session 2025 |
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| 362 | + | Page 8 DRH30256-ML-11 |
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| 363 | + | the order shall include instructions as to how the defendant may request 1 |
---|
| 364 | + | retrieval of any firearms, ammunition, and permits surrendered to the sheriff 2 |
---|
| 365 | + | when the protective order is no longer in effect. The terms shall also include 3 |
---|
| 366 | + | notice of the penalty for violation of G.S. 14-269.8. 4 |
---|
| 367 | + | (2) The sheriff may charge the defendant a reasonable fee for the storage of any 5 |
---|
| 368 | + | firearms and ammunition taken pursuant to a protective order. The fees are 6 |
---|
| 369 | + | payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 7 |
---|
| 370 | + | the county finance officer. The fees shall be used by the sheriff to pay the costs 8 |
---|
| 371 | + | of administering this section and for other law enforcement purposes. The 9 |
---|
| 372 | + | county shall expend the restricted funds for these purposes only. The sheriff 10 |
---|
| 373 | + | shall not release firearms, ammunition, or permits without a court order 11 |
---|
| 374 | + | granting the release. The defendant must remit all fees owed prior to the 12 |
---|
| 375 | + | authorized return of any firearms, ammunition, or permits. The sheriff shall 13 |
---|
| 376 | + | not incur any civil or criminal liability for alleged damage or deterioration due 14 |
---|
| 377 | + | to storage or transportation of any firearms or ammunition held pursuant to 15 |
---|
| 378 | + | this section. 16 |
---|
| 379 | + | (d1) Transfer to Licensed Firearms Dealer. – After the defendant surrenders possession of 17 |
---|
| 380 | + | all firearms, machine guns, ammunition, and permits to the sheriff pursuant to subsection (d) of 18 |
---|
| 381 | + | this section, the defendant may enter into an agreement with a qualified licensed firearms dealer 19 |
---|
| 382 | + | to take possession of the surrendered items from the custody of the sheriff if (i) the defendant is 20 |
---|
| 383 | + | the owner of the items and (ii) the items have been in the custody of the sheriff at least 15 days. 21 |
---|
| 384 | + | The defendant shall authorize the qualified licensed firearms dealer to submit the form provided 22 |
---|
| 385 | + | for in this subsection requesting the transfer of the firearms, machine guns, and ammunition to 23 |
---|
| 386 | + | the sheriff currently storing the items. The qualified licensed firearms dealer must present the 24 |
---|
| 387 | + | completed form and a copy of the dealer's valid federal firearms license to the sheriff, who shall 25 |
---|
| 388 | + | have 24 hours to facilitate the transfer of the firearms, machine guns, and ammunition to the 26 |
---|
| 389 | + | dealer. Any funds received from the sale of a firearm, machine gun, or ammunition by a 27 |
---|
| 390 | + | defendant pursuant to this subsection are the property of the defendant. The defendant's permits 28 |
---|
| 391 | + | to purchase firearms and permits to carry concealed firearms shall remain in the care and custody 29 |
---|
| 392 | + | of the sheriff as provided in subsection (d) of this section. 30 |
---|
| 393 | + | At the time a qualified licensed firearms dealer takes possession of the firearms, machine 31 |
---|
| 394 | + | guns, and ammunition, the dealer shall provide a copy of the record required to be maintained 32 |
---|
| 395 | + | under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition to 33 |
---|
| 396 | + | both the sheriff and the owner of the firearms, machine guns, and ammunition. 34 |
---|
| 397 | + | A qualified licensed firearms dealer that accepts firearms, machine guns, and ammunition 35 |
---|
| 398 | + | pursuant to this subsection shall not (i) release the firearms, machine guns, or ammunition to the 36 |
---|
| 399 | + | defendant unless the motion for a protective order is dismissed or any order of surrender has 37 |
---|
| 400 | + | expired or (ii) transfer possession of the firearms, machine guns, or ammunition to any person 38 |
---|
| 401 | + | the dealer knows or reasonably should know will allow the defendant to exercise care, custody, 39 |
---|
| 402 | + | possession, ownership, or control of the firearms, machine guns, or ammunition, and any 40 |
---|
| 403 | + | violation of this prohibition is a Class 2 misdemeanor. 41 |
---|
| 404 | + | The Administrative Office of the Courts shall create a form for use in transferring firearms, 42 |
---|
| 405 | + | machine guns, and ammunition from the custody of the sheriff to a qualified licensed firearms 43 |
---|
| 406 | + | dealer pursuant to this subsection. The form shall require the notarized signatures of both the 44 |
---|
| 407 | + | defendant and the qualified licensed firearms dealer and shall allow for either the storage or sale 45 |
---|
| 408 | + | of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. The 46 |
---|
| 409 | + | form shall also include information concerning the defendant's rights to recover the surrendered 47 |
---|
| 410 | + | firearms, machine guns, or ammunition. 48 |
---|
| 411 | + | The sheriff shall not charge a fee for the first 15 days of storage for any items transferred to 49 |
---|
| 412 | + | a qualified licensed firearms dealer pursuant to this subsection. 50 General Assembly Of North Carolina Session 2025 |
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| 413 | + | DRH30256-ML-11 Page 9 |
---|
| 414 | + | (e) Retrieval. – If the court does not enter a protective order when the ex parte or 1 |
---|
| 415 | + | emergency order expires, the defendant may retrieve any weapons surrendered to the sheriff or 2 |
---|
| 416 | + | the qualified licensed firearms dealer unless the court finds that the defendant is precluded from 3 |
---|
| 417 | + | owning or possessing a firearm pursuant to State or federal law or final disposition of any pending 4 |
---|
| 418 | + | criminal charges committed against the person that is the subject of the current protective order. 5 |
---|
| 419 | + | (f) Motion Request for Return. – The defendant may request the return of any firearms, 6 |
---|
| 420 | + | ammunition, or permits surrendered by filing a motion with the court submitting a written request 7 |
---|
| 421 | + | with the sheriff or the qualified licensed firearms dealer who has control of the firearms, 8 |
---|
| 422 | + | ammunition, or permits at the expiration of the current order or final disposition of any pending 9 |
---|
| 423 | + | criminal charges committed against the person that is the subject of the current protective order 10 |
---|
| 424 | + | and not later than 90 days 30 days after the expiration of the current order or final disposition of 11 |
---|
| 425 | + | any pending criminal charges committed against the person that is the subject of the current 12 |
---|
| 426 | + | protective order. Upon receipt of the motion, request, the sheriff or the qualified licensed firearms 13 |
---|
| 427 | + | dealer shall conduct a check through the National Instant Criminal Background Check System 14 |
---|
| 428 | + | (NICS). If the results of the NICS check provide grounds that preclude the defendant from 15 |
---|
| 429 | + | owning or possessing a firearm under State or federal law, the sheriff or the qualified licensed 16 |
---|
| 430 | + | firearms dealer shall file a motion with the court on a form created by the Administrative Office 17 |
---|
| 431 | + | of the Courts and shall not return the firearms, ammunition, or permits until the court has ruled 18 |
---|
| 432 | + | on the motion. Upon receipt of the motion, the court shall schedule a hearing and provide written 19 |
---|
| 433 | + | notice to the plaintiff who shall have the right to appear and be heard and to the sheriff or the 20 |
---|
| 434 | + | qualified licensed firearms dealer who has control of the firearms, ammunition, or permits. The 21 |
---|
| 435 | + | court shall determine whether the defendant is subject to any State or federal law or court order 22 |
---|
| 436 | + | that precludes the defendant from owning or possessing a firearm. The inquiry shall include: 23 |
---|
| 437 | + | (1) Whether the protective order has been renewed. 24 |
---|
| 438 | + | (2) Whether the defendant is subject to any other protective orders. 25 |
---|
| 439 | + | (3) Whether the defendant is disqualified from owning or possessing a firearm 26 |
---|
| 440 | + | pursuant to 18 U.S.C. § 922 or any State law. 27 |
---|
| 441 | + | (4) Whether the defendant has any pending criminal charges, in either State or 28 |
---|
| 442 | + | federal court, committed against the person that is the subject of the current 29 |
---|
| 443 | + | protective order. 30 |
---|
| 444 | + | The court shall deny the return of firearms, ammunition, or permits if the court finds that the 31 |
---|
| 445 | + | defendant is precluded from owning or possessing a firearm pursuant to State or federal law or 32 |
---|
| 446 | + | if the defendant has any pending criminal charges, in either State or federal court, committed 33 |
---|
| 447 | + | against the person that is the subject of the current protective order until the final disposition of 34 |
---|
| 448 | + | those charges. 35 |
---|
| 449 | + | (g) Motion for Return by Third-Party Owner. – A third-party owner of firearms, 36 |
---|
| 450 | + | ammunition, or permits who is otherwise eligible to possess such items may file a motion 37 |
---|
| 451 | + | requesting the return to said third party of any such items in the possession of the sheriff or the 38 |
---|
| 452 | + | qualified licensed firearms dealer seized as a result of the entry of a domestic violence protective 39 |
---|
| 453 | + | order. The motion must be filed not later than 30 days after the seizure of the items by the sheriff. 40 |
---|
| 454 | + | Upon receipt of the third party's motion, the court shall schedule a hearing and provide written 41 |
---|
| 455 | + | notice to all parties and the sheriff. sheriff or the qualified licensed firearms dealer. The court 42 |
---|
| 456 | + | shall order return of the items to the third party unless the court determines that the third party is 43 |
---|
| 457 | + | disqualified from owning or possessing said items pursuant to State or federal law. If the court 44 |
---|
| 458 | + | denies the return of said items to the third party, the items shall be disposed of by the sheriff or 45 |
---|
| 459 | + | the qualified licensed firearms dealer as provided in subsection (h) of this section. 46 |
---|
| 460 | + | (h) Disposal of Firearms. – If the defendant does not file a motion requesting submit a 47 |
---|
| 461 | + | written request for the return of any firearms, ammunition, or permits surrendered within the time 48 |
---|
| 462 | + | period prescribed by this section, if the court determines that the defendant is precluded from 49 |
---|
| 463 | + | regaining possession of any firearms, ammunition, or permits surrendered, or if the defendant or 50 |
---|
| 464 | + | third-party owner fails to remit all fees owed for the storage of the firearms or ammunition within 51 General Assembly Of North Carolina Session 2025 |
---|
| 465 | + | Page 10 DRH30256-ML-11 |
---|
| 466 | + | 30 days of the request for the return of firearms, ammunition, or permits or entry of the an order 1 |
---|
| 467 | + | granting the return of the firearms, ammunition, or permits, the sheriff or the qualified licensed 2 |
---|
| 468 | + | firearms dealer who has control of the firearms, ammunition, or permits shall give notice to the 3 |
---|
| 469 | + | defendant, and the sheriff or the qualified licensed firearms dealer shall apply to the court for an 4 |
---|
| 470 | + | order of disposition of the firearms, ammunition, or permits. The judge, after a hearing, may 5 |
---|
| 471 | + | order the disposition of the firearms, ammunition, or permits in one or more of the ways 6 |
---|
| 472 | + | authorized by law, including subdivision (4), (4b), (5), or (6) of G.S. 14-269.1. Additionally, for 7 |
---|
| 473 | + | firearms and ammunition surrendered to a qualified licensed firearms dealer under subsection 8 |
---|
| 474 | + | (d1) of this section, the judge may order the firearms and ammunition disposed of by sale by the 9 |
---|
| 475 | + | qualified licensed firearms dealer. If a sale by the sheriff or a qualified licensed firearms dealer 10 |
---|
| 476 | + | does occur, occur pursuant to this subsection, any proceeds from the sale after deducting any 11 |
---|
| 477 | + | costs associated with the sale, sale and any storage fees owed to the sheriff or the qualified 12 |
---|
| 478 | + | licensed firearms dealer, and in accordance with all applicable State and federal law, shall be 13 |
---|
| 479 | + | provided to the defendant, if requested by the defendant by motion made before the hearing or at 14 |
---|
| 480 | + | the hearing and if ordered by the judge.defendant. 15 |
---|
| 481 | + | (i) Failure to Surrender or Disclose. – It is unlawful for any person subject to a protective 16 |
---|
| 482 | + | order prohibiting the possession or purchase of firearms to:to do any of the following: 17 |
---|
| 483 | + | (1) Fail to surrender all firearms, ammunition, permits to purchase firearms, and 18 |
---|
| 484 | + | permits to carry concealed firearms to the sheriff as ordered by the court;court. 19 |
---|
| 485 | + | (2) Fail to disclose all information pertaining to the possession of firearms, 20 |
---|
| 486 | + | ammunition, and permits to purchase and permits to carry concealed firearms 21 |
---|
| 487 | + | as requested by the court; orcourt. 22 |
---|
| 488 | + | (3) Provide false information to the court pertaining to any of these items. 23 |
---|
| 489 | + | … 24 |
---|
| 490 | + | (l) Construction. – Nothing in this section is intended to limit the discretion of the court 25 |
---|
| 491 | + | in granting additional relief as provided in other sections of this Chapter. 26 |
---|
| 492 | + | (m) Qualified Licensed Firearms Dealer. – For purposes of this section, the term 27 |
---|
| 493 | + | "qualified licensed firearms dealer" shall mean a federally licensed firearms dealer that meets all 28 |
---|
| 494 | + | of the following requirements: 29 |
---|
| 495 | + | (1) Operates a business in a commercial building located in the State. 30 |
---|
| 496 | + | (2) Is open to the public. 31 |
---|
| 497 | + | (3) Regularly engages in the purchase and sale of firearms with members of the 32 |
---|
| 498 | + | public." 33 |
---|
| 499 | + | SECTION 4.2. This Part becomes effective December 1, 2025, and applies to orders 34 |
---|
| 500 | + | issued on or after that date. 35 |
---|
| 501 | + | 36 |
---|
| 502 | + | PART V. AUTHORIZE THE STORAGE AND USE OF DEFENSIVE DEVICES IN 37 |
---|
| 503 | + | BIOMETRIC SAFES FOR SCHOOLS 38 |
---|
| 504 | + | SECTION 5.1. G.S. 14-269(b) reads as rewritten: 39 |
---|
| 505 | + | "(b) This prohibition shall not apply to the following persons: 40 |
---|
347 | | - | (d) Surrender. – Upon service of the order, the defendant shall immediately surrender to 42 |
---|
348 | | - | the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 43 |
---|
349 | | - | and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 44 |
---|
350 | | - | control of the defendant. In the event that weapons cannot be surrendered at the time the order is 45 |
---|
351 | | - | served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 46 |
---|
352 | | - | 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the firearms 47 |
---|
353 | | - | or contract with a licensed firearms dealer to provide storage. 48 |
---|
354 | | - | (1) If the court orders the defendant to surrender firearms, ammunition, and 49 |
---|
355 | | - | permits, the court shall inform the plaintiff and the defendant of the terms of 50 |
---|
356 | | - | the protective order and include these terms on the face of the order, including 51 General Assembly Of North Carolina Session 2025 |
---|
357 | | - | Page 8 House Bill 674-First Edition |
---|
358 | | - | that the defendant is prohibited from possessing, purchasing, or receiving or 1 |
---|
359 | | - | attempting to possess, purchase, or receive a firearm for so long as the 2 |
---|
360 | | - | protective order or any successive protective order is in effect. The terms of 3 |
---|
361 | | - | the order shall include instructions as to how the defendant may request 4 |
---|
362 | | - | retrieval of any firearms, ammunition, and permits surrendered to the sheriff 5 |
---|
363 | | - | when the protective order is no longer in effect. The terms shall also include 6 |
---|
364 | | - | notice of the penalty for violation of G.S. 14-269.8. 7 |
---|
365 | | - | (2) The sheriff may charge the defendant a reasonable fee for the storage of any 8 |
---|
366 | | - | firearms and ammunition taken pursuant to a protective order. The fees are 9 |
---|
367 | | - | payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 10 |
---|
368 | | - | the county finance officer. The fees shall be used by the sheriff to pay the costs 11 |
---|
369 | | - | of administering this section and for other law enforcement purposes. The 12 |
---|
370 | | - | county shall expend the restricted funds for these purposes only. The sheriff 13 |
---|
371 | | - | shall not release firearms, ammunition, or permits without a court order 14 |
---|
372 | | - | granting the release. The defendant must remit all fees owed prior to the 15 |
---|
373 | | - | authorized return of any firearms, ammunition, or permits. The sheriff shall 16 |
---|
374 | | - | not incur any civil or criminal liability for alleged damage or deterioration due 17 |
---|
375 | | - | to storage or transportation of any firearms or ammunition held pursuant to 18 |
---|
376 | | - | this section. 19 |
---|
377 | | - | (d1) Transfer to Licensed Firearms Dealer. – After the defendant surrenders possession of 20 |
---|
378 | | - | all firearms, machine guns, ammunition, and permits to the sheriff pursuant to subsection (d) of 21 |
---|
379 | | - | this section, the defendant may enter into an agreement with a qualified licensed firearms dealer 22 |
---|
380 | | - | to take possession of the surrendered items from the custody of the sheriff if (i) the defendant is 23 |
---|
381 | | - | the owner of the items and (ii) the items have been in the custody of the sheriff at least 15 days. 24 |
---|
382 | | - | The defendant shall authorize the qualified licensed firearms dealer to submit the form provided 25 |
---|
383 | | - | for in this subsection requesting the transfer of the firearms, machine guns, and ammunition to 26 |
---|
384 | | - | the sheriff currently storing the items. The qualified licensed firearms dealer must present the 27 |
---|
385 | | - | completed form and a copy of the dealer's valid federal firearms license to the sheriff, who shall 28 |
---|
386 | | - | have 24 hours to facilitate the transfer of the firearms, machine guns, and ammunition to the 29 |
---|
387 | | - | dealer. Any funds received from the sale of a firearm, machine gun, or ammunition by a 30 |
---|
388 | | - | defendant pursuant to this subsection are the property of the defendant. The defendant's permits 31 |
---|
389 | | - | to purchase firearms and permits to carry concealed firearms shall remain in the care and custody 32 |
---|
390 | | - | of the sheriff as provided in subsection (d) of this section. 33 |
---|
391 | | - | At the time a qualified licensed firearms dealer takes possession of the firearms, machine 34 |
---|
392 | | - | guns, and ammunition, the dealer shall provide a copy of the record required to be maintained 35 |
---|
393 | | - | under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition to 36 |
---|
394 | | - | both the sheriff and the owner of the firearms, machine guns, and ammunition. 37 |
---|
395 | | - | A qualified licensed firearms dealer that accepts firearms, machine guns, and ammunition 38 |
---|
396 | | - | pursuant to this subsection shall not (i) release the firearms, machine guns, or ammunition to the 39 |
---|
397 | | - | defendant unless the motion for a protective order is dismissed or any order of surrender has 40 |
---|
398 | | - | expired or (ii) transfer possession of the firearms, machine guns, or ammunition to any person 41 |
---|
399 | | - | the dealer knows or reasonably should know will allow the defendant to exercise care, custody, 42 |
---|
400 | | - | possession, ownership, or control of the firearms, machine guns, or ammunition, and any 43 |
---|
401 | | - | violation of this prohibition is a Class 2 misdemeanor. 44 |
---|
402 | | - | The Administrative Office of the Courts shall create a form for use in transferring firearms, 45 |
---|
403 | | - | machine guns, and ammunition from the custody of the sheriff to a qualified licensed firearms 46 |
---|
404 | | - | dealer pursuant to this subsection. The form shall require the notarized signatures of both the 47 |
---|
405 | | - | defendant and the qualified licensed firearms dealer and shall allow for either the storage or sale 48 |
---|
406 | | - | of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. The 49 |
---|
407 | | - | form shall also include information concerning the defendant's rights to recover the surrendered 50 |
---|
408 | | - | firearms, machine guns, or ammunition. 51 General Assembly Of North Carolina Session 2025 |
---|
409 | | - | House Bill 674-First Edition Page 9 |
---|
410 | | - | The sheriff shall not charge a fee for the first 15 days of storage for any items transferred to 1 |
---|
411 | | - | a qualified licensed firearms dealer pursuant to this subsection. 2 |
---|
412 | | - | (e) Retrieval. – If the court does not enter a protective order when the ex parte or 3 |
---|
413 | | - | emergency order expires, the defendant may retrieve any weapons surrendered to the sheriff or 4 |
---|
414 | | - | the qualified licensed firearms dealer unless the court finds that the defendant is precluded from 5 |
---|
415 | | - | owning or possessing a firearm pursuant to State or federal law or final disposition of any pending 6 |
---|
416 | | - | criminal charges committed against the person that is the subject of the current protective order. 7 |
---|
417 | | - | (f) Motion Request for Return. – The defendant may request the return of any firearms, 8 |
---|
418 | | - | ammunition, or permits surrendered by filing a motion with the court submitting a written request 9 |
---|
419 | | - | with the sheriff or the qualified licensed firearms dealer who has control of the firearms, 10 |
---|
420 | | - | ammunition, or permits at the expiration of the current order or final disposition of any pending 11 |
---|
421 | | - | criminal charges committed against the person that is the subject of the current protective order 12 |
---|
422 | | - | and not later than 90 days 30 days after the expiration of the current order or final disposition of 13 |
---|
423 | | - | any pending criminal charges committed against the person that is the subject of the current 14 |
---|
424 | | - | protective order. Upon receipt of the motion, request, the sheriff or the qualified licensed firearms 15 |
---|
425 | | - | dealer shall conduct a check through the National Instant Criminal Background Check System 16 |
---|
426 | | - | (NICS). If the results of the NICS check provide grounds that preclude the defendant from 17 |
---|
427 | | - | owning or possessing a firearm under State or federal law, the sheriff or the qualified licensed 18 |
---|
428 | | - | firearms dealer shall file a motion with the court on a form created by the Administrative Office 19 |
---|
429 | | - | of the Courts and shall not return the firearms, ammunition, or permits until the court has ruled 20 |
---|
430 | | - | on the motion. Upon receipt of the motion, the court shall schedule a hearing and provide written 21 |
---|
431 | | - | notice to the plaintiff who shall have the right to appear and be heard and to the sheriff or the 22 |
---|
432 | | - | qualified licensed firearms dealer who has control of the firearms, ammunition, or permits. The 23 |
---|
433 | | - | court shall determine whether the defendant is subject to any State or federal law or court order 24 |
---|
434 | | - | that precludes the defendant from owning or possessing a firearm. The inquiry shall include: 25 |
---|
435 | | - | (1) Whether the protective order has been renewed. 26 |
---|
436 | | - | (2) Whether the defendant is subject to any other protective orders. 27 |
---|
437 | | - | (3) Whether the defendant is disqualified from owning or possessing a firearm 28 |
---|
438 | | - | pursuant to 18 U.S.C. § 922 or any State law. 29 |
---|
439 | | - | (4) Whether the defendant has any pending criminal charges, in either State or 30 |
---|
440 | | - | federal court, committed against the person that is the subject of the current 31 |
---|
441 | | - | protective order. 32 |
---|
442 | | - | The court shall deny the return of firearms, ammunition, or permits if the court finds that the 33 |
---|
443 | | - | defendant is precluded from owning or possessing a firearm pursuant to State or federal law or 34 |
---|
444 | | - | if the defendant has any pending criminal charges, in either State or federal court, committed 35 |
---|
445 | | - | against the person that is the subject of the current protective order until the final disposition of 36 |
---|
446 | | - | those charges. 37 |
---|
447 | | - | (g) Motion for Return by Third-Party Owner. – A third-party owner of firearms, 38 |
---|
448 | | - | ammunition, or permits who is otherwise eligible to possess such items may file a motion 39 |
---|
449 | | - | requesting the return to said third party of any such items in the possession of the sheriff or the 40 |
---|
450 | | - | qualified licensed firearms dealer seized as a result of the entry of a domestic violence protective 41 |
---|
451 | | - | order. The motion must be filed not later than 30 days after the seizure of the items by the sheriff. 42 |
---|
452 | | - | Upon receipt of the third party's motion, the court shall schedule a hearing and provide written 43 |
---|
453 | | - | notice to all parties and the sheriff. sheriff or the qualified licensed firearms dealer. The court 44 |
---|
454 | | - | shall order return of the items to the third party unless the court determines that the third party is 45 |
---|
455 | | - | disqualified from owning or possessing said items pursuant to State or federal law. If the court 46 |
---|
456 | | - | denies the return of said items to the third party, the items shall be disposed of by the sheriff or 47 |
---|
457 | | - | the qualified licensed firearms dealer as provided in subsection (h) of this section. 48 |
---|
458 | | - | (h) Disposal of Firearms. – If the defendant does not file a motion requesting submit a 49 |
---|
459 | | - | written request for the return of any firearms, ammunition, or permits surrendered within the time 50 |
---|
460 | | - | period prescribed by this section, if the court determines that the defendant is precluded from 51 General Assembly Of North Carolina Session 2025 |
---|
461 | | - | Page 10 House Bill 674-First Edition |
---|
462 | | - | regaining possession of any firearms, ammunition, or permits surrendered, or if the defendant or 1 |
---|
463 | | - | third-party owner fails to remit all fees owed for the storage of the firearms or ammunition within 2 |
---|
464 | | - | 30 days of the request for the return of firearms, ammunition, or permits or entry of the an order 3 |
---|
465 | | - | granting the return of the firearms, ammunition, or permits, the sheriff or the qualified licensed 4 |
---|
466 | | - | firearms dealer who has control of the firearms, ammunition, or permits shall give notice to the 5 |
---|
467 | | - | defendant, and the sheriff or the qualified licensed firearms dealer shall apply to the court for an 6 |
---|
468 | | - | order of disposition of the firearms, ammunition, or permits. The judge, after a hearing, may 7 |
---|
469 | | - | order the disposition of the firearms, ammunition, or permits in one or more of the ways 8 |
---|
470 | | - | authorized by law, including subdivision (4), (4b), (5), or (6) of G.S. 14-269.1. Additionally, for 9 |
---|
471 | | - | firearms and ammunition surrendered to a qualified licensed firearms dealer under subsection 10 |
---|
472 | | - | (d1) of this section, the judge may order the firearms and ammunition disposed of by sale by the 11 |
---|
473 | | - | qualified licensed firearms dealer. If a sale by the sheriff or a qualified licensed firearms dealer 12 |
---|
474 | | - | does occur, occur pursuant to this subsection, any proceeds from the sale after deducting any 13 |
---|
475 | | - | costs associated with the sale, sale and any storage fees owed to the sheriff or the qualified 14 |
---|
476 | | - | licensed firearms dealer, and in accordance with all applicable State and federal law, shall be 15 |
---|
477 | | - | provided to the defendant, if requested by the defendant by motion made before the hearing or at 16 |
---|
478 | | - | the hearing and if ordered by the judge.defendant. 17 |
---|
479 | | - | (i) Failure to Surrender or Disclose. – It is unlawful for any person subject to a protective 18 |
---|
480 | | - | order prohibiting the possession or purchase of firearms to:to do any of the following: 19 |
---|
481 | | - | (1) Fail to surrender all firearms, ammunition, permits to purchase firearms, and 20 |
---|
482 | | - | permits to carry concealed firearms to the sheriff as ordered by the court;court. 21 |
---|
483 | | - | (2) Fail to disclose all information pertaining to the possession of firearms, 22 |
---|
484 | | - | ammunition, and permits to purchase and permits to carry concealed firearms 23 |
---|
485 | | - | as requested by the court; orcourt. 24 |
---|
486 | | - | (3) Provide false information to the court pertaining to any of these items. 25 |
---|
487 | | - | … 26 |
---|
488 | | - | (l) Construction. – Nothing in this section is intended to limit the discretion of the court 27 |
---|
489 | | - | in granting additional relief as provided in other sections of this Chapter. 28 |
---|
490 | | - | (m) Qualified Licensed Firearms Dealer. – For purposes of this section, the term 29 |
---|
491 | | - | "qualified licensed firearms dealer" shall mean a federally licensed firearms dealer that meets all 30 |
---|
492 | | - | of the following requirements: 31 |
---|
493 | | - | (1) Operates a business in a commercial building located in the State. 32 |
---|
494 | | - | (2) Is open to the public. 33 |
---|
495 | | - | (3) Regularly engages in the purchase and sale of firearms with members of the 34 |
---|
496 | | - | public." 35 |
---|
497 | | - | SECTION 4.2. This Part becomes effective December 1, 2025, and applies to orders 36 |
---|
498 | | - | issued on or after that date. 37 |
---|
499 | | - | 38 |
---|
500 | | - | PART V. AUTHORIZE TH E STORAGE AND USE OF DEFENSIVE DEVICES I N 39 |
---|
501 | | - | BIOMETRIC SAFES FOR SCHOOLS 40 |
---|
502 | | - | SECTION 5.1. G.S. 14-269(b) reads as rewritten: 41 |
---|
503 | | - | "(b) This prohibition shall not apply to the following persons: 42 |
---|
504 | | - | … 43 |
---|
505 | | - | (10) A public school unit or nonpublic school employee who meets the following 44 |
---|
506 | | - | requirements: 45 |
---|
507 | | - | a. The employee has completed annual training for a device 46 |
---|
508 | | - | classification, as required by G.S. 115C-105.52, to access any 47 |
---|
509 | | - | defensive device stored in a locked container that is securely affixed 48 |
---|
510 | | - | to the premises of the educational property and accessible by a 49 |
---|
511 | | - | biometric lock that limits access to only authorized employees with 50 General Assembly Of North Carolina Session 2025 |
---|
512 | | - | House Bill 674-First Edition Page 11 |
---|
513 | | - | training for defensive devices stored within the container or law 1 |
---|
514 | | - | enforcement officers. 2 |
---|
515 | | - | b. The employee accesses and uses a defensive device in response to a 3 |
---|
516 | | - | threatening situation in which force was justified pursuant to 4 |
---|
517 | | - | G.S. 14-51.3." 5 |
---|
518 | | - | SECTION 5.2. G.S. 14-269.2(g) reads as rewritten: 6 |
---|
519 | | - | "(g) This section shall not apply to any of the following: 7 |
---|
520 | | - | … 8 |
---|
521 | | - | (8) A weapon that is a defensive device stored on educational property, as 9 |
---|
522 | | - | provided in G.S. 115C-105.52, or use of those devices by authorized 10 |
---|
523 | | - | employees in response to a threatening situation in which force was justified 11 |
---|
524 | | - | pursuant to G.S. 14-51.3." 12 |
---|
525 | | - | SECTION 5.3. G.S. 115C-105.52 reads as rewritten: 13 |
---|
526 | | - | "§ 115C-105.52. School Defensive device storage and school crisis kits. 14 |
---|
527 | | - | (a) The following definitions apply in this section: 15 |
---|
528 | | - | (1) Authorized employee. – An employee of a public school unit or nonpublic 16 |
---|
529 | | - | school who meets all of the following requirements on an annual basis: 17 |
---|
530 | | - | a. Receives training meeting the standards established by the Center for 18 |
---|
531 | | - | Safer Schools for a device classification. 19 |
---|
532 | | - | b. Is designated by the public school unit as an employee that may access 20 |
---|
533 | | - | a defensive device storage container using that employee's biometric 21 |
---|
534 | | - | information. 22 |
---|
535 | | - | (2) Defensive device. – A device used to defend against the imminent use of 23 |
---|
536 | | - | unlawful force. A defensive device may include, but is not limited to, a 24 |
---|
537 | | - | disabling chemical spray, an electronic incapacitation device, or a firearm. 25 |
---|
538 | | - | (3) Defensive device storage container. – A locked container that is securely 26 |
---|
539 | | - | affixed to the premises of the educational property and accessible by a 27 |
---|
540 | | - | biometric lock that limits access to only authorized employees with training 28 |
---|
541 | | - | for any device classifications stored within the container or law enforcement 29 |
---|
542 | | - | officers. 30 |
---|
543 | | - | (4) Device classification. – A classification of a defensive device corresponding 31 |
---|
544 | | - | to the required training standards established by the Center for Safer Schools 32 |
---|
545 | | - | for use of that device by an employee of the school. 33 |
---|
546 | | - | (5) Nonpublic school. – A school that meets the requirements of Part 1 or 2 of 34 |
---|
547 | | - | Article 39 of this Chapter. 35 |
---|
548 | | - | (b) Any public school unit or nonpublic school may provide for defensive devices on the 36 |
---|
549 | | - | educational property of the school if those defensive devices are stored in a defensive device 37 |
---|
550 | | - | storage container. The administrator for each school may affix one or more defensive device 38 |
---|
551 | | - | storage containers at appropriate locations in the school and may post signs alerting the public to 39 |
---|
552 | | - | the presence of the defensive device storage containers. 40 |
---|
553 | | - | (c) No employee shall be required to complete training for any defensive device, 41 |
---|
554 | | - | regardless of device classification. Only employees that have completed the annual training for 42 |
---|
555 | | - | a device classification shall be eligible for biometric access to a defensive device storage 43 |
---|
556 | | - | container with that device classification. 44 |
---|
557 | | - | (d) A public school unit, nonpublic school, or authorized employee shall not be liable in 45 |
---|
558 | | - | civil damages for any act or omission related to a defensive device unless the act or omission 46 |
---|
559 | | - | amounts to gross negligence, wanton conduct, or intentional wrongdoing. 47 |
---|
560 | | - | (e) The Center for Safer Schools, in consultation with the Department of Public 48 |
---|
561 | | - | Instruction and the Department of Public Safety, shall develop and adopt policies on the 49 |
---|
562 | | - | placement of school crisis kits in schools and on the contents of those kits. The kits shall include, 50 |
---|
563 | | - | at a minimum, basic first-aid supplies and communications devices. 51 General Assembly Of North Carolina Session 2025 |
---|
564 | | - | Page 12 House Bill 674-First Edition |
---|
| 507 | + | (10) A public school unit or nonpublic school employee who meets the following 42 |
---|
| 508 | + | requirements: 43 |
---|
| 509 | + | a. The employee has completed annual training for a device 44 |
---|
| 510 | + | classification, as required by G.S. 115C-105.52, to access any 45 |
---|
| 511 | + | defensive device stored in a locked container that is securely affixed 46 |
---|
| 512 | + | to the premises of the educational property and accessible by a 47 |
---|
| 513 | + | biometric lock that limits access to only authorized employees with 48 |
---|
| 514 | + | training for defensive devices stored within the container or law 49 |
---|
| 515 | + | enforcement officers. 50 General Assembly Of North Carolina Session 2025 |
---|
| 516 | + | DRH30256-ML-11 Page 11 |
---|
| 517 | + | b. The employee accesses and uses a defensive device in response to a 1 |
---|
| 518 | + | threatening situation in which force was justified pursuant to 2 |
---|
| 519 | + | G.S. 14-51.3." 3 |
---|
| 520 | + | SECTION 5.2. G.S. 14-269.2(g) reads as rewritten: 4 |
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| 521 | + | "(g) This section shall not apply to any of the following: 5 |
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| 522 | + | … 6 |
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| 523 | + | (8) A weapon that is a defensive device stored on educational property, as 7 |
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| 524 | + | provided in G.S. 115C-105.52, or use of those devices by authorized 8 |
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| 525 | + | employees in response to a threatening situation in which force was justified 9 |
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| 526 | + | pursuant to G.S. 14-51.3." 10 |
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| 527 | + | SECTION 5.3. G.S. 115C-105.52 reads as rewritten: 11 |
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| 528 | + | "§ 115C-105.52. School Defensive device storage and school crisis kits. 12 |
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| 529 | + | (a) The following definitions apply in this section: 13 |
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| 530 | + | (1) Authorized employee. – An employee of a public school unit or nonpublic 14 |
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| 531 | + | school who meets all of the following requirements on an annual basis: 15 |
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| 532 | + | a. Receives training meeting the standards established by the Center for 16 |
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| 533 | + | Safer Schools for a device classification. 17 |
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| 534 | + | b. Is designated by the public school unit as an employee that may access 18 |
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| 535 | + | a defensive device storage container using that employee's biometric 19 |
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| 536 | + | information. 20 |
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| 537 | + | (2) Defensive device. – A device used to defend against the imminent use of 21 |
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| 538 | + | unlawful force. A defensive device may include, but is not limited to, a 22 |
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| 539 | + | disabling chemical spray, an electronic incapacitation device, or a firearm. 23 |
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| 540 | + | (3) Defensive device storage container. – A locked container that is securely 24 |
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| 541 | + | affixed to the premises of the educational property and accessible by a 25 |
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| 542 | + | biometric lock that limits access to only authorized employees with training 26 |
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| 543 | + | for any device classifications stored within the container or law enforcement 27 |
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| 544 | + | officers. 28 |
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| 545 | + | (4) Device classification. – A classification of a defensive device corresponding 29 |
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| 546 | + | to the required training standards established by the Center for Safer Schools 30 |
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| 547 | + | for use of that device by an employee of the school. 31 |
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| 548 | + | (5) Nonpublic school. – A school that meets the requirements of Part 1 or 2 of 32 |
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| 549 | + | Article 39 of this Chapter. 33 |
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| 550 | + | (b) Any public school unit or nonpublic school may provide for defensive devices on the 34 |
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| 551 | + | educational property of the school if those defensive devices are stored in a defensive device 35 |
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| 552 | + | storage container. The administrator for each school may affix one or more defensive device 36 |
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| 553 | + | storage containers at appropriate locations in the school and may post signs alerting the public to 37 |
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| 554 | + | the presence of the defensive device storage containers. 38 |
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| 555 | + | (c) No employee shall be required to complete training for any defensive device, 39 |
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| 556 | + | regardless of device classification. Only employees that have completed the annual training for 40 |
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| 557 | + | a device classification shall be eligible for biometric access to a defensive device storage 41 |
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| 558 | + | container with that device classification. 42 |
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| 559 | + | (d) A public school unit, nonpublic school, or authorized employee shall not be liable in 43 |
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| 560 | + | civil damages for any act or omission related to a defensive device unless the act or omission 44 |
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| 561 | + | amounts to gross negligence, wanton conduct, or intentional wrongdoing. 45 |
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| 562 | + | (e) The Center for Safer Schools, in consultation with the Department of Public 46 |
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| 563 | + | Instruction and the Department of Public Safety, shall develop and adopt policies on the 47 |
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| 564 | + | placement of school crisis kits in schools and on the contents of those kits. The kits shall include, 48 |
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| 565 | + | at a minimum, basic first-aid supplies and communications devices. 49 General Assembly Of North Carolina Session 2025 |
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| 566 | + | Page 12 DRH30256-ML-11 |
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