47 | | - | 35 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 732-First Edition |
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49 | | - | PART I. TITLE OF ACT 1 |
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50 | | - | SECTION 1. This act shall be known as "The Comprehensive Common-Sense 2 |
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51 | | - | Approach to Reducing Gun Violence Act." 3 |
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| 47 | + | 35 |
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| 48 | + | PART I. TITLE OF ACT 36 |
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| 49 | + | H.B. 732 |
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| 50 | + | Apr 2, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH10345-MLp-49A |
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| 53 | + | SECTION 1. This act shall be known as "The Comprehensive Common-Sense 1 |
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| 54 | + | Approach to Reducing Gun Violence Act." 2 |
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| 55 | + | 3 |
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| 56 | + | PART II. PERMIT REQUIRED FOR PURCHASE OF ASSAULT WEAPON OR LONG 4 |
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| 57 | + | GUN AND WAITING PERIOD REQUIRED BETWEEN PURCHASE AND DELIVERY 5 |
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| 58 | + | SECTION 2.(a) G.S. 14-402, as it existed immediately before its repeal, is reenacted 6 |
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| 59 | + | and reads as rewritten: 7 |
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| 60 | + | "§ 14-402. Sale of certain weapons without permit forbidden. 8 |
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| 61 | + | (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or 9 |
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| 62 | + | transfer, or to purchase or receive, at any place within this State from any other place within or 10 |
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| 63 | + | without the State any pistol pistol, assault weapon, or long gun unless: (i) a license or permit is 11 |
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| 64 | + | first obtained under this Article by the purchaser or receiver from the sheriff of the county in 12 |
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| 65 | + | which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit 13 |
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| 66 | + | is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of 14 |
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| 67 | + | the State at the time of the purchase. Additionally, it is unlawful for any person in this State to 15 |
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| 68 | + | receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date 16 |
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| 69 | + | of purchase or agreement to give away or transfer the pistol, assault weapon, or long gun. 17 |
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| 70 | + | It is unlawful for any person or persons to receive from any postmaster, postal clerk, 18 |
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| 71 | + | employee in the parcel post department, rural mail carrier, express agent or employee, railroad 19 |
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| 72 | + | agent or employee within the State of North Carolina any pistol pistol, assault weapon, or long 20 |
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| 73 | + | gun without having in his or their possession and without exhibiting at the time of the delivery 21 |
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| 74 | + | of the same and to the person delivering the same the permit from the sheriff as provided in 22 |
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| 75 | + | G.S. 14-403. Any person violating the provisions of this section is guilty of a Class 2 23 |
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| 76 | + | misdemeanor. 24 |
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| 77 | + | (b) This section does not apply to an antique firearm or an historic edged weapon. 25 |
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| 78 | + | (c) The following definitions apply in this Article: 26 |
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| 79 | + | (1) Antique firearm. – Defined in G.S. 14-409.11. 27 |
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| 80 | + | (1a) Assault weapon. – The term includes all of the following: 28 |
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| 81 | + | a. Any selective-fire firearm capable of semiautomatic or burst fire at the 29 |
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| 82 | + | option of the user. The term also includes all of the following 30 |
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| 83 | + | semiautomatic firearms: 31 |
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| 84 | + | 1. Algimec Agmi. 32 |
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| 85 | + | 2. Armalite AR-180. 33 |
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| 86 | + | 3. Australian Automatic Arms SAP Pistol. 34 |
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| 87 | + | 4. Auto-Ordnance Thompson type. 35 |
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| 88 | + | 5. Avtomat Kalashnikov AK-47 type. 36 |
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| 89 | + | 6. Barrett Light-Fifty model 82A1. 37 |
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| 90 | + | 7. Beretta AR-70. 38 |
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| 91 | + | 8. Bushmaster Auto Rifle and Auto Pistol. 39 |
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| 92 | + | 9. Calico models M-900, M-950, and 100-P. 40 |
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| 93 | + | 10. Chartered Industries of Singapore SR-88. 41 |
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| 94 | + | 11. Colt AR-15 and Sporter. 42 |
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| 95 | + | 12. Daewoo K-1, K-2, Max-1, and Max-2. 43 |
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| 96 | + | 13. Encom MK-IV, MP-9, and MP-45. 44 |
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| 97 | + | 14. Fabrique Nationale FN/FAL, FN/LAR, and FN/FNC. 45 |
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| 98 | + | 15. FAMAS MAS 223. 46 |
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| 99 | + | 16. Feather AT-9 and Mini-AT. 47 |
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| 100 | + | 17. Federal XC-900 and XC-450. 48 |
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| 101 | + | 18. Franchi SPAS-12 and LAW-12. 49 |
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| 102 | + | 19. Galil AR and ARM. 50 |
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| 103 | + | 20. Goncz High-Tech Carbine and High-Tech Long Pistol. 51 General Assembly Of North Carolina Session 2025 |
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| 104 | + | DRH10345-MLp-49A Page 3 |
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| 105 | + | 21. Heckler & Koch HK-91, HK-93, HK-94, and SP-89. 1 |
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| 106 | + | 22. Holmes MP-83. 2 |
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| 107 | + | 23. MAC-10, MAC-11, and MAC-11 Carbine type. 3 |
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| 108 | + | 24. Intratec TEC-9 and Scorpion. 4 |
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| 109 | + | 25. Iver Johnson Enforcer model 3000. 5 |
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| 110 | + | 26. Ruger Mini-14/5F folding stock model. 6 |
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| 111 | + | 27. Scarab Skorpion. 7 |
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| 112 | + | 28. SIG 57 AMT and 500 series. 8 |
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| 113 | + | 29. Spectre Auto Carbine and Auto Pistol. 9 |
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| 114 | + | 30. Springfield Armory BM59, SAR-48, and G-3. 10 |
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| 115 | + | 31. Sterling MK-6 and MK-7. 11 |
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| 116 | + | 32. Steyr AUG. 12 |
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| 117 | + | 33. Street Sweeper and Striker-12 revolving cylinder shotguns. 13 |
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| 118 | + | 34. USAS-12. 14 |
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| 119 | + | 35. UZI Carbine, Mini-Carbine, and Pistol. 15 |
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| 120 | + | 36. Weaver Arms Nighthawk. 16 |
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| 121 | + | 37. Wilkinson "Linda" Pistol. 17 |
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| 122 | + | b. All of the following semiautomatic centerfire rifles, or copies or 18 |
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| 123 | + | duplicates with the capability of the rifles: 19 |
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| 124 | + | 1. AK-47. 20 |
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| 125 | + | 2. AK-74. 21 |
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| 126 | + | 3. AKM. 22 |
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| 127 | + | 4. AKS-74U. 23 |
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| 128 | + | 5. ARM. 24 |
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| 129 | + | 6. MAADI AK47. 25 |
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| 130 | + | 7. MAK90. 26 |
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| 131 | + | 8. MISR. 27 |
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| 132 | + | 9. NHM90 and NHM91. 28 |
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| 133 | + | 10. Norinco 56, 56S, 84S, and 86S. 29 |
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| 134 | + | 11. Poly Technologies AKS and AK47. 30 |
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| 135 | + | 12. SA 85. 31 |
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| 136 | + | 13. SA 93. 32 |
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| 137 | + | 14. VEPR. 33 |
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| 138 | + | 15. WASR-10. 34 |
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| 139 | + | 16. WUM. 35 |
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| 140 | + | 17. Rock River Arms LAR-47. 36 |
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| 141 | + | 18. Vector Arms AK-47. 37 |
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| 142 | + | 19. AR-10. 38 |
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| 143 | + | 20. AR-15. 39 |
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| 144 | + | 21. Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR 40 |
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| 145 | + | Rifles, and Bushmaster MOE Rifles. 41 |
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| 146 | + | 22. Colt Match Target Rifles. 42 |
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| 147 | + | 23. Armalite M15. 43 |
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| 148 | + | 24. Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, 44 |
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| 149 | + | K48, K8, and K9 Rifles. 45 |
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| 150 | + | 25. DPMS Tactical Rifles. 46 |
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| 151 | + | 26. Smith and Wesson M&P15 Rifles. 47 |
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| 152 | + | 27. Rock River Arms LAR-15. 48 |
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| 153 | + | 28. Doublestar AR Rifles. 49 |
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| 154 | + | 29. Barrett REC7. 50 |
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| 155 | + | 30. Beretta Storm. 51 General Assembly Of North Carolina Session 2025 |
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| 156 | + | Page 4 DRH10345-MLp-49A |
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| 157 | + | 31. Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, 1 |
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| 158 | + | II, and II Tactical Rifles. 2 |
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| 159 | + | 32. Hi-Point Carbine Rifles. 3 |
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| 160 | + | 33. HK-PSG-1. 4 |
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| 161 | + | 34. Kel-Tec Sub-2000, SU Rifles, and RFB. 5 |
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| 162 | + | 35. Remington Tactical Rifle Model 7615. 6 |
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| 163 | + | 36. SAR-8, SAR-4800, and SR9. 7 |
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| 164 | + | 37. SLG 95. 8 |
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| 165 | + | 38. SLR 95 and 96. 9 |
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| 166 | + | 39. TNW M230 and M2HB. 10 |
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| 167 | + | 40. Vector Arms UZI. 11 |
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| 168 | + | 41. Galil and Galil Sporter. 12 |
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| 169 | + | 42. Daewoo AR 100 and AR 110C. 13 |
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| 170 | + | 43. Fabrique Nationale/FN 308 Match and L1A1 Sporter. 14 |
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| 171 | + | 44. HK USC. 15 |
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| 172 | + | 45. IZHMASH Saiga AK. 16 |
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| 173 | + | 46. SIG Sauer 551-A1, 556, 516, 716, and M400 Rifles. 17 |
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| 174 | + | 47. Valmet M62S, M71S, and M78S. 18 |
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| 175 | + | 48. Wilkinson Arms Linda Carbine. 19 |
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| 176 | + | 49. Barrett M107A1. 20 |
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| 177 | + | c. All of the following semiautomatic centerfire pistols, or copies or 21 |
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| 178 | + | duplicates with the capability of the pistols: 22 |
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| 179 | + | 1. Centurion 39 AK. 23 |
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| 180 | + | 2. Draco AK-47. 24 |
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| 181 | + | 3. HCR AK-47. 25 |
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| 182 | + | 4. IO Inc. Hellpup AK-47. 26 |
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| 183 | + | 5. Mini-Draco AK-47. 27 |
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| 184 | + | 6. Yugo Krebs Krink. 28 |
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| 185 | + | 7. American Spirit AR-15. 29 |
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| 186 | + | 8. Bushmaster Carbon 15. 30 |
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| 187 | + | 9. Doublestar Corporation AR. 31 |
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| 188 | + | 10. DPMS AR-15. 32 |
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| 189 | + | 11. Olympic Arms AR-15. 33 |
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| 190 | + | 12. Rock River Arms LAR-15. 34 |
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| 191 | + | 13. Calico Liberty III and III Tactical Pistols. 35 |
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| 192 | + | 14. Masterpiece Arms MPA Pistols and Velocity Arms VMA 36 |
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| 193 | + | Pistols. 37 |
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| 194 | + | 15. Intratec TEC-DC9 and AB-10. 38 |
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| 195 | + | 16. Colefire Magnum. 39 |
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| 196 | + | 17. German Sport 522 PK and Chiappa Firearms Mfour-22. 40 |
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| 197 | + | 18. DSA SA58 PKP FAL. 41 |
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| 198 | + | 19. I.O. Inc. PPS-43C. 42 |
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| 199 | + | 20. Kel-Tec PLR 16 Pistol. 43 |
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| 200 | + | 21. Sig Sauer P516 and P556 Pistols. 44 |
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| 201 | + | 22. Thompson TA5 Pistols. 45 |
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| 202 | + | d. All IZHMASH Saiga 12 Shotguns, or copies or duplicates with the 46 |
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| 203 | + | capability of the shotguns. 47 |
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| 204 | + | e. All semiautomatic firearms that meet any of the following criteria: 48 |
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| 205 | + | 1. A semiautomatic, centerfire rifle that has the ability to accept 49 |
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| 206 | + | a detachable magazine and has at least one of the following: 50 |
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| 207 | + | I. A folding or telescoping stock. 51 General Assembly Of North Carolina Session 2025 |
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| 208 | + | DRH10345-MLp-49A Page 5 |
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| 209 | + | II. Any grip of the weapon, including a pistol grip, a 1 |
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| 210 | + | thumbhole stock, or any other stock, the use of which 2 |
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| 211 | + | would allow an individual to grip the weapon, resulting 3 |
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| 212 | + | in any finger on the trigger hand in addition to the 4 |
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| 213 | + | trigger finger being directly below any portion of the 5 |
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| 214 | + | action of the weapon when firing. 6 |
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| 215 | + | III. A forward pistol grip. 7 |
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| 216 | + | IV. A flash suppressor. 8 |
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| 217 | + | V. A grenade launcher or flare launcher. 9 |
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| 218 | + | 2. A semiautomatic, centerfire rifle that has a fixed magazine 10 |
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| 219 | + | with the ability to accept more than 10 rounds. 11 |
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| 220 | + | 3. A semiautomatic, centerfire rifle that has an overall length of 12 |
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| 221 | + | less than 30 inches. 13 |
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| 222 | + | 4. A semiautomatic pistol that has an ability to accept a 14 |
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| 223 | + | detachable magazine and has at least one of the following: 15 |
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| 224 | + | I. An ability to accept a detachable ammunition magazine 16 |
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| 225 | + | that attaches at some location outside of the pistol grip. 17 |
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| 226 | + | II. A threaded barrel capable of accepting a flash 18 |
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| 227 | + | suppressor, forward pistol grip, or silencer. 19 |
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| 228 | + | III. A shroud that is attached to, or partially or completely 20 |
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| 229 | + | encircles, the barrel and that permits the shooter to fire 21 |
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| 230 | + | the firearm without being burned, except a slide that 22 |
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| 231 | + | encloses the barrel. 23 |
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| 232 | + | IV. A second hand grip. 24 |
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| 233 | + | 5. A semiautomatic pistol with a fixed magazine that has the 25 |
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| 234 | + | ability to accept more than 10 rounds. 26 |
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| 235 | + | 6. A semiautomatic shotgun that has both of the following: 27 |
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| 236 | + | I. A folding or telescoping stock. 28 |
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| 237 | + | II. Any grip of the weapon, including a pistol grip, a 29 |
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| 238 | + | thumbhole stock, or any other stock, the use of which 30 |
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| 239 | + | would allow an individual to grip the weapon, resulting 31 |
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| 240 | + | in any finger on the trigger hand in addition to the 32 |
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| 241 | + | trigger finger being directly below any portion of the 33 |
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| 242 | + | action of the weapon when firing. 34 |
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| 243 | + | 7. A semiautomatic shotgun that has the ability to accept a 35 |
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| 244 | + | detachable magazine. 36 |
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| 245 | + | 8. A shotgun with a revolving cylinder. 37 |
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| 246 | + | (4) Historic edged weapon. – Defined in G.S. 14-409.12. 38 |
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| 247 | + | (4a) Long guns. – A shotgun or rifle that is not considered an antique firearm or 39 |
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| 248 | + | assault weapon, as those terms are defined under this section." 40 |
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| 249 | + | SECTION 2.(b) G.S. 14-403, as it existed immediately before its repeal, is reenacted 41 |
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| 250 | + | and reads as rewritten: 42 |
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| 251 | + | "§ 14-403. Permit issued by sheriff; form of permit; expiration of permit. 43 |
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| 252 | + | The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation 44 |
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| 253 | + | in any county a permit to purchase or receive any weapon mentioned in this Article from any 45 |
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| 254 | + | person, firm, or corporation offering to sell or dispose of the weapon. The permit shall expire 46 |
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| 255 | + | five years from the date of issuance. The permit shall be a standard form created by the State 47 |
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| 256 | + | Bureau of Investigation in consultation with the North Carolina Sheriffs' Association, shall be of 48 |
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| 257 | + | a uniform size and material, and shall be designed with security features intended to minimize 49 |
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| 258 | + | the ability to counterfeit or replicate the permit and shall be set forth as follows: 50 |
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| 259 | + | North Carolina, 51 General Assembly Of North Carolina Session 2025 |
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| 260 | + | Page 6 DRH10345-MLp-49A |
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| 261 | + | ________ County. 1 |
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| 262 | + | I, ________, Sheriff of said County, do hereby certify that I have conducted a criminal 2 |
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| 263 | + | background check of the applicant, ________ whose place of residence is ________ in ________ 3 |
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| 264 | + | (or) in ________ Township, ________ County, North Carolina, and have received no 4 |
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| 265 | + | information to indicate that it would be a violation of State or federal law for the applicant to 5 |
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| 266 | + | purchase, transfer, receive, or possess a handgun. The applicant has further satisfied me as to his, 6 |
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| 267 | + | her (or) their good moral character. Therefore, a permit is issued to ________ to purchase one 7 |
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| 268 | + | pistol pistol, one assault weapon, or one long gun from any person, firm or corporation authorized 8 |
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| 269 | + | to dispose of the same. 9 |
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| 270 | + | This permit expires five years from its date of issuance. 10 |
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| 271 | + | This __ day of ______, ____. 11 |
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| 272 | + | ___________________________________ 12 |
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| 273 | + | Sheriff. 13 |
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| 274 | + | The standard permit created by this section shall be used statewide by the sheriffs of any and 14 |
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| 275 | + | all counties and, when issued by a sheriff, shall also contain an embossed seal unique to the office 15 |
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| 276 | + | of the issuing sheriff." 16 |
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| 277 | + | SECTION 2.(c) G.S. 14-315(b1)(1), 14-404, 14-405, 14-407.1, and 122C-54(d2), as 17 |
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| 278 | + | they existed immediately before their repeal, are reenacted. 18 |
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| 279 | + | SECTION 2.(d) G.S. 14-404(c)(1), as reenacted in subsection (c) of this section, 19 |
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| 280 | + | reads as rewritten: 20 |
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| 281 | + | "(1) One who is under an indictment or information for or has been convicted in 21 |
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| 282 | + | any state, or in any court of the United States, of a felony (other than an offense 22 |
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| 283 | + | pertaining to antitrust violations, unfair trade practices, or restraints of trade). 23 |
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| 284 | + | However, a person who has been convicted of a felony in a court of any state 24 |
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| 285 | + | or in a court of the United States and (i) who is later pardoned, or (ii) whose 25 |
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| 286 | + | firearms rights have been restored pursuant to G.S. 14-415.4, may obtain a 26 |
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| 287 | + | permit, if the purchase or receipt of a pistol pistol, assault weapon, or long gun 27 |
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| 288 | + | permitted in this Article does not violate a condition of the pardon or 28 |
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| 289 | + | restoration of firearms rights." 29 |
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| 290 | + | SECTION 2.(e) G.S. 14-408.1(a)(2) reads as rewritten: 30 |
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| 291 | + | "(2) Firearm. – A handgun, assault weapon, shotgun, or rifle which expels a 31 |
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| 292 | + | projectile by action of an explosion." 32 |
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| 293 | + | SECTION 2.(f) This section becomes effective December 1, 2025, and applies to 33 |
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| 294 | + | the sale, giving away, transfer, purchase, or receiving of a pistol, assault weapon, or long gun on 34 |
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| 295 | + | or after that date. 35 |
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| 296 | + | 36 |
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| 297 | + | PART III. PROHIBIT SALE OF ASSAULT WEAPONS OR LONG GUNS TO PERSONS 37 |
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| 298 | + | UNDER A CERTAIN AGE 38 |
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| 299 | + | SECTION 3.(a) G.S. 14-269.7 reads as rewritten: 39 |
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| 300 | + | "§ 14-269.7. Prohibitions on handguns firearms for minors. 40 |
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| 301 | + | (a) Any minor who willfully and intentionally possesses or carries a handgun handgun, 41 |
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| 302 | + | long gun, or assault weapon is guilty of a Class 1 misdemeanor. 42 |
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| 303 | + | (b) This section does not apply: 43 |
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| 304 | + | (1) To officers and enlisted personnel of the Armed Forces of the United States 44 |
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| 305 | + | when in discharge of their official duties or acting under orders requiring them 45 |
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| 306 | + | to carry handguns.handguns, long guns, or assault weapons. 46 |
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| 307 | + | (2) To a minor who possesses a handgun handgun, long gun, or assault weapon 47 |
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| 308 | + | for educational or recreational purposes while the minor is supervised by an 48 |
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| 309 | + | adult who is present. 49 |
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| 310 | + | (3) To an emancipated minor who possesses such handgun handgun, long gun, or 50 |
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| 311 | + | assault weapon inside his or her residence. 51 General Assembly Of North Carolina Session 2025 |
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| 312 | + | DRH10345-MLp-49A Page 7 |
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| 313 | + | (4) To a minor who possesses a handgun handgun, long gun, or assault weapon 1 |
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| 314 | + | while hunting or trapping outside the limits of an incorporated municipality if 2 |
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| 315 | + | he has on his person written permission from a parent, guardian, or other 3 |
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| 316 | + | person standing in loco parentis. 4 |
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| 317 | + | (c) The following definitions apply in this section: 5 |
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| 318 | + | (1) Assault weapon. – As defined in G.S. 14-402. 6 |
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| 319 | + | (1a) Handgun. – A firearm that has a short stock and is designed to be fired by the 7 |
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| 320 | + | use of a single hand, or any combination of parts from which such a firearm 8 |
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| 321 | + | can be assembled. 9 |
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| 322 | + | (1b) Long gun. – As defined in G.S. 14-402. 10 |
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| 323 | + | (2) Minor. – Any person under 18 years of age." 11 |
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| 324 | + | SECTION 3.(b) G.S. 14-315 reads as rewritten: 12 |
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| 325 | + | "§ 14-315. Selling or giving weapons to minors. 13 |
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| 326 | + | (a) Sale of Weapons Other Than Handguns. Handguns, Long Guns, and Assault 14 |
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| 327 | + | Weapons. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol 15 |
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| 328 | + | cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty 16 |
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| 329 | + | of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation 17 |
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| 330 | + | of this section. 18 |
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| 331 | + | (a1) Sale of Handguns. Handguns, Long Guns, and Assault Weapons. – If a person sells, 19 |
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| 332 | + | offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14-269.7, 20 |
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| 333 | + | handgun, long gun, or assault weapon, the person is guilty of a Class H felony and, in addition, 21 |
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| 334 | + | shall forfeit the proceeds of any sale made in violation of this section. This section does not apply 22 |
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| 335 | + | in any of the following circumstances: 23 |
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| 336 | + | (1) The handgun handgun, long gun, or assault weapon is lent to a minor for 24 |
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| 337 | + | temporary use if the minor's possession of the handgun handgun, long gun, or 25 |
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| 338 | + | assault weapon is lawful under G.S. 14-269.7 and G.S. 14-316 and is not 26 |
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| 339 | + | otherwise unlawful. 27 |
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| 340 | + | (2) The handgun handgun, long gun, or assault weapon is transferred to an adult 28 |
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| 341 | + | custodian pursuant to Chapter 33A of the General Statutes, and the minor does 29 |
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| 342 | + | not take possession of the handgun handgun, long gun, or assault weapon 30 |
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| 343 | + | except that the adult custodian may allow the minor temporary possession of 31 |
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| 344 | + | the handgun handgun, long gun, or assault weapon in circumstances in which 32 |
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| 345 | + | the minor's possession of the handgun handgun, long gun, or assault weapon 33 |
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| 346 | + | is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful. 34 |
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| 347 | + | (3) The handgun handgun, long gun, or assault weapon is a devise and is 35 |
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| 348 | + | distributed to a parent or guardian under G.S. 28A-22-7, and the minor does 36 |
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| 349 | + | not take possession of the handgun handgun, long gun, or assault weapon 37 |
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| 350 | + | except that the parent or guardian may allow the minor temporary possession 38 |
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| 351 | + | of the handgun handgun, long gun, or assault weapon in circumstances in 39 |
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| 352 | + | which the minor's possession of the handgun handgun, long gun, or assault 40 |
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| 353 | + | weapon is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise 41 |
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| 354 | + | unlawful. 42 |
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| 355 | + | For purposes of this subsection, the terms "assault weapon," "long gun," "handgun," and 43 |
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| 356 | + | "minor" are as defined in G.S. 14-269.7. 44 |
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| 357 | + | …." 45 |
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| 358 | + | SECTION 3.(c) This section becomes effective December 1, 2025, and applies to 46 |
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| 359 | + | the possession, carrying, sale, offer for sale, giving, or transfer of an assault weapon or long gun 47 |
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| 360 | + | on or after that date. 48 |
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| 361 | + | 49 |
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| 362 | + | PART IV. PROHIBIT THE SALE OR POSSESSION OF BUMP STOCKS OR TRIGGER 50 |
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| 363 | + | CRANKS 51 General Assembly Of North Carolina Session 2025 |
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| 364 | + | Page 8 DRH10345-MLp-49A |
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| 365 | + | SECTION 4.(a) Article 52A of Chapter 14 of the General Statutes is amended by 1 |
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| 366 | + | adding a new section to read: 2 |
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| 367 | + | "§ 14-409A. Bump stocks and trigger cranks prohibited. 3 |
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| 368 | + | (a) Definitions. – The following definitions apply in this section: 4 |
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| 369 | + | (1) Bump stock. – Any device or instrument for a firearm that increases the rate 5 |
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| 370 | + | of fire achievable with the firearm by using energy from the recoil of the 6 |
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| 371 | + | firearm to generate a reciprocating action that facilitates repeated activation 7 |
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| 372 | + | of the trigger. 8 |
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| 373 | + | (2) Firearm. – As defined in G.S. 14-409.39. 9 |
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| 374 | + | (3) Trigger crank. – Any device or instrument to be attached to a firearm that 10 |
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| 375 | + | repeatedly activates the trigger of the firearm through the use of a lever or 11 |
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| 376 | + | other part that is turned in a circular motion. The term does not include any 12 |
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| 377 | + | weapon initially designed and manufactured to fire through the use of a crank 13 |
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| 378 | + | or lever. 14 |
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| 379 | + | (b) Prohibition. – It shall be unlawful for any person, firm, or corporation to manufacture, 15 |
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| 380 | + | sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device 16 |
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| 381 | + | or instrument added to a firearm by a person other than the manufacturer that is designed to 17 |
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| 382 | + | increase the rate of fire achievable by the firearm. 18 |
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| 383 | + | (c) Punishment. – Any person violating this section is guilty of a Class I felony." 19 |
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| 384 | + | SECTION 4.(b) This section becomes effective December 1, 2025, and applies to 20 |
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| 385 | + | the sale, giving away, transfer, use, or possession of bump stocks, trigger cranks, or other similar 21 |
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| 386 | + | devices and instruments added to a firearm by a person other than the manufacturer that is 22 |
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| 387 | + | designed to increase the rate of fire achievable by the firearm on or after that date. 23 |
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| 388 | + | 24 |
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| 389 | + | PART V. REQUIRE SAFE STORAGE OF FIREARMS 25 |
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| 390 | + | SECTION 5.(a) G.S. 14-315.1 is repealed. 26 |
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| 391 | + | SECTION 5.(b) Article 53B of Chapter 14 of the General Statutes is amended by 27 |
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| 392 | + | adding a new section to read: 28 |
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| 393 | + | "§ 14-409.44. Require safe storage of firearms. 29 |
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| 394 | + | (a) Requirement. – Except when being carried or used by the owner or another lawfully 30 |
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| 395 | + | authorized user, a person in possession or control of a firearm shall store or keep the firearm in a 31 |
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| 396 | + | locked container. For purposes of this subsection, the term "firearm" includes weapons regulated 32 |
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| 397 | + | under G.S. 14-409. Nothing in this subsection shall be construed as authorizing the possession 33 |
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| 398 | + | of a firearm otherwise prohibited under State or federal law. 34 |
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| 399 | + | (b) Penalty. – A person who violates subsection (a) of this section is guilty of a Class A1 35 |
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| 400 | + | misdemeanor. 36 |
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| 401 | + | (c) Punitive Damages. – A violation of subsection (a) of this section constitutes wanton 37 |
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| 402 | + | conduct within the meaning of G.S. 1D-5 and subjects the violator to punitive damages in any 38 |
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| 403 | + | civil action that may be filed as a result of the violator's actions." 39 |
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| 404 | + | SECTION 5.(c) G.S. 14-315.2 reads as rewritten: 40 |
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| 405 | + | "§ 14-315.2. Warning upon sale or transfer of firearm to protect minor.firearm to safely 41 |
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| 406 | + | store firearm. 42 |
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| 407 | + | (a) Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall 43 |
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| 408 | + | deliver a written copy of G.S. 14-315.1 G.S. 14-409.44 to the purchaser or transferee. 44 |
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| 409 | + | (b) Any retail or wholesale store, shop, or sales outlet that sells firearms shall 45 |
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| 410 | + | conspicuously post at each purchase counter the following warning in block letters not less than 46 |
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| 411 | + | one inch in height the phrase: "IT "EXCEPT WHEN BEING CARRIED OR USED BY THE 47 |
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| 412 | + | OWNER OR ANOTHER LAWFULLY AUTHORIZED USER, IT IS UNLAWFUL TO STORE 48 |
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| 413 | + | OR LEAVE KEEP A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A 49 |
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| 414 | + | REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR. "IN ANY 50 |
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| 415 | + | PLACE OTHER THAN A LOCKED CONTAINER. " 51 General Assembly Of North Carolina Session 2025 |
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| 416 | + | DRH10345-MLp-49A Page 9 |
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| 417 | + | (c) A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor." 1 |
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| 418 | + | SECTION 5.(d) This section becomes effective December 1, 2025, and applies to 2 |
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| 419 | + | offenses committed on or after that date. 3 |
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53 | | - | PART II. PERMIT REQUIRED FOR PURCHASE OF ASSAULT WEAPON OR L ONG 5 |
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54 | | - | GUN AND WAITING PERI OD REQUIRED BETWEEN PURCHASE AND DELIVER Y 6 |
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55 | | - | SECTION 2.(a) G.S. 14-402, as it existed immediately before its repeal, is reenacted 7 |
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56 | | - | and reads as rewritten: 8 |
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57 | | - | "§ 14-402. Sale of certain weapons without permit forbidden. 9 |
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58 | | - | (a) It is unlawful for any person, firm, or corporation in this State to sell, give away, or 10 |
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59 | | - | transfer, or to purchase or receive, at any place within this State from any other place within or 11 |
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60 | | - | without the State any pistol pistol, assault weapon, or long gun unless: (i) a license or permit is 12 |
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61 | | - | first obtained under this Article by the purchaser or receiver from the sheriff of the county in 13 |
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62 | | - | which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit 14 |
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63 | | - | is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of 15 |
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64 | | - | the State at the time of the purchase. Additionally, it is unlawful for any person in this State to 16 |
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65 | | - | receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date 17 |
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66 | | - | of purchase or agreement to give away or transfer the pistol, assault weapon, or long gun. 18 |
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67 | | - | It is unlawful for any person or persons to receive from any postmaster, postal clerk, 19 |
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68 | | - | employee in the parcel post department, rural mail carrier, express agent or employee, railroad 20 |
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69 | | - | agent or employee within the State of North Carolina any pistol pistol, assault weapon, or long 21 |
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70 | | - | gun without having in his or their possession and without exhibiting at the time of the delivery 22 |
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71 | | - | of the same and to the person delivering the same the permit from the sheriff as provided in 23 |
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72 | | - | G.S. 14-403. Any person violating the provisions of this section is guilty of a Class 2 24 |
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73 | | - | misdemeanor. 25 |
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74 | | - | (b) This section does not apply to an antique firearm or an historic edged weapon. 26 |
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75 | | - | (c) The following definitions apply in this Article: 27 |
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76 | | - | (1) Antique firearm. – Defined in G.S. 14-409.11. 28 |
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77 | | - | (1a) Assault weapon. – The term includes all of the following: 29 |
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78 | | - | a. Any selective-fire firearm capable of semiautomatic or burst fire at the 30 |
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79 | | - | option of the user. The term also includes all of the following 31 |
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80 | | - | semiautomatic firearms: 32 |
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81 | | - | 1. Algimec Agmi. 33 |
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82 | | - | 2. Armalite AR-180. 34 |
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83 | | - | 3. Australian Automatic Arms SAP Pistol. 35 |
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84 | | - | 4. Auto-Ordnance Thompson type. 36 |
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85 | | - | 5. Avtomat Kalashnikov AK-47 type. 37 |
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86 | | - | 6. Barrett Light-Fifty model 82A1. 38 |
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87 | | - | 7. Beretta AR-70. 39 |
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88 | | - | 8. Bushmaster Auto Rifle and Auto Pistol. 40 |
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89 | | - | 9. Calico models M-900, M-950, and 100-P. 41 |
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90 | | - | 10. Chartered Industries of Singapore SR-88. 42 |
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91 | | - | 11. Colt AR-15 and Sporter. 43 |
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92 | | - | 12. Daewoo K-1, K-2, Max-1, and Max-2. 44 |
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93 | | - | 13. Encom MK-IV, MP-9, and MP-45. 45 |
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94 | | - | 14. Fabrique Nationale FN/FAL, FN/LAR, and FN/FNC. 46 |
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95 | | - | 15. FAMAS MAS 223. 47 |
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96 | | - | 16. Feather AT-9 and Mini-AT. 48 |
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97 | | - | 17. Federal XC-900 and XC-450. 49 |
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98 | | - | 18. Franchi SPAS-12 and LAW-12. 50 |
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99 | | - | 19. Galil AR and ARM. 51 General Assembly Of North Carolina Session 2025 |
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100 | | - | House Bill 732-First Edition Page 3 |
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101 | | - | 20. Goncz High-Tech Carbine and High-Tech Long Pistol. 1 |
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102 | | - | 21. Heckler & Koch HK-91, HK-93, HK-94, and SP-89. 2 |
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103 | | - | 22. Holmes MP-83. 3 |
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104 | | - | 23. MAC-10, MAC-11, and MAC-11 Carbine type. 4 |
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105 | | - | 24. Intratec TEC-9 and Scorpion. 5 |
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106 | | - | 25. Iver Johnson Enforcer model 3000. 6 |
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107 | | - | 26. Ruger Mini-14/5F folding stock model. 7 |
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108 | | - | 27. Scarab Skorpion. 8 |
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109 | | - | 28. SIG 57 AMT and 500 series. 9 |
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110 | | - | 29. Spectre Auto Carbine and Auto Pistol. 10 |
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111 | | - | 30. Springfield Armory BM59, SAR-48, and G-3. 11 |
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112 | | - | 31. Sterling MK-6 and MK-7. 12 |
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113 | | - | 32. Steyr AUG. 13 |
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114 | | - | 33. Street Sweeper and Striker-12 revolving cylinder shotguns. 14 |
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115 | | - | 34. USAS-12. 15 |
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116 | | - | 35. UZI Carbine, Mini-Carbine, and Pistol. 16 |
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117 | | - | 36. Weaver Arms Nighthawk. 17 |
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118 | | - | 37. Wilkinson "Linda" Pistol. 18 |
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119 | | - | b. All of the following semiautomatic centerfire rifles, or copies or 19 |
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120 | | - | duplicates with the capability of the rifles: 20 |
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121 | | - | 1. AK-47. 21 |
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122 | | - | 2. AK-74. 22 |
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123 | | - | 3. AKM. 23 |
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124 | | - | 4. AKS-74U. 24 |
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125 | | - | 5. ARM. 25 |
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126 | | - | 6. MAADI AK47. 26 |
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127 | | - | 7. MAK90. 27 |
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128 | | - | 8. MISR. 28 |
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129 | | - | 9. NHM90 and NHM91. 29 |
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130 | | - | 10. Norinco 56, 56S, 84S, and 86S. 30 |
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131 | | - | 11. Poly Technologies AKS and AK47. 31 |
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132 | | - | 12. SA 85. 32 |
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133 | | - | 13. SA 93. 33 |
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134 | | - | 14. VEPR. 34 |
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135 | | - | 15. WASR-10. 35 |
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136 | | - | 16. WUM. 36 |
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137 | | - | 17. Rock River Arms LAR-47. 37 |
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138 | | - | 18. Vector Arms AK-47. 38 |
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139 | | - | 19. AR-10. 39 |
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140 | | - | 20. AR-15. 40 |
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141 | | - | 21. Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR 41 |
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142 | | - | Rifles, and Bushmaster MOE Rifles. 42 |
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143 | | - | 22. Colt Match Target Rifles. 43 |
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144 | | - | 23. Armalite M15. 44 |
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145 | | - | 24. Olympic Arms AR-15, A1, CAR, PCR, K3B, K30R, K16, 45 |
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146 | | - | K48, K8, and K9 Rifles. 46 |
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147 | | - | 25. DPMS Tactical Rifles. 47 |
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148 | | - | 26. Smith and Wesson M&P15 Rifles. 48 |
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149 | | - | 27. Rock River Arms LAR-15. 49 |
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150 | | - | 28. Doublestar AR Rifles. 50 |
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151 | | - | 29. Barrett REC7. 51 General Assembly Of North Carolina Session 2025 |
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152 | | - | Page 4 House Bill 732-First Edition |
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153 | | - | 30. Beretta Storm. 1 |
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154 | | - | 31. Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, 2 |
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155 | | - | II, and II Tactical Rifles. 3 |
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156 | | - | 32. Hi-Point Carbine Rifles. 4 |
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157 | | - | 33. HK-PSG-1. 5 |
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158 | | - | 34. Kel-Tec Sub-2000, SU Rifles, and RFB. 6 |
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159 | | - | 35. Remington Tactical Rifle Model 7615. 7 |
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160 | | - | 36. SAR-8, SAR-4800, and SR9. 8 |
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161 | | - | 37. SLG 95. 9 |
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162 | | - | 38. SLR 95 and 96. 10 |
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163 | | - | 39. TNW M230 and M2HB. 11 |
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164 | | - | 40. Vector Arms UZI. 12 |
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165 | | - | 41. Galil and Galil Sporter. 13 |
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166 | | - | 42. Daewoo AR 100 and AR 110C. 14 |
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167 | | - | 43. Fabrique Nationale/FN 308 Match and L1A1 Sporter. 15 |
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168 | | - | 44. HK USC. 16 |
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169 | | - | 45. IZHMASH Saiga AK. 17 |
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170 | | - | 46. SIG Sauer 551-A1, 556, 516, 716, and M400 Rifles. 18 |
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171 | | - | 47. Valmet M62S, M71S, and M78S. 19 |
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172 | | - | 48. Wilkinson Arms Linda Carbine. 20 |
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173 | | - | 49. Barrett M107A1. 21 |
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174 | | - | c. All of the following semiautomatic centerfire pistols, or copies or 22 |
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175 | | - | duplicates with the capability of the pistols: 23 |
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176 | | - | 1. Centurion 39 AK. 24 |
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177 | | - | 2. Draco AK-47. 25 |
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178 | | - | 3. HCR AK-47. 26 |
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179 | | - | 4. IO Inc. Hellpup AK-47. 27 |
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180 | | - | 5. Mini-Draco AK-47. 28 |
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181 | | - | 6. Yugo Krebs Krink. 29 |
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182 | | - | 7. American Spirit AR-15. 30 |
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183 | | - | 8. Bushmaster Carbon 15. 31 |
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184 | | - | 9. Doublestar Corporation AR. 32 |
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185 | | - | 10. DPMS AR-15. 33 |
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186 | | - | 11. Olympic Arms AR-15. 34 |
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187 | | - | 12. Rock River Arms LAR-15. 35 |
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188 | | - | 13. Calico Liberty III and III Tactical Pistols. 36 |
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189 | | - | 14. Masterpiece Arms MPA Pistols and Velocity Arms VMA 37 |
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190 | | - | Pistols. 38 |
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191 | | - | 15. Intratec TEC-DC9 and AB-10. 39 |
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192 | | - | 16. Colefire Magnum. 40 |
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193 | | - | 17. German Sport 522 PK and Chiappa Firearms Mfour-22. 41 |
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194 | | - | 18. DSA SA58 PKP FAL. 42 |
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195 | | - | 19. I.O. Inc. PPS-43C. 43 |
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196 | | - | 20. Kel-Tec PLR 16 Pistol. 44 |
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197 | | - | 21. Sig Sauer P516 and P556 Pistols. 45 |
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198 | | - | 22. Thompson TA5 Pistols. 46 |
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199 | | - | d. All IZHMASH Saiga 12 Shotguns, or copies or duplicates with the 47 |
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200 | | - | capability of the shotguns. 48 |
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201 | | - | e. All semiautomatic firearms that meet any of the following criteria: 49 |
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202 | | - | 1. A semiautomatic, centerfire rifle that has the ability to accept 50 |
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203 | | - | a detachable magazine and has at least one of the following: 51 General Assembly Of North Carolina Session 2025 |
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204 | | - | House Bill 732-First Edition Page 5 |
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205 | | - | I. A folding or telescoping stock. 1 |
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206 | | - | II. Any grip of the weapon, including a pistol grip, a 2 |
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207 | | - | thumbhole stock, or any other stock, the use of which 3 |
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208 | | - | would allow an individual to grip the weapon, resulting 4 |
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209 | | - | in any finger on the trigger hand in addition to the 5 |
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210 | | - | trigger finger being directly below any portion of the 6 |
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211 | | - | action of the weapon when firing. 7 |
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212 | | - | III. A forward pistol grip. 8 |
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213 | | - | IV. A flash suppressor. 9 |
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214 | | - | V. A grenade launcher or flare launcher. 10 |
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215 | | - | 2. A semiautomatic, centerfire rifle that has a fixed magazine 11 |
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216 | | - | with the ability to accept more than 10 rounds. 12 |
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217 | | - | 3. A semiautomatic, centerfire rifle that has an overall length of 13 |
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218 | | - | less than 30 inches. 14 |
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219 | | - | 4. A semiautomatic pistol that has an ability to accept a 15 |
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220 | | - | detachable magazine and has at least one of the following: 16 |
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221 | | - | I. An ability to accept a detachable ammunition magazine 17 |
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222 | | - | that attaches at some location outside of the pistol grip. 18 |
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223 | | - | II. A threaded barrel capable of accepting a flash 19 |
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224 | | - | suppressor, forward pistol grip, or silencer. 20 |
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225 | | - | III. A shroud that is attached to, or partially or completely 21 |
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226 | | - | encircles, the barrel and that permits the shooter to fire 22 |
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227 | | - | the firearm without being burned, except a slide that 23 |
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228 | | - | encloses the barrel. 24 |
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229 | | - | IV. A second hand grip. 25 |
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230 | | - | 5. A semiautomatic pistol with a fixed magazine that has the 26 |
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231 | | - | ability to accept more than 10 rounds. 27 |
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232 | | - | 6. A semiautomatic shotgun that has both of the following: 28 |
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233 | | - | I. A folding or telescoping stock. 29 |
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234 | | - | II. Any grip of the weapon, including a pistol grip, a 30 |
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235 | | - | thumbhole stock, or any other stock, the use of which 31 |
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236 | | - | would allow an individual to grip the weapon, resulting 32 |
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237 | | - | in any finger on the trigger hand in addition to the 33 |
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238 | | - | trigger finger being directly below any portion of the 34 |
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239 | | - | action of the weapon when firing. 35 |
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240 | | - | 7. A semiautomatic shotgun that has the ability to accept a 36 |
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241 | | - | detachable magazine. 37 |
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242 | | - | 8. A shotgun with a revolving cylinder. 38 |
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243 | | - | (4) Historic edged weapon. – Defined in G.S. 14-409.12. 39 |
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244 | | - | (4a) Long guns. – A shotgun or rifle that is not considered an antique firearm or 40 |
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245 | | - | assault weapon, as those terms are defined under this section." 41 |
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246 | | - | SECTION 2.(b) G.S. 14-403, as it existed immediately before its repeal, is reenacted 42 |
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247 | | - | and reads as rewritten: 43 |
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248 | | - | "§ 14-403. Permit issued by sheriff; form of permit; expiration of permit. 44 |
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249 | | - | The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation 45 |
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250 | | - | in any county a permit to purchase or receive any weapon mentioned in this Article from any 46 |
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251 | | - | person, firm, or corporation offering to sell or dispose of the weapon. The permit shall expire 47 |
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252 | | - | five years from the date of issuance. The permit shall be a standard form created by the State 48 |
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253 | | - | Bureau of Investigation in consultation with the North Carolina Sheriffs' Association, shall be of 49 |
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254 | | - | a uniform size and material, and shall be designed with security features intended to minimize 50 |
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255 | | - | the ability to counterfeit or replicate the permit and shall be set forth as follows: 51 General Assembly Of North Carolina Session 2025 |
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256 | | - | Page 6 House Bill 732-First Edition |
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257 | | - | North Carolina, 1 |
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258 | | - | ________ County. 2 |
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259 | | - | I, ________, Sheriff of said County, do hereby certify that I have conducted a criminal 3 |
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260 | | - | background check of the applicant, ________ whose place of residence is ________ in ________ 4 |
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261 | | - | (or) in ________ Township, ________ County, North Carolina, and have received no 5 |
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262 | | - | information to indicate that it would be a violation of State or federal law for the applicant to 6 |
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263 | | - | purchase, transfer, receive, or possess a handgun. The applicant has further satisfied me as to his, 7 |
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264 | | - | her (or) their good moral character. Therefore, a permit is issued to ________ to purchase one 8 |
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265 | | - | pistol pistol, one assault weapon, or one long gun from any person, firm or corporation authorized 9 |
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266 | | - | to dispose of the same. 10 |
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267 | | - | This permit expires five years from its date of issuance. 11 |
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268 | | - | This __ day of ______, ____. 12 |
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269 | | - | ___________________________________ 13 |
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270 | | - | Sheriff. 14 |
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271 | | - | The standard permit created by this section shall be used statewide by the sheriffs of any and 15 |
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272 | | - | all counties and, when issued by a sheriff, shall also contain an embossed seal unique to the office 16 |
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273 | | - | of the issuing sheriff." 17 |
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274 | | - | SECTION 2.(c) G.S. 14-315(b1)(1), 14-404, 14-405, 14-407.1, and 122C-54(d2), as 18 |
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275 | | - | they existed immediately before their repeal, are reenacted. 19 |
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276 | | - | SECTION 2.(d) G.S. 14-404(c)(1), as reenacted in subsection (c) of this section, 20 |
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277 | | - | reads as rewritten: 21 |
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278 | | - | "(1) One who is under an indictment or information for or has been convicted in 22 |
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279 | | - | any state, or in any court of the United States, of a felony (other than an offense 23 |
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280 | | - | pertaining to antitrust violations, unfair trade practices, or restraints of trade). 24 |
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281 | | - | However, a person who has been convicted of a felony in a court of any state 25 |
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282 | | - | or in a court of the United States and (i) who is later pardoned, or (ii) whose 26 |
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283 | | - | firearms rights have been restored pursuant to G.S. 14-415.4, may obtain a 27 |
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284 | | - | permit, if the purchase or receipt of a pistol pistol, assault weapon, or long gun 28 |
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285 | | - | permitted in this Article does not violate a condition of the pardon or 29 |
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286 | | - | restoration of firearms rights." 30 |
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287 | | - | SECTION 2.(e) G.S. 14-408.1(a)(2) reads as rewritten: 31 |
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288 | | - | "(2) Firearm. – A handgun, assault weapon, shotgun, or rifle which expels a 32 |
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289 | | - | projectile by action of an explosion." 33 |
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290 | | - | SECTION 2.(f) This section becomes effective December 1, 2025, and applies to 34 |
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291 | | - | the sale, giving away, transfer, purchase, or receiving of a pistol, assault weapon, or long gun on 35 |
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292 | | - | or after that date. 36 |
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293 | | - | 37 |
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294 | | - | PART III. PROHIBIT SALE OF ASSAULT WEAPO NS OR LONG GUNS TO PERSONS 38 |
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295 | | - | UNDER A CERTAIN AGE 39 |
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296 | | - | SECTION 3.(a) G.S. 14-269.7 reads as rewritten: 40 |
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297 | | - | "§ 14-269.7. Prohibitions on handguns firearms for minors. 41 |
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298 | | - | (a) Any minor who willfully and intentionally possesses or carries a handgun handgun, 42 |
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299 | | - | long gun, or assault weapon is guilty of a Class 1 misdemeanor. 43 |
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300 | | - | (b) This section does not apply: 44 |
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301 | | - | (1) To officers and enlisted personnel of the Armed Forces of the United States 45 |
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302 | | - | when in discharge of their official duties or acting under orders requiring them 46 |
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303 | | - | to carry handguns.handguns, long guns, or assault weapons. 47 |
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304 | | - | (2) To a minor who possesses a handgun handgun, long gun, or assault weapon 48 |
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305 | | - | for educational or recreational purposes while the minor is supervised by an 49 |
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306 | | - | adult who is present. 50 General Assembly Of North Carolina Session 2025 |
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307 | | - | House Bill 732-First Edition Page 7 |
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308 | | - | (3) To an emancipated minor who possesses such handgun handgun, long gun, or 1 |
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309 | | - | assault weapon inside his or her residence. 2 |
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310 | | - | (4) To a minor who possesses a handgun handgun, long gun, or assault weapon 3 |
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311 | | - | while hunting or trapping outside the limits of an incorporated municipality if 4 |
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312 | | - | he has on his person written permission from a parent, guardian, or other 5 |
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313 | | - | person standing in loco parentis. 6 |
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314 | | - | (c) The following definitions apply in this section: 7 |
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315 | | - | (1) Assault weapon. – As defined in G.S. 14-402. 8 |
---|
316 | | - | (1a) Handgun. – A firearm that has a short stock and is designed to be fired by the 9 |
---|
317 | | - | use of a single hand, or any combination of parts from which such a firearm 10 |
---|
318 | | - | can be assembled. 11 |
---|
319 | | - | (1b) Long gun. – As defined in G.S. 14-402. 12 |
---|
320 | | - | (2) Minor. – Any person under 18 years of age." 13 |
---|
321 | | - | SECTION 3.(b) G.S. 14-315 reads as rewritten: 14 |
---|
322 | | - | "§ 14-315. Selling or giving weapons to minors. 15 |
---|
323 | | - | (a) Sale of Weapons Other Than Handguns. Handguns, Long Guns, and Assault 16 |
---|
324 | | - | Weapons. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol 17 |
---|
325 | | - | cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty 18 |
---|
326 | | - | of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation 19 |
---|
327 | | - | of this section. 20 |
---|
328 | | - | (a1) Sale of Handguns. Handguns, Long Guns, and Assault Weapons. – If a person sells, 21 |
---|
329 | | - | offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14-269.7, 22 |
---|
330 | | - | handgun, long gun, or assault weapon, the person is guilty of a Class H felony and, in addition, 23 |
---|
331 | | - | shall forfeit the proceeds of any sale made in violation of this section. This section does not apply 24 |
---|
332 | | - | in any of the following circumstances: 25 |
---|
333 | | - | (1) The handgun handgun, long gun, or assault weapon is lent to a minor for 26 |
---|
334 | | - | temporary use if the minor's possession of the handgun handgun, long gun, or 27 |
---|
335 | | - | assault weapon is lawful under G.S. 14-269.7 and G.S. 14-316 and is not 28 |
---|
336 | | - | otherwise unlawful. 29 |
---|
337 | | - | (2) The handgun handgun, long gun, or assault weapon is transferred to an adult 30 |
---|
338 | | - | custodian pursuant to Chapter 33A of the General Statutes, and the minor does 31 |
---|
339 | | - | not take possession of the handgun handgun, long gun, or assault weapon 32 |
---|
340 | | - | except that the adult custodian may allow the minor temporary possession of 33 |
---|
341 | | - | the handgun handgun, long gun, or assault weapon in circumstances in which 34 |
---|
342 | | - | the minor's possession of the handgun handgun, long gun, or assault weapon 35 |
---|
343 | | - | is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise unlawful. 36 |
---|
344 | | - | (3) The handgun handgun, long gun, or assault weapon is a devise and is 37 |
---|
345 | | - | distributed to a parent or guardian under G.S. 28A-22-7, and the minor does 38 |
---|
346 | | - | not take possession of the handgun handgun, long gun, or assault weapon 39 |
---|
347 | | - | except that the parent or guardian may allow the minor temporary possession 40 |
---|
348 | | - | of the handgun handgun, long gun, or assault weapon in circumstances in 41 |
---|
349 | | - | which the minor's possession of the handgun handgun, long gun, or assault 42 |
---|
350 | | - | weapon is lawful under G.S. 14-269.7 and G.S. 14-316 and is not otherwise 43 |
---|
351 | | - | unlawful. 44 |
---|
352 | | - | For purposes of this subsection, the terms "assault weapon," "long gun," "handgun," and 45 |
---|
353 | | - | "minor" are as defined in G.S. 14-269.7. 46 |
---|
354 | | - | …." 47 |
---|
355 | | - | SECTION 3.(c) This section becomes effective December 1, 2025, and applies to 48 |
---|
356 | | - | the possession, carrying, sale, offer for sale, giving, or transfer of an assault weapon or long gun 49 |
---|
357 | | - | on or after that date. 50 |
---|
| 421 | + | PART VI. REVISE RECIPROCITY LAW FOR CONCEALED HANDGUN PERMITS 5 |
---|
| 422 | + | SECTION 6. G.S. 14-415.24 reads as rewritten: 6 |
---|
| 423 | + | "§ 14-415.24. Reciprocity; out-of-state handgun permits. 7 |
---|
| 424 | + | (a) A valid concealed handgun permit or license issued by another state is valid in North 8 |
---|
| 425 | + | Carolina. 9 |
---|
| 426 | + | (b) Repealed by Session Laws 2011-268, s. 22(a), effective December 1, 2011. 10 |
---|
| 427 | + | (c) Every 12 months after the effective date of this subsection, the Department of Justice 11 |
---|
| 428 | + | shall make written inquiry of the concealed handgun permitting authorities in each other state as 12 |
---|
| 429 | + | to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon 13 |
---|
| 430 | + | having a valid North Carolina concealed handgun permit and permit, (ii) whether a North 14 |
---|
| 431 | + | Carolina resident may apply for a concealed handgun permit in that state based upon having a 15 |
---|
| 432 | + | valid North Carolina concealed handgun permit. permit, and (iii) what the criteria are in that state 16 |
---|
| 433 | + | for the issuance of a concealed handgun permit. The Department of Justice shall attempt to secure 17 |
---|
| 434 | + | from each state permission for North Carolina residents who hold a valid North Carolina 18 |
---|
| 435 | + | concealed handgun permit to carry a concealed handgun in that state, either on the basis of the 19 |
---|
| 436 | + | North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the 20 |
---|
| 437 | + | issuance of a similar license or permit by the other state. 21 |
---|
| 438 | + | (d) The Department of Justice shall identify and compile a list of the states that issue a 22 |
---|
| 439 | + | concealed handgun permit that requires compliance with criteria that is at least as stringent as the 23 |
---|
| 440 | + | criteria required for a concealed handgun in this State. A valid concealed handgun permit or 24 |
---|
| 441 | + | license issued by any state on the list compiled pursuant to this subsection is valid in North 25 |
---|
| 442 | + | Carolina." 26 |
---|
| 443 | + | 27 |
---|
| 444 | + | PART VII. REQUIRE THE REPORTING OF LOST OR STOLEN FIREARMS 28 |
---|
| 445 | + | SECTION 7.(a) Article 53A of Chapter 14 of the General Statutes is amended by 29 |
---|
| 446 | + | adding a new section to read: 30 |
---|
| 447 | + | "§ 14-409.13. Report of loss or theft of firearm. 31 |
---|
| 448 | + | (a) Any owner of a firearm as defined in G.S. 14-408.1(a) shall report the loss or theft of 32 |
---|
| 449 | + | the firearm within 48 hours after the discovery of the loss or theft to either (i) the local law 33 |
---|
| 450 | + | enforcement agency having jurisdiction over the location where the loss or theft of the firearm 34 |
---|
| 451 | + | occurred or (ii) the State Bureau of Investigation. 35 |
---|
| 452 | + | (b) A violation of this section is a Class 3 misdemeanor; however, a second or subsequent 36 |
---|
| 453 | + | violation of this section is a Class I felony." 37 |
---|
| 454 | + | SECTION 7.(b) This section becomes effective December 1, 2025, and applies to 38 |
---|
| 455 | + | offenses committed on or after that date. 39 |
---|
| 456 | + | 40 |
---|
| 457 | + | PART VIII. REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY 41 |
---|
| 458 | + | FIREARM LIABILITY INSURANCE 42 |
---|
| 459 | + | SECTION 8.(a) G.S. 14-404(a) is amended by adding a new subdivision to read: 43 |
---|
| 460 | + | "(1a) Verified, before the issuance of a permit, that the person has firearm liability 44 |
---|
| 461 | + | insurance pursuant to G.S. 14-409.44A." 45 |
---|
| 462 | + | SECTION 8.(b) Article 53B of Chapter 14 of the General Statutes is amended by 46 |
---|
| 463 | + | adding a new section to read: 47 |
---|
| 464 | + | "§ 14-409.44A. Liability insurance required for gun owners. 48 |
---|
| 465 | + | (a) Any person in this State who intends to own a firearm shall, prior to the ownership of 49 |
---|
| 466 | + | the firearm, obtain, and during ownership continuously maintain, a policy of liability insurance 50 |
---|
| 467 | + | in an amount not less than one hundred thousand dollars ($100,000) specifically covering any 51 General Assembly Of North Carolina Session 2025 |
---|
| 468 | + | Page 10 DRH10345-MLp-49A |
---|
| 469 | + | damages resulting from any negligent or willful acts involving the use of the firearm while it is 1 |
---|
| 470 | + | owned by the person. No firearm shall be transferred in this State unless the transferee at the time 2 |
---|
| 471 | + | of the transfer provides proof that the transferee has complied with the provisions of this section. 3 |
---|
| 472 | + | (b) For purposes of this section, a person is deemed to own a firearm if the firearm is lost 4 |
---|
| 473 | + | or stolen until the loss or theft is reported pursuant to G.S. 14-409.13. 5 |
---|
| 474 | + | (c) Any person who owns a firearm on December 1, 2025, shall obtain the insurance 6 |
---|
| 475 | + | required by this section by January 15, 2026. 7 |
---|
| 476 | + | (d) This section does not apply to any law enforcement officer authorized to carry a 8 |
---|
| 477 | + | firearm. 9 |
---|
| 478 | + | (e) The Department of Insurance shall adopt rules to implement this section." 10 |
---|
| 479 | + | SECTION 8.(c) Subsection (a) of this section is effective when it becomes law and 11 |
---|
| 480 | + | applies to permit applications received on or after that date. 12 |
---|
| 481 | + | 13 |
---|
| 482 | + | PART IX. LIMIT THE SIZE OF AMMUNITION MAGAZINES 14 |
---|
| 483 | + | SECTION 9.(a) Chapter 14 of the General Statutes is amended by adding a new 15 |
---|
| 484 | + | Article to read: 16 |
---|
| 485 | + | "Article 53D. 17 |
---|
| 486 | + | "Regulation of Large-Capacity Ammunition Magazines. 18 |
---|
| 487 | + | "§ 14-409.60. Definition. 19 |
---|
| 488 | + | For purposes of this Article, the term "large-capacity magazine" includes all of the following: 20 |
---|
| 489 | + | (i) a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting, 21 |
---|
| 490 | + | or that is designed to be readily converted to accept, more than 15 rounds of ammunition; (ii) a 22 |
---|
| 491 | + | fixed or detachable magazine that is capable of accepting more than eight shotgun shells; and 23 |
---|
| 492 | + | (iii) a detachable magazine, tube, box, drum, feed strip, or similar device that is capable of 24 |
---|
| 493 | + | accepting more than eight shotgun shells when combined with a fixed magazine. The term does 25 |
---|
| 494 | + | not include any of the following: (i) a feeding device that has been permanently altered so that it 26 |
---|
| 495 | + | cannot accommodate more than 15 rounds of ammunition; (ii) an attached tubular device 27 |
---|
| 496 | + | designed to accept and capable of operating only with .22 caliber rimfire ammunition; or (iii) a 28 |
---|
| 497 | + | tubular magazine that is contained in a lever-action firearm. 29 |
---|
| 498 | + | "§ 14-409.61. Large-capacity magazines prohibited; penalties; exceptions. 30 |
---|
| 499 | + | (a) It is unlawful for a person to sell, transfer, or possess a large-capacity magazine. A 31 |
---|
| 500 | + | violation of this subsection is a Class 2 misdemeanor; provided, however, that a second or 32 |
---|
| 501 | + | subsequent violation of this subsection is a Class 1 misdemeanor. 33 |
---|
| 502 | + | (b) Any person who violates subsection (a) of this section commits a Class I felony under 34 |
---|
| 503 | + | this section if the person possessed a large-capacity magazine during the commission of a felony. 35 |
---|
| 504 | + | (c) A person may possess a large-capacity magazine if the person: 36 |
---|
| 505 | + | (1) Owns the large-capacity magazine on December 1, 2025; and 37 |
---|
| 506 | + | (2) Maintains continuous possession of the large-capacity magazine. 38 |
---|
| 507 | + | (d) If a person who is alleged to have violated subsection (a) of this section asserts that 39 |
---|
| 508 | + | the person is permitted to legally possess a large-capacity magazine pursuant to subsection (c) of 40 |
---|
| 509 | + | this section, the prosecution has the burden of proof to refute the assertion. 41 |
---|
| 510 | + | (e) The offense described in subsection (a) of this section shall not apply to any of the 42 |
---|
| 511 | + | following: 43 |
---|
| 512 | + | (1) An entity, or any employee thereof engaged in the employee's employment 44 |
---|
| 513 | + | duties, that manufactures large-capacity magazines within North Carolina 45 |
---|
| 514 | + | exclusively for transfer or any federally licensed gun dealer, or any employee 46 |
---|
| 515 | + | thereof engaged in his or her official employment duties, that sells 47 |
---|
| 516 | + | large-capacity magazines exclusively to any of the following: 48 |
---|
| 517 | + | a. A branch of the Armed Forces of the United States. 49 |
---|
| 518 | + | b. A department, agency, or political subdivision of the State of North 50 |
---|
| 519 | + | Carolina, any other state, or of the United States government. 51 General Assembly Of North Carolina Session 2025 |
---|
| 520 | + | DRH10345-MLp-49A Page 11 |
---|
| 521 | + | c. A firearms retailer for the purpose of firearms sales conducted outside 1 |
---|
| 522 | + | the State. 2 |
---|
| 523 | + | d. A foreign national government that has been approved for such 3 |
---|
| 524 | + | transfers by the United States government. 4 |
---|
| 525 | + | e. An out-of-state transferee who may legally possess a large-capacity 5 |
---|
| 526 | + | magazine. 6 |
---|
| 527 | + | (2) An employee of any of the following agencies who bears a firearm in the 7 |
---|
| 528 | + | course of the employee's official duties: 8 |
---|
| 529 | + | a. A branch of the Armed Forces of the United States. 9 |
---|
| 530 | + | b. A department, agency, or political subdivision of the State of North 10 |
---|
| 531 | + | Carolina, any other state, or of the United States government. 11 |
---|
| 532 | + | (3) A person who possesses the magazine for the sole purpose of transporting the 12 |
---|
| 533 | + | magazine to an out-of-state entity on behalf of a manufacturer of 13 |
---|
| 534 | + | large-capacity magazines within North Carolina. 14 |
---|
| 535 | + | "§ 14-409.62. Identification markings for large-capacity magazines; rules. 15 |
---|
| 536 | + | (a) A large-capacity magazine that is manufactured in North Carolina on or after 16 |
---|
| 537 | + | December 1, 2025, must include a permanent stamp or marking indicating that the large-capacity 17 |
---|
| 538 | + | magazine was manufactured or assembled after that date. The stamp or marking must be legibly 18 |
---|
| 539 | + | and conspicuously engraved or cast upon the outer surface of the large-capacity magazine. 19 |
---|
| 540 | + | (b) The SBI may adopt rules to implement the provisions of this section, including rules 20 |
---|
| 541 | + | requiring a large-capacity magazine that is manufactured in this State on or after December 1, 21 |
---|
| 542 | + | 2025, to bear identifying information in addition to the identifying information described in 22 |
---|
| 543 | + | subsection (a) of this section. 23 |
---|
| 544 | + | (c) A person who manufactures a large-capacity magazine in North Carolina in violation 24 |
---|
| 545 | + | of subsection (a) of this section commits a Class 2 misdemeanor." 25 |
---|
| 546 | + | SECTION 9.(b) This section becomes effective December 1, 2025, and applies to 26 |
---|
| 547 | + | offenses committed on or after that date. 27 |
---|
| 548 | + | 28 |
---|
| 549 | + | PART X. REPEAL PREEMPTION OF LOCAL FIREARM REGULATIONS 29 |
---|
| 550 | + | SECTION 10. G.S. 14-409.40 is repealed. 30 |
---|
| 551 | + | 31 |
---|
| 552 | + | PART XI. ALLOW DESTRUCTION OF SEIZED FIREARMS 32 |
---|
| 553 | + | SECTION 11.(a) G.S. 15-11.1(b1)(3) reads as rewritten: 33 |
---|
| 554 | + | "(3) By ordering the firearm turned over to be destroyed by the sheriff of the county 34 |
---|
| 555 | + | in which the firearm was seized or by his duly authorized agent if the firearm 35 |
---|
| 556 | + | does not have a legible, unique identification number or is unsafe for use 36 |
---|
| 557 | + | because of wear, damage, age, or modification. agent. The sheriff shall 37 |
---|
| 558 | + | maintain a record of the destruction of the firearm." 38 |
---|
| 559 | + | SECTION 11.(b) G.S. 15-11.2(d)(1) reads as rewritten: 39 |
---|
| 560 | + | "(1) By having the firearm destroyed if the firearm does not have a legible, unique 40 |
---|
| 561 | + | identification number or is unsafe for use because of wear, damage, age, or 41 |
---|
| 562 | + | modification and will not be disposed of pursuant to subdivision (3) of this 42 |
---|
| 563 | + | subsection. destroyed. The head or chief of the law enforcement agency shall 43 |
---|
| 564 | + | maintain a record of the destruction of the firearm." 44 |
---|
| 565 | + | SECTION 11.(c) G.S. 14-269.1(4) reads as rewritten: 45 |
---|
| 566 | + | "(4) By ordering such weapon any firearm turned over to the sheriff of the county 46 |
---|
| 567 | + | in which the trial is held or his duly authorized agent to be destroyed if the 47 |
---|
| 568 | + | firearm does not have a legible, unique identification number or is unsafe for 48 |
---|
| 569 | + | use because of wear, damage, age, or modification. destroyed. The sheriff 49 |
---|
| 570 | + | shall maintain a record of the destruction thereof." 50 |
---|
546 | | - | PART X. REPEAL PREEMPTION OF LOCAL FIREARM REGULA TIONS 32 |
---|
547 | | - | SECTION 10. G.S. 14-409.40 is repealed. 33 |
---|
548 | | - | 34 |
---|
549 | | - | PART XI. ALLOW DESTR UCTION OF SEIZED FIREARMS 35 |
---|
550 | | - | SECTION 11.(a) G.S. 15-11.1(b1)(3) reads as rewritten: 36 |
---|
551 | | - | "(3) By ordering the firearm turned over to be destroyed by the sheriff of the county 37 |
---|
552 | | - | in which the firearm was seized or by his duly authorized agent if the firearm 38 |
---|
553 | | - | does not have a legible, unique identification number or is unsafe for use 39 |
---|
554 | | - | because of wear, damage, age, or modification. agent. The sheriff shall 40 |
---|
555 | | - | maintain a record of the destruction of the firearm." 41 |
---|
556 | | - | SECTION 11.(b) G.S. 15-11.2(d)(1) reads as rewritten: 42 |
---|
557 | | - | "(1) By having the firearm destroyed if the firearm does not have a legible, unique 43 |
---|
558 | | - | identification number or is unsafe for use because of wear, damage, age, or 44 |
---|
559 | | - | modification and will not be disposed of pursuant to subdivision (3) of this 45 |
---|
560 | | - | subsection. destroyed. The head or chief of the law enforcement agency shall 46 |
---|
561 | | - | maintain a record of the destruction of the firearm." 47 |
---|
562 | | - | SECTION 11.(c) G.S. 14-269.1(4) reads as rewritten: 48 |
---|
563 | | - | "(4) By ordering such weapon any firearm turned over to the sheriff of the county 49 |
---|
564 | | - | in which the trial is held or his duly authorized agent to be destroyed if the 50 |
---|
565 | | - | firearm does not have a legible, unique identification number or is unsafe for 51 General Assembly Of North Carolina Session 2025 |
---|
566 | | - | Page 12 House Bill 732-First Edition |
---|
567 | | - | use because of wear, damage, age, or modification. destroyed. The sheriff 1 |
---|
568 | | - | shall maintain a record of the destruction thereof." 2 |
---|
569 | | - | 3 |
---|
570 | | - | PART XII. REQUIRE THE DEPARTMENT OF PUBL IC SAFETY TO DEVELOP A 4 |
---|
571 | | - | ROSTER OF HANDGUNS T HAT MEET CERTAIN DES IGN AND SAFETY 5 |
---|
572 | | - | STANDARDS AND PROHIBIT THE SALE, T RANSFER, OWNERSHIP, OR 6 |
---|
573 | | - | POSSESSION OF HANDGU NS THAT ARE NOT INCLUDED ON THE ROSTER 7 |
---|
574 | | - | SECTION 12.(a) Article 52A of Chapter 14 of the General Statutes is amended by 8 |
---|
575 | | - | adding a new section to read: 9 |
---|
576 | | - | "§ 14-406.2. Prohibition on sale, transfer, ownership, or possession of unsafe handgun. 10 |
---|
577 | | - | (a) Findings. – The General Assembly finds all of the following: 11 |
---|
578 | | - | (1) There is a lack of design and safety standards imposed on pistols under federal 12 |
---|
579 | | - | and State law. 13 |
---|
580 | | - | (2) A lack of design and safety standards results in the sale of poorly constructed 14 |
---|
581 | | - | pistols, which can lead to unintentional shootings and other harms. 15 |
---|
582 | | - | (3) Multiple states have utilized the following design and safety tests performed 16 |
---|
583 | | - | by independent handgun testing laboratories to develop rosters of handguns 17 |
---|
584 | | - | that satisfy the tests and are approved for sale within the state's jurisdiction: 18 |
---|
585 | | - | a. Firing tests. 19 |
---|
586 | | - | b. Drop tests. 20 |
---|
587 | | - | c. Melting point tests. 21 |
---|
588 | | - | (4) It is in the public interest to ensure, in a timely manner, that handguns that do 22 |
---|
589 | | - | not meet design and safety standards are not sold, transferred, owned, or 23 |
---|
590 | | - | possessed in this State. 24 |
---|
591 | | - | (5) The most efficient and expeditious method for ensuring unsafe handguns are 25 |
---|
592 | | - | not sold in this State is to develop a roster of approved handguns for sale in 26 |
---|
593 | | - | this State that is based off the rosters developed in other states. 27 |
---|
594 | | - | (b) Definitions. – The following definitions apply in this section: 28 |
---|
595 | | - | (1) Antique firearm. – As defined in G.S. 14-409.11. 29 |
---|
596 | | - | (2) California Roster of Handguns Certified for Sale. – A roster compiled by the 30 |
---|
597 | | - | Department of Justice for the State of California pursuant to California Penal 31 |
---|
598 | | - | Code § 12131 that lists all of the pistols, revolvers, and other firearms that 32 |
---|
599 | | - | have been tested by a certified testing laboratory and determined not to be 33 |
---|
600 | | - | unsafe. 34 |
---|
601 | | - | (3) Dealer. – As defined in G.S. 14-409.39. 35 |
---|
602 | | - | (4) Department. – The Department of Public Safety. 36 |
---|
603 | | - | (5) Handgun. – As defined in G.S. 14-269.7. 37 |
---|
604 | | - | (c) Development; Prohibition. – The Department shall develop a roster of handguns 38 |
---|
605 | | - | determined not to be unsafe based off the California Roster of Handguns Certified for Sale. 39 |
---|
606 | | - | Except as provided in subsections (d) and (e) of this section, it is unlawful for any person, firm, 40 |
---|
607 | | - | or corporation to (i) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is 41 |
---|
608 | | - | not listed on the roster as of January 1 of the calendar year in which the handgun is to be sold, 42 |
---|
609 | | - | given, loaned, imported, or otherwise transferred or (ii) own or possess a handgun that is not 43 |
---|
610 | | - | listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or 44 |
---|
611 | | - | corporation lawfully owned or possessed the handgun prior to that date. 45 |
---|
612 | | - | (d) Disposition. – A person who is the lawful owner of a handgun that is not listed on the 46 |
---|
613 | | - | roster developed under subsection (c) of this section as of January 1 of the applicable calendar 47 |
---|
614 | | - | year may only sell or otherwise transfer the handgun to a dealer or the sheriff of the county in 48 |
---|
615 | | - | which the person resides. The sheriff may destroy the handgun or dispose of the handgun in 49 |
---|
616 | | - | accordance with subdivision (4b), (5), or (6) of G.S. 14-269.1. A dealer who retains in the dealer's 50 |
---|
617 | | - | inventory, or who otherwise lawfully acquires, a handgun not listed on the roster as of January 1 51 General Assembly Of North Carolina Session 2025 |
---|
618 | | - | House Bill 732-First Edition Page 13 |
---|
619 | | - | of the applicable calendar year may sell or otherwise transfer the handgun only to another dealer. 1 |
---|
620 | | - | A person may not transfer a handgun not listed on the roster as of January 1 of the applicable 2 |
---|
621 | | - | calendar year by devise or bequest. 3 |
---|
622 | | - | (e) Exemptions. – This section does not apply to any of the following: 4 |
---|
623 | | - | (1) An antique firearm. 5 |
---|
624 | | - | (2) A handgun defined as curios or relics, as those terms are defined in section 6 |
---|
625 | | - | 478.11 of Title 27 of the Code of Federal Regulations. 7 |
---|
626 | | - | (3) A handgun that is designed expressly for use in Olympic target shooting 8 |
---|
627 | | - | events. 9 |
---|
628 | | - | (4) A handgun used solely as a prop during the course of a motion picture, 10 |
---|
629 | | - | television, or video production by an authorized participant in the course of 11 |
---|
630 | | - | making that production or event or by an authorized employee or agent of the 12 |
---|
631 | | - | entity producing that production or event. 13 |
---|
632 | | - | (5) The temporary transfer of a lawfully owned handgun for the purposes of 14 |
---|
633 | | - | cleaning, repairing, or servicing the handgun by a dealer. 15 |
---|
634 | | - | (6) The possession of a handgun by a nonresident of the State while temporarily 16 |
---|
635 | | - | traveling through the State. 17 |
---|
636 | | - | (7) A handgun exempted by the Department in accordance with subsection (g) of 18 |
---|
637 | | - | this section. 19 |
---|
638 | | - | (f) Testing. – The Department may test, or contract with an independent handgun testing 20 |
---|
639 | | - | laboratory to test, handguns (i) that the Department believes should be added to the roster 21 |
---|
640 | | - | required under subsection (c) of this section or (ii) that the Department believes, based on credible 22 |
---|
641 | | - | information received by the Department from at least two credible sources, should be removed 23 |
---|
642 | | - | from the roster required under subsection (c) of this section. The Department may only utilize 24 |
---|
643 | | - | one of the tests described in subdivision (3) of subsection (a) of this section when testing 25 |
---|
644 | | - | handguns under this subsection. The Department may utilize the authority granted under 26 |
---|
645 | | - | subsection (g) of this section to add or remove handguns under this subsection from the roster 27 |
---|
646 | | - | required under subsection (c) of this section. 28 |
---|
647 | | - | (g) Annual Update. – By January 1, the Department shall annually review the California 29 |
---|
648 | | - | Roster of Handguns Certified for Sale and update, by rule, the roster required under subsection 30 |
---|
649 | | - | (c) of this section and any exemptions authorized under subdivision (7) of subsection (e) of this 31 |
---|
650 | | - | section of approved pistols developed by other states and update the roster developed in 32 |
---|
651 | | - | accordance with this subsection accordingly. The Department may also utilize the rulemaking 33 |
---|
652 | | - | authority granted under this subsection to update the roster required under subsection (c) of this 34 |
---|
653 | | - | section with any handguns tested under subsection (f) of this section and approved by the 35 |
---|
654 | | - | Department for sale in this State. 36 |
---|
655 | | - | (h) Dissemination. – At least 30 days prior to the date a roster developed and updated in 37 |
---|
656 | | - | accordance with this section is to take effect, the Department shall publish the roster and any 38 |
---|
657 | | - | updates on its website. 39 |
---|
658 | | - | (i) Penalty. – Any person violating the provisions of subsections (c) and (d) of this 40 |
---|
659 | | - | section is guilty of a Class 3 misdemeanor." 41 |
---|
660 | | - | SECTION 12.(b) The initial roster developed under G.S. 14-406.2(c), as enacted by 42 |
---|
661 | | - | subsection (a) of this section, shall be based on the California Roster of Handguns Certified for 43 |
---|
662 | | - | Sale as of January 1, 2026. 44 |
---|
663 | | - | SECTION 12.(c) By January 15, 2026, the Department of Public Safety shall (i) 45 |
---|
664 | | - | submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety 46 |
---|
665 | | - | detailing the development of the roster required under G.S. 14-406.2(c), as enacted by subsection 47 |
---|
666 | | - | (a) of this section, and the types of handguns that are included on the roster and (ii) publish the 48 |
---|
667 | | - | roster on its website in accordance with G.S. 14-406.2(c). 49 |
---|
668 | | - | SECTION 12.(d) This section becomes effective January 1, 2026. 50 |
---|
669 | | - | 51 General Assembly Of North Carolina Session 2025 |
---|
670 | | - | Page 14 House Bill 732-First Edition |
---|
671 | | - | PART XIII. REPEAL "STAND YOUR GROUND LAW S" AND CODIFY COMMON 1 |
---|
672 | | - | LAW REGARDING USE OF FORCE AGAINST AN INTRUDER 2 |
---|
673 | | - | SECTION 13.(a) The following statutes are repealed: G.S. 14-51.2, 14-51.3, and 3 |
---|
674 | | - | 14-51.4. 4 |
---|
675 | | - | SECTION 13.(b) Article 14 of Chapter 14 of the General Statutes is amended by 5 |
---|
676 | | - | adding a new section to read: 6 |
---|
677 | | - | "§ 14-51.5. Use of deadly physical force against an intruder. 7 |
---|
678 | | - | (a) A lawful occupant within a home or other place of residence is justified in using any 8 |
---|
679 | | - | degree of force that the occupant reasonably believes is necessary, including deadly force, against 9 |
---|
680 | | - | an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's 10 |
---|
681 | | - | unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict 11 |
---|
682 | | - | serious bodily harm to the occupant or others in the home or residence or (ii) if the occupant 12 |
---|
683 | | - | reasonably believes that the intruder intends to commit a felony in the home or residence. 13 |
---|
684 | | - | (b) A lawful occupant within a home or other place of residence does not have a duty to 14 |
---|
685 | | - | retreat from an intruder in the circumstances described in this section. 15 |
---|
686 | | - | (c) This section is not intended to repeal, expand, or limit any other defense that may 16 |
---|
687 | | - | exist under the common law." 17 |
---|
688 | | - | 18 |
---|
689 | | - | PART XIV. PROHIBIT L EAVING A FIREARM IN AN UNATTENDED MOTOR 19 |
---|
690 | | - | VEHICLE UNLESS FIREA RM IS SAFELY STORED 20 |
---|
691 | | - | SECTION 14.(a) Article 35 of Chapter 14 of the General Statutes is amended by 21 |
---|
692 | | - | adding a new section to read: 22 |
---|
693 | | - | "§ 14-269.9. Firearms in unattended motor vehicles. 23 |
---|
694 | | - | (a) Definition. – For purposes of this section, the term "firearm" is as defined in 24 |
---|
695 | | - | G.S. 14-408.1. 25 |
---|
696 | | - | (b) Prohibition. – It is unlawful to leave a firearm in an unattended motor vehicle unless 26 |
---|
697 | | - | the vehicle is locked and the firearm is either (i) secured with a trigger lock or other safety device 27 |
---|
698 | | - | designed to prevent an unauthorized user from operating the firearm or (ii) in a locked container. 28 |
---|
699 | | - | (c) Penalty. – Any person who violates subsection (b) of this section is guilty of a Class 29 |
---|
700 | | - | 2 misdemeanor." 30 |
---|
701 | | - | SECTION 14.(b) This section becomes effective December 1, 2025, and applies to 31 |
---|
702 | | - | offenses committed on or after that date. 32 |
---|
703 | | - | 33 |
---|
704 | | - | PART XV. PROHIBIT THE SALE OR POSSESSION OF GHOST GUNS 34 |
---|
705 | | - | SECTION 15.(a) Article 52A of Chapter 14 of the General Statutes is amended by 35 |
---|
706 | | - | adding a new section to read: 36 |
---|
707 | | - | "§ 14-409B. Ghost guns prohibited. 37 |
---|
708 | | - | (a) Definition. – For purposes of this section, the term "ghost gun" means a firearm, 38 |
---|
709 | | - | including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy 39 |
---|
710 | | - | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or 40 |
---|
711 | | - | markings in accordance with 27 C.F.R. § 479.102. This term does not include a firearm that has 41 |
---|
712 | | - | been rendered permanently inoperable or a firearm that is not required to have a serial number in 42 |
---|
713 | | - | accordance with the federal Gun Control Act of 1968. 43 |
---|
714 | | - | (b) Prohibition. – It shall be unlawful for any person, firm, or corporation to manufacture, 44 |
---|
715 | | - | sell, give away, transfer, use, or possess a ghost gun. 45 |
---|
716 | | - | (c) Punishment. – Any person violating this section is guilty of a Class I felony." 46 |
---|
717 | | - | SECTION 15.(b) This section becomes effective December 1, 2025, and applies to 47 |
---|
718 | | - | offenses committed on or after that date. 48 |
---|
719 | | - | 49 |
---|
720 | | - | PART XVI. PROHIBIT P OSSESSION OF SEMIAUT OMATIC FIREARMS BY 50 |
---|
721 | | - | PERSONS UNDER 18 YEA RS OF AGE 51 General Assembly Of North Carolina Session 2025 |
---|
722 | | - | House Bill 732-First Edition Page 15 |
---|
723 | | - | SECTION 16.(a) Article 35 of Chapter 14 of the General Statutes is amended by 1 |
---|
724 | | - | adding a new section to read: 2 |
---|
725 | | - | "§ 14-269.7A. Prohibition on semiautomatic firearms for persons under 18 years of age. 3 |
---|
726 | | - | (a) Definition. – For purposes of this section, the term "semiautomatic firearm" means a 4 |
---|
727 | | - | selective-fire firearm capable of semiautomatic or burst fire at the option of the user. This term 5 |
---|
728 | | - | does not include a firearm prohibited under G.S. 14-409 or federal law. 6 |
---|
729 | | - | (b) Prohibition. – It is unlawful for a person under 18 years of age to willfully and 7 |
---|
730 | | - | intentionally possess or carry a semiautomatic firearm. 8 |
---|
731 | | - | (c) Punishment. – Any person violating this section is guilty of a Class 1 misdemeanor. 9 |
---|
732 | | - | (d) Exception. – This section does not apply to officers and enlisted personnel of the 10 |
---|
733 | | - | Armed Forces of the United States when in discharge of their official duties or acting under 11 |
---|
734 | | - | orders requiring them to carry a semiautomatic firearm." 12 |
---|
735 | | - | SECTION 16.(b) This section becomes effective December 1, 2025, and applies to 13 |
---|
736 | | - | offenses committed on or after that date. 14 |
---|
737 | | - | 15 |
---|
738 | | - | PART XVII. REQUIRE THE SHERIFF UPON DENIAL, REVOCATION, OR REFUSAL 16 |
---|
739 | | - | TO RENEW A CONCEALED HANDGUN PERMIT OR P ISTOL PERMIT TO 17 |
---|
740 | | - | TRANSMIT THE PROHIBI TION RECORD TO THE N ATIONAL INSTANT 18 |
---|
741 | | - | CRIMINAL BACKGROUND CHECK SYSTEM 19 |
---|
742 | | - | SECTION 17.(a) G.S. 14-404, as reenacted in subsection (c) of Section 2 of this act, 20 |
---|
743 | | - | is amended by adding a new subsection to read: 21 |
---|
744 | | - | "(b2) If the sheriff denies a person's application for a permit under this Article, and the 22 |
---|
745 | | - | ground for the denial is a prohibition under the National Instant Criminal Background Check 23 |
---|
746 | | - | System (NICS), the sheriff shall transmit the prohibiting record to NICS not later than 48 hours 24 |
---|
747 | | - | after notifying the applicant of the denial, excluding Saturdays, Sundays, and holidays." 25 |
---|
748 | | - | SECTION 17.(b) Article 54B of Chapter 14 of the General Statutes is amended by 26 |
---|
749 | | - | adding a new section to read: 27 |
---|
750 | | - | "§ 14-415.18A. Sheriff to report denial, revocation, or refusal to renew permit to NICS. 28 |
---|
751 | | - | If the sheriff denies, revokes, or refuses to renew a person's application for a permit under 29 |
---|
752 | | - | this Article, and the ground for the denial is a prohibition under the National Instant Criminal 30 |
---|
753 | | - | Background Check System (NICS), the sheriff shall transmit the prohibiting record to NICS not 31 |
---|
754 | | - | later than 48 hours after notifying the applicant of the denial, revocation, or refusal to renew the 32 |
---|
755 | | - | permit, excluding Saturdays, Sundays, and holidays." 33 |
---|
756 | | - | 34 |
---|
757 | | - | PART XVIII. DIRECT THE STATE TREASURER T O DIVEST THE PENSION FUND 35 |
---|
758 | | - | OF GUN STOCKS 36 |
---|
759 | | - | SECTION 18. Chapter 147 of the General Statutes is amended by adding a new 37 |
---|
760 | | - | Article to read: 38 |
---|
761 | | - | "Article 9. 39 |
---|
762 | | - | "Firearms Manufacturer Divestment Act. 40 |
---|
763 | | - | "§ 147-95. Definitions. 41 |
---|
764 | | - | As used in this Article, the following definitions apply: 42 |
---|
765 | | - | (1) Company. – Any sole proprietorship, organization, association, corporation, 43 |
---|
766 | | - | partnership, joint venture, limited partnership, limited liability partnership, 44 |
---|
767 | | - | limited liability company, or other entity or business association, including all 45 |
---|
768 | | - | wholly owned subsidiaries, majority-owned subsidiaries, parent companies, 46 |
---|
769 | | - | or affiliates of such entities or business associations, that exists for 47 |
---|
770 | | - | profit-making purposes. 48 |
---|
771 | | - | (2) Direct holdings. – All securities of a company that is a firearms manufacturer 49 |
---|
772 | | - | held directly by the Public Fund or in an account or fund in which the Public 50 |
---|
773 | | - | Fund owns all shares or interests. 51 General Assembly Of North Carolina Session 2025 |
---|
774 | | - | Page 16 House Bill 732-First Edition |
---|
775 | | - | (3) Firearm. – Defined in G.S. 14-409.39(2), as well as weapons of mass death 1 |
---|
776 | | - | and destruction described in G.S. 14-288.8(c). 2 |
---|
777 | | - | (4) Firearms manufacturer. – A company that develops, designs, creates, 3 |
---|
778 | | - | fabricates, assembles, or reassembles firearms or ammunition. 4 |
---|
779 | | - | (5) Indirect holdings. – All securities of a company that is a firearms manufacturer 5 |
---|
780 | | - | held in an account or fund, such as a mutual fund, managed by one or more 6 |
---|
781 | | - | persons not employed by the Public Fund, in which the Public Fund owns 7 |
---|
782 | | - | shares or interests together with other investors not subject to the provisions 8 |
---|
783 | | - | of this Article. 9 |
---|
784 | | - | (6) Public Fund. – Any funds held by the State Treasurer to the credit of: 10 |
---|
785 | | - | a. The Teachers' and State Employees' Retirement System. 11 |
---|
786 | | - | b. The Consolidated Judicial Retirement System. 12 |
---|
787 | | - | c. The Firemen's and Rescue Workers' Pension Fund. 13 |
---|
788 | | - | d. The Local Governmental Employees' Retirement System. 14 |
---|
789 | | - | e. The Legislative Retirement System. 15 |
---|
790 | | - | f. The Legislative Retirement Fund. 16 |
---|
791 | | - | g. The North Carolina National Guard Pension Fund. 17 |
---|
792 | | - | "§ 147-96. Identification of firearms manufacturers. 18 |
---|
793 | | - | (a) Within 90 days of September 1, 2025, the Public Fund shall make its best efforts to 19 |
---|
794 | | - | identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or 20 |
---|
795 | | - | could possibly have such holdings in the future. Such efforts shall include, as appropriate: 21 |
---|
796 | | - | (1) Reviewing and relying, as appropriate in the Public Fund's judgment, on 22 |
---|
797 | | - | publicly available information regarding firearms manufacturers, including 23 |
---|
798 | | - | information provided by nonprofit organizations, research firms, international 24 |
---|
799 | | - | organizations, and government entities. 25 |
---|
800 | | - | (2) Contacting asset managers contracted by the Public Fund that invest in 26 |
---|
801 | | - | firearms manufacturers. 27 |
---|
802 | | - | (3) Contacting other institutional investors that have divested from firearms 28 |
---|
803 | | - | manufacturers. 29 |
---|
804 | | - | (b) By the first meeting of the Public Fund following the 90-day period described in 30 |
---|
805 | | - | subsection (a) of this section, the Public Fund shall assemble a list of all firearms manufacturers 31 |
---|
806 | | - | in which the Public Fund holds direct or indirect investments. 32 |
---|
807 | | - | "§ 147-97. Required actions. 33 |
---|
808 | | - | (a) Subject to all applicable laws related to prudent investment, the State Treasurer shall 34 |
---|
809 | | - | promptly divest all direct and indirect holdings in firearms manufacturers held by the Public 35 |
---|
810 | | - | Fund. 36 |
---|
811 | | - | (b) At no time shall the Public Fund acquire direct or indirect holdings in firearms 37 |
---|
812 | | - | manufacturers." 38 |
---|
813 | | - | 39 |
---|
814 | | - | PART XIX. ALLOW ISSUANCE OF EXTREME RISK PROTECTION ORDERS 40 |
---|
815 | | - | SECTION 19.(a) The General Statutes are amended by adding a new Chapter to 41 |
---|
816 | | - | read: 42 |
---|
817 | | - | "Chapter 50E. 43 |
---|
818 | | - | "Extreme Risk Protection Orders. 44 |
---|
819 | | - | "§ 50E-1. Title of Chapter. 45 |
---|
820 | | - | This Chapter may be cited as the "Extreme Risk Protection Orders Act." 46 |
---|
821 | | - | "§ 50E-2. Purpose. 47 |
---|
822 | | - | The purpose of this Chapter is to reduce gun deaths and injuries, while respecting 48 |
---|
823 | | - | constitutional rights, by providing a court procedure for concerned citizens and law enforcement 49 |
---|
824 | | - | to obtain an order temporarily restricting a person's access to firearms. The court orders 50 |
---|
825 | | - | authorized under this Chapter are intended to be limited to situations in which the person poses 51 General Assembly Of North Carolina Session 2025 |
---|
826 | | - | House Bill 732-First Edition Page 17 |
---|
827 | | - | a significant danger of harming themselves or others by possessing a firearm and include 1 |
---|
828 | | - | standards and safeguards to protect the rights of respondents and due process of law. 2 |
---|
829 | | - | "§ 50E-3. Definitions. 3 |
---|
830 | | - | The following definitions apply in this Chapter: 4 |
---|
831 | | - | (1) Extreme Risk Protection Order or ERPO. – An order granted under this 5 |
---|
832 | | - | Chapter, which includes a remedy authorized under G.S. 50E-6. 6 |
---|
833 | | - | (2) Family or household member. – Any of the following: 7 |
---|
834 | | - | a. A person related by blood, marriage, or adoption to the respondent. 8 |
---|
835 | | - | b. A person who is in a dating relationship, or has been in a dating 9 |
---|
836 | | - | relationship, with the respondent. For purposes of this 10 |
---|
837 | | - | sub-subdivision, a dating relationship is one wherein the parties are 11 |
---|
838 | | - | romantically involved over time and on a continuous basis during the 12 |
---|
839 | | - | course of the relationship, but is not any of the following: 13 |
---|
840 | | - | 1. A casual acquaintance. 14 |
---|
841 | | - | 2. Ordinary fraternization between persons in a business or social 15 |
---|
842 | | - | context. 16 |
---|
843 | | - | 3. A dating relationship that ended more than one year before the 17 |
---|
844 | | - | date the petitioner filed a petition for an ERPO under this 18 |
---|
845 | | - | Chapter. 19 |
---|
846 | | - | c. A person who has a child in common with the respondent, regardless 20 |
---|
847 | | - | of whether the person has been married to the respondent or has lived 21 |
---|
848 | | - | together with the respondent at any time. 22 |
---|
849 | | - | d. A domestic partner of the respondent. 23 |
---|
850 | | - | e. A person who has a biological or legal parent-child relationship with 24 |
---|
851 | | - | the respondent, including stepparents, stepchildren, grandparents, and 25 |
---|
852 | | - | grandchildren. 26 |
---|
853 | | - | f. A person who is acting or has acted as the respondent's legal guardian. 27 |
---|
854 | | - | (3) Firearm. – Any weapon, including a starter gun, which will or is designed to 28 |
---|
855 | | - | or may readily be converted to expel a projectile by the action of an explosive, 29 |
---|
856 | | - | or its frame or receiver. 30 |
---|
857 | | - | "§ 50E-4. Commencement of action. 31 |
---|
858 | | - | (a) Petition. – Any of the following may file a verified petition in district court for an 32 |
---|
859 | | - | ERPO: 33 |
---|
860 | | - | (1) A family or household member. 34 |
---|
861 | | - | (2) A current or former spouse or dating partner. 35 |
---|
862 | | - | (3) A law enforcement officer or agency. 36 |
---|
863 | | - | (4) A health care provider. 37 |
---|
864 | | - | (b) Venue. – A petition for an ERPO is governed by G.S. 1-82. 38 |
---|
865 | | - | (c) Required Information in Petition. – A petition for an ERPO under this Chapter shall 39 |
---|
866 | | - | include all of the following: 40 |
---|
867 | | - | (1) An allegation that the respondent poses a danger of physical harm to self or 41 |
---|
868 | | - | others by having in his or her care, custody, possession, ownership, or control 42 |
---|
869 | | - | a firearm. If the petitioner is seeking an ex parte ERPO, the petition shall 43 |
---|
870 | | - | include an allegation that the respondent poses an imminent danger of physical 44 |
---|
871 | | - | harm to self or others by having in his or her care, custody, possession, 45 |
---|
872 | | - | ownership, or control a firearm. The allegation required under this subdivision 46 |
---|
873 | | - | shall include facts to support the allegation. 47 |
---|
874 | | - | (2) An identification, to the best of the petitioner's knowledge, of the number, 48 |
---|
875 | | - | types, and locations of firearms under the respondent's custody or control. 49 |
---|
876 | | - | (3) An identification of any existing protection order under State law governing 50 |
---|
877 | | - | the respondent. 51 General Assembly Of North Carolina Session 2025 |
---|
878 | | - | Page 18 House Bill 732-First Edition |
---|
879 | | - | (4) An identification of any pending lawsuits, complaints, petitions, or other 1 |
---|
880 | | - | actions between the petitioner and the respondent. 2 |
---|
881 | | - | (d) Verification of Terms of Existing Orders. – The clerk of court shall verify the terms 3 |
---|
882 | | - | of any existing protection orders governing the petitioner and respondent. The court shall not 4 |
---|
883 | | - | delay or deny granting relief because of the existence of a pending action between the petitioner 5 |
---|
884 | | - | and respondent or the necessity of verifying the terms of an existing protection order. 6 |
---|
885 | | - | (e) Nondisclosure of Address. – A petitioner with a current and valid Address 7 |
---|
886 | | - | Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of 8 |
---|
887 | | - | the General Statutes may use the substitute address designated by the Address Confidentiality 9 |
---|
888 | | - | Program when filing with the court any document required under this Chapter. If a petitioner 10 |
---|
889 | | - | does not have a current and valid Address Confidentiality Program authorization card, but 11 |
---|
890 | | - | submits to the court a copy of a protective order without attachments, if any, issued to the 12 |
---|
891 | | - | petitioner under G.S. 50B-3 or a lawful order of any court of competent jurisdiction restricting 13 |
---|
892 | | - | the access or contact of one or more persons with the petitioner, accompanied by a signed 14 |
---|
893 | | - | statement that the petitioner has good reason to believe that the physical safety of the petitioner 15 |
---|
894 | | - | or a member of the petitioner's family residing with the petitioner would be jeopardized if the 16 |
---|
895 | | - | petitioner's address were open to public inspection, that petitioner's address shall be kept 17 |
---|
896 | | - | confidential. 18 |
---|
897 | | - | (f) Court Costs. – No court costs shall be assessed for the filing or service of the petition, 19 |
---|
898 | | - | or the service of any ERPOs. 20 |
---|
899 | | - | (g) Electronic Filing. – All documents filed, issued, registered, or served in an action 21 |
---|
900 | | - | under this Chapter relating to an ERPO may be filed electronically. 22 |
---|
901 | | - | (h) Report. – Beginning December 1, 2025, and occurring annually thereafter, the 23 |
---|
902 | | - | Administrative Office of the Courts shall submit a report to the Joint Legislative Oversight 24 |
---|
903 | | - | Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the 25 |
---|
904 | | - | following information: 26 |
---|
905 | | - | (1) The number of petitions filed under this Chapter during the prior calendar 27 |
---|
906 | | - | year. 28 |
---|
907 | | - | (2) The number of ex parte ERPOs issued during the prior calendar year. 29 |
---|
908 | | - | (3) The number of ex parte ERPOs the courts declined to issue during the prior 30 |
---|
909 | | - | calendar year and justification for why each was declined. 31 |
---|
910 | | - | (4) The number of final ERPOs issued during the prior calendar year. 32 |
---|
911 | | - | (5) The number of final ERPOs the courts declined to issue during the prior 33 |
---|
912 | | - | calendar year and justification for why each was declined. 34 |
---|
913 | | - | "§ 50E-5. Process. 35 |
---|
914 | | - | (a) Summons Required. – Except as otherwise provided in G.S. 50E-8, a petition for an 36 |
---|
915 | | - | ERPO requires that a summons be issued and served not later than five days prior to the date set 37 |
---|
916 | | - | for the final ERPO hearing. Attachments to the summons shall include the petition for any ERPO, 38 |
---|
917 | | - | any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a 39 |
---|
918 | | - | description of what an ERPO is. 40 |
---|
919 | | - | (b) Service of the Summons and Attachments. – The clerk of court shall effect service of 41 |
---|
920 | | - | the summons and any attachments through the appropriate law enforcement agency where the 42 |
---|
921 | | - | respondent is to be served. 43 |
---|
922 | | - | "§ 50E-6. ERPO requirements; remedy; mental health or chemical dependency evaluation. 44 |
---|
923 | | - | (a) Required Information in ERPO. – An ERPO issued under this Chapter shall include 45 |
---|
924 | | - | all of the following: 46 |
---|
925 | | - | (1) A statement of the grounds supporting issuance of the ERPO. 47 |
---|
926 | | - | (2) The date and time the ERPO was issued. 48 |
---|
927 | | - | (3) The date and time the ERPO expires. 49 |
---|
928 | | - | (4) Whether a mental health evaluation or chemical dependency evaluation of the 50 |
---|
929 | | - | respondent is required. 51 General Assembly Of North Carolina Session 2025 |
---|
930 | | - | House Bill 732-First Edition Page 19 |
---|
931 | | - | (5) The address of the court in which any responsive pleading may be filed. 1 |
---|
932 | | - | (6) A description of the requirements for relinquishment and retrieval of any 2 |
---|
933 | | - | firearms, ammunition, permits to purchase firearms, and permits to carry 3 |
---|
934 | | - | concealed firearms that are in the care, custody, ownership, or control of the 4 |
---|
935 | | - | respondent. 5 |
---|
936 | | - | (7) A description of the process for seeking termination of the ERPO. 6 |
---|
937 | | - | (8) A statement that a violation of the ERPO is punishable as a Class A1 7 |
---|
938 | | - | misdemeanor. 8 |
---|
939 | | - | (b) Remedy Granted. – Upon issuance of an ERPO, including an ex parte ERPO, the 9 |
---|
940 | | - | court shall order the respondent to surrender to the sheriff all firearms, ammunition, permits to 10 |
---|
941 | | - | purchase firearms, and permits to carry concealed firearms that are in the care, custody, 11 |
---|
942 | | - | possession, ownership, or control of the respondent. 12 |
---|
943 | | - | (c) Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance 13 |
---|
944 | | - | of an ERPO, the court shall consider whether a mental health evaluation or chemical dependency 14 |
---|
945 | | - | evaluation of the respondent is appropriate and may order the respondent to undergo evaluation 15 |
---|
946 | | - | if appropriate. 16 |
---|
947 | | - | "§ 50E-7. Hearing and issuance of a final Extreme Risk Protection Order. 17 |
---|
948 | | - | (a) Hearing. – A court shall hold a hearing on a petition for a final ERPO no later than 18 |
---|
949 | | - | 10 days from either of the following dates: 19 |
---|
950 | | - | (1) If an ex parte ERPO has been issued, the date the ex parte ERPO was issued. 20 |
---|
951 | | - | (2) If subdivision (1) of this subsection does not apply, the date the petition for a 21 |
---|
952 | | - | final ERPO was served on the respondent. 22 |
---|
953 | | - | A continuance shall be limited to one extension of no more than 10 days unless all parties 23 |
---|
954 | | - | consent or good cause is shown. 24 |
---|
955 | | - | (b) Order. – A court may issue a final ERPO if all of the following requirements are met: 25 |
---|
956 | | - | (1) The court finds by clear and convincing evidence that the respondent poses a 26 |
---|
957 | | - | danger of causing physical harm to self or others by having in his or her 27 |
---|
958 | | - | custody a firearm. In determining whether the requirement set forth in this 28 |
---|
959 | | - | subdivision is met, the court may consider any relevant evidence, including, 29 |
---|
960 | | - | but not limited to, any of the following: 30 |
---|
961 | | - | a. A recent act or threat of violence, or a pattern of acts or threats of 31 |
---|
962 | | - | violence within the 12 months preceding the petition, by the 32 |
---|
963 | | - | respondent against himself, herself, or others, whether or not the 33 |
---|
964 | | - | violence or threat of violence involves a firearm or other weapon. 34 |
---|
965 | | - | b. Evidence of the respondent being seriously mentally ill or having 35 |
---|
966 | | - | recurring mental health issues. 36 |
---|
967 | | - | c. A violation by the respondent of an order issued under Chapter 50B, 37 |
---|
968 | | - | 50C, or 50D of the General Statutes. 38 |
---|
969 | | - | d. A previous or existing ERPO issued against the respondent, including 39 |
---|
970 | | - | whether the respondent committed a violation of the previous or 40 |
---|
971 | | - | existing ERPO. 41 |
---|
972 | | - | e. Whether the respondent, in this State or any other state, has been 42 |
---|
973 | | - | convicted of or had adjudication withheld on a crime that constitutes 43 |
---|
974 | | - | domestic violence as defined in G.S. 50B-1 or a crime involving 44 |
---|
975 | | - | violence or a threat of violence. 45 |
---|
976 | | - | f. The unlawful or reckless use, display, or brandishing of a firearm by 46 |
---|
977 | | - | the respondent. 47 |
---|
978 | | - | g. The recurring use of, or threat to use, physical force by the respondent 48 |
---|
979 | | - | against another person or the respondent stalking another person. 49 |
---|
980 | | - | h. Evidence of the abuse of controlled substances or alcohol by the 50 |
---|
981 | | - | respondent. 51 General Assembly Of North Carolina Session 2025 |
---|
982 | | - | Page 20 House Bill 732-First Edition |
---|
| 707 | + | PART XV. PROHIBIT THE SALE OR POSSESSION OF GHOST GUNS 32 |
---|
| 708 | + | SECTION 15.(a) Article 52A of Chapter 14 of the General Statutes is amended by 33 |
---|
| 709 | + | adding a new section to read: 34 |
---|
| 710 | + | "§ 14-409B. Ghost guns prohibited. 35 |
---|
| 711 | + | (a) Definition. – For purposes of this section, the term "ghost gun" means a firearm, 36 |
---|
| 712 | + | including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy 37 |
---|
| 713 | + | on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or 38 |
---|
| 714 | + | markings in accordance with 27 C.F.R. § 479.102. This term does not include a firearm that has 39 |
---|
| 715 | + | been rendered permanently inoperable or a firearm that is not required to have a serial number in 40 |
---|
| 716 | + | accordance with the federal Gun Control Act of 1968. 41 |
---|
| 717 | + | (b) Prohibition. – It shall be unlawful for any person, firm, or corporation to manufacture, 42 |
---|
| 718 | + | sell, give away, transfer, use, or possess a ghost gun. 43 |
---|
| 719 | + | (c) Punishment. – Any person violating this section is guilty of a Class I felony." 44 |
---|
| 720 | + | SECTION 15.(b) This section becomes effective December 1, 2025, and applies to 45 |
---|
| 721 | + | offenses committed on or after that date. 46 |
---|
| 722 | + | 47 |
---|
| 723 | + | PART XVI. PROHIBIT POSSESSION OF SEMIAUTOMATIC FIREARM S BY 48 |
---|
| 724 | + | PERSONS UNDER 18 YEARS OF AGE 49 |
---|
| 725 | + | SECTION 16.(a) Article 35 of Chapter 14 of the General Statutes is amended by 50 |
---|
| 726 | + | adding a new section to read: 51 General Assembly Of North Carolina Session 2025 |
---|
| 727 | + | DRH10345-MLp-49A Page 15 |
---|
| 728 | + | "§ 14-269.7A. Prohibition on semiautomatic firearms for persons under 18 years of age. 1 |
---|
| 729 | + | (a) Definition. – For purposes of this section, the term "semiautomatic firearm" means a 2 |
---|
| 730 | + | selective-fire firearm capable of semiautomatic or burst fire at the option of the user. This term 3 |
---|
| 731 | + | does not include a firearm prohibited under G.S. 14-409 or federal law. 4 |
---|
| 732 | + | (b) Prohibition. – It is unlawful for a person under 18 years of age to willfully and 5 |
---|
| 733 | + | intentionally possess or carry a semiautomatic firearm. 6 |
---|
| 734 | + | (c) Punishment. – Any person violating this section is guilty of a Class 1 misdemeanor. 7 |
---|
| 735 | + | (d) Exception. – This section does not apply to officers and enlisted personnel of the 8 |
---|
| 736 | + | Armed Forces of the United States when in discharge of their official duties or acting under 9 |
---|
| 737 | + | orders requiring them to carry a semiautomatic firearm." 10 |
---|
| 738 | + | SECTION 16.(b) This section becomes effective December 1, 2025, and applies to 11 |
---|
| 739 | + | offenses committed on or after that date. 12 |
---|
| 740 | + | 13 |
---|
| 741 | + | PART XVII. REQUIRE THE SHERIFF UPON DENIAL, REVOCATION, OR REFUSAL 14 |
---|
| 742 | + | TO RENEW A CONCEALED HANDGUN PERMIT OR PISTOL PERMIT TO 15 |
---|
| 743 | + | TRANSMIT THE PROHIBITION RECORD TO THE NATIONAL INSTANT 16 |
---|
| 744 | + | CRIMINAL BACKGROUND CHECK SYSTEM 17 |
---|
| 745 | + | SECTION 17.(a) G.S. 14-404, as reenacted in subsection (c) of Section 2 of this act, 18 |
---|
| 746 | + | is amended by adding a new subsection to read: 19 |
---|
| 747 | + | "(b2) If the sheriff denies a person's application for a permit under this Article, and the 20 |
---|
| 748 | + | ground for the denial is a prohibition under the National Instant Criminal Background Check 21 |
---|
| 749 | + | System (NICS), the sheriff shall transmit the prohibiting record to NICS not later than 48 hours 22 |
---|
| 750 | + | after notifying the applicant of the denial, excluding Saturdays, Sundays, and holidays." 23 |
---|
| 751 | + | SECTION 17.(b) Article 54B of Chapter 14 of the General Statutes is amended by 24 |
---|
| 752 | + | adding a new section to read: 25 |
---|
| 753 | + | "§ 14-415.18A. Sheriff to report denial, revocation, or refusal to renew permit to NICS. 26 |
---|
| 754 | + | If the sheriff denies, revokes, or refuses to renew a person's application for a permit under 27 |
---|
| 755 | + | this Article, and the ground for the denial is a prohibition under the National Instant Criminal 28 |
---|
| 756 | + | Background Check System (NICS), the sheriff shall transmit the prohibiting record to NICS not 29 |
---|
| 757 | + | later than 48 hours after notifying the applicant of the denial, revocation, or refusal to renew the 30 |
---|
| 758 | + | permit, excluding Saturdays, Sundays, and holidays." 31 |
---|
| 759 | + | 32 |
---|
| 760 | + | PART XVIII. DIRECT THE STATE TREASURER TO DIVEST THE PENSION FUND 33 |
---|
| 761 | + | OF GUN STOCKS 34 |
---|
| 762 | + | SECTION 18. Chapter 147 of the General Statutes is amended by adding a new 35 |
---|
| 763 | + | Article to read: 36 |
---|
| 764 | + | "Article 9. 37 |
---|
| 765 | + | "Firearms Manufacturer Divestment Act. 38 |
---|
| 766 | + | "§ 147-95. Definitions. 39 |
---|
| 767 | + | As used in this Article, the following definitions apply: 40 |
---|
| 768 | + | (1) Company. – Any sole proprietorship, organization, association, corporation, 41 |
---|
| 769 | + | partnership, joint venture, limited partnership, limited liability partnership, 42 |
---|
| 770 | + | limited liability company, or other entity or business association, including all 43 |
---|
| 771 | + | wholly owned subsidiaries, majority-owned subsidiaries, parent companies, 44 |
---|
| 772 | + | or affiliates of such entities or business associations, that exists for 45 |
---|
| 773 | + | profit-making purposes. 46 |
---|
| 774 | + | (2) Direct holdings. – All securities of a company that is a firearms manufacturer 47 |
---|
| 775 | + | held directly by the Public Fund or in an account or fund in which the Public 48 |
---|
| 776 | + | Fund owns all shares or interests. 49 |
---|
| 777 | + | (3) Firearm. – Defined in G.S. 14-409.39(2), as well as weapons of mass death 50 |
---|
| 778 | + | and destruction described in G.S. 14-288.8(c). 51 General Assembly Of North Carolina Session 2025 |
---|
| 779 | + | Page 16 DRH10345-MLp-49A |
---|
| 780 | + | (4) Firearms manufacturer. – A company that develops, designs, creates, 1 |
---|
| 781 | + | fabricates, assembles, or reassembles firearms or ammunition. 2 |
---|
| 782 | + | (5) Indirect holdings. – All securities of a company that is a firearms manufacturer 3 |
---|
| 783 | + | held in an account or fund, such as a mutual fund, managed by one or more 4 |
---|
| 784 | + | persons not employed by the Public Fund, in which the Public Fund owns 5 |
---|
| 785 | + | shares or interests together with other investors not subject to the provisions 6 |
---|
| 786 | + | of this Article. 7 |
---|
| 787 | + | (6) Public Fund. – Any funds held by the State Treasurer to the credit of: 8 |
---|
| 788 | + | a. The Teachers' and State Employees' Retirement System. 9 |
---|
| 789 | + | b. The Consolidated Judicial Retirement System. 10 |
---|
| 790 | + | c. The Firemen's and Rescue Workers' Pension Fund. 11 |
---|
| 791 | + | d. The Local Governmental Employees' Retirement System. 12 |
---|
| 792 | + | e. The Legislative Retirement System. 13 |
---|
| 793 | + | f. The Legislative Retirement Fund. 14 |
---|
| 794 | + | g. The North Carolina National Guard Pension Fund. 15 |
---|
| 795 | + | "§ 147-96. Identification of firearms manufacturers. 16 |
---|
| 796 | + | (a) Within 90 days of September 1, 2025, the Public Fund shall make its best efforts to 17 |
---|
| 797 | + | identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or 18 |
---|
| 798 | + | could possibly have such holdings in the future. Such efforts shall include, as appropriate: 19 |
---|
| 799 | + | (1) Reviewing and relying, as appropriate in the Public Fund's judgment, on 20 |
---|
| 800 | + | publicly available information regarding firearms manufacturers, including 21 |
---|
| 801 | + | information provided by nonprofit organizations, research firms, international 22 |
---|
| 802 | + | organizations, and government entities. 23 |
---|
| 803 | + | (2) Contacting asset managers contracted by the Public Fund that invest in 24 |
---|
| 804 | + | firearms manufacturers. 25 |
---|
| 805 | + | (3) Contacting other institutional investors that have divested from firearms 26 |
---|
| 806 | + | manufacturers. 27 |
---|
| 807 | + | (b) By the first meeting of the Public Fund following the 90-day period described in 28 |
---|
| 808 | + | subsection (a) of this section, the Public Fund shall assemble a list of all firearms manufacturers 29 |
---|
| 809 | + | in which the Public Fund holds direct or indirect investments. 30 |
---|
| 810 | + | "§ 147-97. Required actions. 31 |
---|
| 811 | + | (a) Subject to all applicable laws related to prudent investment, the State Treasurer shall 32 |
---|
| 812 | + | promptly divest all direct and indirect holdings in firearms manufacturers held by the Public 33 |
---|
| 813 | + | Fund. 34 |
---|
| 814 | + | (b) At no time shall the Public Fund acquire direct or indirect holdings in firearms 35 |
---|
| 815 | + | manufacturers." 36 |
---|
| 816 | + | 37 |
---|
| 817 | + | PART XIX. ALLOW ISSUANCE OF EXTREME RISK PROTECTION ORDERS 38 |
---|
| 818 | + | SECTION 19.(a) The General Statutes are amended by adding a new Chapter to 39 |
---|
| 819 | + | read: 40 |
---|
| 820 | + | "Chapter 50E. 41 |
---|
| 821 | + | "Extreme Risk Protection Orders. 42 |
---|
| 822 | + | "§ 50E-1. Title of Chapter. 43 |
---|
| 823 | + | This Chapter may be cited as the "Extreme Risk Protection Orders Act." 44 |
---|
| 824 | + | "§ 50E-2. Purpose. 45 |
---|
| 825 | + | The purpose of this Chapter is to reduce gun deaths and injuries, while respecting 46 |
---|
| 826 | + | constitutional rights, by providing a court procedure for concerned citizens and law enforcement 47 |
---|
| 827 | + | to obtain an order temporarily restricting a person's access to firearms. The court orders 48 |
---|
| 828 | + | authorized under this Chapter are intended to be limited to situations in which the person poses 49 |
---|
| 829 | + | a significant danger of harming themselves or others by possessing a firearm and include 50 |
---|
| 830 | + | standards and safeguards to protect the rights of respondents and due process of law. 51 General Assembly Of North Carolina Session 2025 |
---|
| 831 | + | DRH10345-MLp-49A Page 17 |
---|
| 832 | + | "§ 50E-3. Definitions. 1 |
---|
| 833 | + | The following definitions apply in this Chapter: 2 |
---|
| 834 | + | (1) Extreme Risk Protection Order or ERPO. – An order granted under this 3 |
---|
| 835 | + | Chapter, which includes a remedy authorized under G.S. 50E-6. 4 |
---|
| 836 | + | (2) Family or household member. – Any of the following: 5 |
---|
| 837 | + | a. A person related by blood, marriage, or adoption to the respondent. 6 |
---|
| 838 | + | b. A person who is in a dating relationship, or has been in a dating 7 |
---|
| 839 | + | relationship, with the respondent. For purposes of this 8 |
---|
| 840 | + | sub-subdivision, a dating relationship is one wherein the parties are 9 |
---|
| 841 | + | romantically involved over time and on a continuous basis during the 10 |
---|
| 842 | + | course of the relationship, but is not any of the following: 11 |
---|
| 843 | + | 1. A casual acquaintance. 12 |
---|
| 844 | + | 2. Ordinary fraternization between persons in a business or social 13 |
---|
| 845 | + | context. 14 |
---|
| 846 | + | 3. A dating relationship that ended more than one year before the 15 |
---|
| 847 | + | date the petitioner filed a petition for an ERPO under this 16 |
---|
| 848 | + | Chapter. 17 |
---|
| 849 | + | c. A person who has a child in common with the respondent, regardless 18 |
---|
| 850 | + | of whether the person has been married to the respondent or has lived 19 |
---|
| 851 | + | together with the respondent at any time. 20 |
---|
| 852 | + | d. A domestic partner of the respondent. 21 |
---|
| 853 | + | e. A person who has a biological or legal parent-child relationship with 22 |
---|
| 854 | + | the respondent, including stepparents, stepchildren, grandparents, and 23 |
---|
| 855 | + | grandchildren. 24 |
---|
| 856 | + | f. A person who is acting or has acted as the respondent's legal guardian. 25 |
---|
| 857 | + | (3) Firearm. – Any weapon, including a starter gun, which will or is designed to 26 |
---|
| 858 | + | or may readily be converted to expel a projectile by the action of an explosive, 27 |
---|
| 859 | + | or its frame or receiver. 28 |
---|
| 860 | + | "§ 50E-4. Commencement of action. 29 |
---|
| 861 | + | (a) Petition. – Any of the following may file a verified petition in district court for an 30 |
---|
| 862 | + | ERPO: 31 |
---|
| 863 | + | (1) A family or household member. 32 |
---|
| 864 | + | (2) A current or former spouse or dating partner. 33 |
---|
| 865 | + | (3) A law enforcement officer or agency. 34 |
---|
| 866 | + | (4) A health care provider. 35 |
---|
| 867 | + | (b) Venue. – A petition for an ERPO is governed by G.S. 1-82. 36 |
---|
| 868 | + | (c) Required Information in Petition. – A petition for an ERPO under this Chapter shall 37 |
---|
| 869 | + | include all of the following: 38 |
---|
| 870 | + | (1) An allegation that the respondent poses a danger of physical harm to self or 39 |
---|
| 871 | + | others by having in his or her care, custody, possession, ownership, or control 40 |
---|
| 872 | + | a firearm. If the petitioner is seeking an ex parte ERPO, the petition shall 41 |
---|
| 873 | + | include an allegation that the respondent poses an imminent danger of physical 42 |
---|
| 874 | + | harm to self or others by having in his or her care, custody, possession, 43 |
---|
| 875 | + | ownership, or control a firearm. The allegation required under this subdivision 44 |
---|
| 876 | + | shall include facts to support the allegation. 45 |
---|
| 877 | + | (2) An identification, to the best of the petitioner's knowledge, of the number, 46 |
---|
| 878 | + | types, and locations of firearms under the respondent's custody or control. 47 |
---|
| 879 | + | (3) An identification of any existing protection order under State law governing 48 |
---|
| 880 | + | the respondent. 49 |
---|
| 881 | + | (4) An identification of any pending lawsuits, complaints, petitions, or other 50 |
---|
| 882 | + | actions between the petitioner and the respondent. 51 General Assembly Of North Carolina Session 2025 |
---|
| 883 | + | Page 18 DRH10345-MLp-49A |
---|
| 884 | + | (d) Verification of Terms of Existing Orders. – The clerk of court shall verify the terms 1 |
---|
| 885 | + | of any existing protection orders governing the petitioner and respondent. The court shall not 2 |
---|
| 886 | + | delay or deny granting relief because of the existence of a pending action between the petitioner 3 |
---|
| 887 | + | and respondent or the necessity of verifying the terms of an existing protection order. 4 |
---|
| 888 | + | (e) Nondisclosure of Address. – A petitioner with a current and valid Address 5 |
---|
| 889 | + | Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of 6 |
---|
| 890 | + | the General Statutes may use the substitute address designated by the Address Confidentiality 7 |
---|
| 891 | + | Program when filing with the court any document required under this Chapter. If a petitioner 8 |
---|
| 892 | + | does not have a current and valid Address Confidentiality Program authorization card, but 9 |
---|
| 893 | + | submits to the court a copy of a protective order without attachments, if any, issued to the 10 |
---|
| 894 | + | petitioner under G.S. 50B-3 or a lawful order of any court of competent jurisdiction restricting 11 |
---|
| 895 | + | the access or contact of one or more persons with the petitioner, accompanied by a signed 12 |
---|
| 896 | + | statement that the petitioner has good reason to believe that the physical safety of the petitioner 13 |
---|
| 897 | + | or a member of the petitioner's family residing with the petitioner would be jeopardized if the 14 |
---|
| 898 | + | petitioner's address were open to public inspection, that petitioner's address shall be kept 15 |
---|
| 899 | + | confidential. 16 |
---|
| 900 | + | (f) Court Costs. – No court costs shall be assessed for the filing or service of the petition, 17 |
---|
| 901 | + | or the service of any ERPOs. 18 |
---|
| 902 | + | (g) Electronic Filing. – All documents filed, issued, registered, or served in an action 19 |
---|
| 903 | + | under this Chapter relating to an ERPO may be filed electronically. 20 |
---|
| 904 | + | (h) Report. – Beginning December 1, 2025, and occurring annually thereafter, the 21 |
---|
| 905 | + | Administrative Office of the Courts shall submit a report to the Joint Legislative Oversight 22 |
---|
| 906 | + | Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the 23 |
---|
| 907 | + | following information: 24 |
---|
| 908 | + | (1) The number of petitions filed under this Chapter during the prior calendar 25 |
---|
| 909 | + | year. 26 |
---|
| 910 | + | (2) The number of ex parte ERPOs issued during the prior calendar year. 27 |
---|
| 911 | + | (3) The number of ex parte ERPOs the courts declined to issue during the prior 28 |
---|
| 912 | + | calendar year and justification for why each was declined. 29 |
---|
| 913 | + | (4) The number of final ERPOs issued during the prior calendar year. 30 |
---|
| 914 | + | (5) The number of final ERPOs the courts declined to issue during the prior 31 |
---|
| 915 | + | calendar year and justification for why each was declined. 32 |
---|
| 916 | + | "§ 50E-5. Process. 33 |
---|
| 917 | + | (a) Summons Required. – Except as otherwise provided in G.S. 50E-8, a petition for an 34 |
---|
| 918 | + | ERPO requires that a summons be issued and served not later than five days prior to the date set 35 |
---|
| 919 | + | for the final ERPO hearing. Attachments to the summons shall include the petition for any ERPO, 36 |
---|
| 920 | + | any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a 37 |
---|
| 921 | + | description of what an ERPO is. 38 |
---|
| 922 | + | (b) Service of the Summons and Attachments. – The clerk of court shall effect service of 39 |
---|
| 923 | + | the summons and any attachments through the appropriate law enforcement agency where the 40 |
---|
| 924 | + | respondent is to be served. 41 |
---|
| 925 | + | "§ 50E-6. ERPO requirements; remedy; mental health or chemical dependency evaluation. 42 |
---|
| 926 | + | (a) Required Information in ERPO. – An ERPO issued under this Chapter shall include 43 |
---|
| 927 | + | all of the following: 44 |
---|
| 928 | + | (1) A statement of the grounds supporting issuance of the ERPO. 45 |
---|
| 929 | + | (2) The date and time the ERPO was issued. 46 |
---|
| 930 | + | (3) The date and time the ERPO expires. 47 |
---|
| 931 | + | (4) Whether a mental health evaluation or chemical dependency evaluation of the 48 |
---|
| 932 | + | respondent is required. 49 |
---|
| 933 | + | (5) The address of the court in which any responsive pleading may be filed. 50 General Assembly Of North Carolina Session 2025 |
---|
| 934 | + | DRH10345-MLp-49A Page 19 |
---|
| 935 | + | (6) A description of the requirements for relinquishment and retrieval of any 1 |
---|
| 936 | + | firearms, ammunition, permits to purchase firearms, and permits to carry 2 |
---|
| 937 | + | concealed firearms that are in the care, custody, ownership, or control of the 3 |
---|
| 938 | + | respondent. 4 |
---|
| 939 | + | (7) A description of the process for seeking termination of the ERPO. 5 |
---|
| 940 | + | (8) A statement that a violation of the ERPO is punishable as a Class A1 6 |
---|
| 941 | + | misdemeanor. 7 |
---|
| 942 | + | (b) Remedy Granted. – Upon issuance of an ERPO, including an ex parte ERPO, the 8 |
---|
| 943 | + | court shall order the respondent to surrender to the sheriff all firearms, ammunition, permits to 9 |
---|
| 944 | + | purchase firearms, and permits to carry concealed firearms that are in the care, custody, 10 |
---|
| 945 | + | possession, ownership, or control of the respondent. 11 |
---|
| 946 | + | (c) Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance 12 |
---|
| 947 | + | of an ERPO, the court shall consider whether a mental health evaluation or chemical dependency 13 |
---|
| 948 | + | evaluation of the respondent is appropriate and may order the respondent to undergo evaluation 14 |
---|
| 949 | + | if appropriate. 15 |
---|
| 950 | + | "§ 50E-7. Hearing and issuance of a final Extreme Risk Protection Order. 16 |
---|
| 951 | + | (a) Hearing. – A court shall hold a hearing on a petition for a final ERPO no later than 17 |
---|
| 952 | + | 10 days from either of the following dates: 18 |
---|
| 953 | + | (1) If an ex parte ERPO has been issued, the date the ex parte ERPO was issued. 19 |
---|
| 954 | + | (2) If subdivision (1) of this subsection does not apply, the date the petition for a 20 |
---|
| 955 | + | final ERPO was served on the respondent. 21 |
---|
| 956 | + | A continuance shall be limited to one extension of no more than 10 days unless all parties 22 |
---|
| 957 | + | consent or good cause is shown. 23 |
---|
| 958 | + | (b) Order. – A court may issue a final ERPO if all of the following requirements are met: 24 |
---|
| 959 | + | (1) The court finds by clear and convincing evidence that the respondent poses a 25 |
---|
| 960 | + | danger of causing physical harm to self or others by having in his or her 26 |
---|
| 961 | + | custody a firearm. In determining whether the requirement set forth in this 27 |
---|
| 962 | + | subdivision is met, the court may consider any relevant evidence, including, 28 |
---|
| 963 | + | but not limited to, any of the following: 29 |
---|
| 964 | + | a. A recent act or threat of violence, or a pattern of acts or threats of 30 |
---|
| 965 | + | violence within the 12 months preceding the petition, by the 31 |
---|
| 966 | + | respondent against himself, herself, or others, whether or not the 32 |
---|
| 967 | + | violence or threat of violence involves a firearm or other weapon. 33 |
---|
| 968 | + | b. Evidence of the respondent being seriously mentally ill or having 34 |
---|
| 969 | + | recurring mental health issues. 35 |
---|
| 970 | + | c. A violation by the respondent of an order issued under Chapter 50B, 36 |
---|
| 971 | + | 50C, or 50D of the General Statutes. 37 |
---|
| 972 | + | d. A previous or existing ERPO issued against the respondent, including 38 |
---|
| 973 | + | whether the respondent committed a violation of the previous or 39 |
---|
| 974 | + | existing ERPO. 40 |
---|
| 975 | + | e. Whether the respondent, in this State or any other state, has been 41 |
---|
| 976 | + | convicted of or had adjudication withheld on a crime that constitutes 42 |
---|
| 977 | + | domestic violence as defined in G.S. 50B-1 or a crime involving 43 |
---|
| 978 | + | violence or a threat of violence. 44 |
---|
| 979 | + | f. The unlawful or reckless use, display, or brandishing of a firearm by 45 |
---|
| 980 | + | the respondent. 46 |
---|
| 981 | + | g. The recurring use of, or threat to use, physical force by the respondent 47 |
---|
| 982 | + | against another person or the respondent stalking another person. 48 |
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| 983 | + | h. Evidence of the abuse of controlled substances or alcohol by the 49 |
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| 984 | + | respondent. 50 General Assembly Of North Carolina Session 2025 |
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| 985 | + | Page 20 DRH10345-MLp-49A |
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