North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S633 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 633
	3	+	S D
	4	+	SENATE BILL DRS15203-ML-83
	5	+
5	6
6	7
7	8		Short Title: Guarding Freedoms & Public Safety Act. (Public)
8	9		Sponsors: Senators Bradley, Grafstein, and Everitt (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 26, 2025~~
11		-	~~S633 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15203 -ML-83
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF 2
14	15		DOMESTIC VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A 3
15	16		FIREARM; TO REQUIRE A UNIVERSAL BACKGROUND CHECK FOR THE SALE OF 4
16	17		A FIREARM; TO REENACT THE PISTOL PURCHASE PERMIT LAW; AND TO 5
17	18		REQUIRE CERTIFICATION OF THE SAFE STORAGE OF FIREARMS BY PARENTS 6
18	19		OR GUARDIANS OF STUDENTS IN PUBLIC SCHOOLS. 7
19	20		The General Assembly of North Carolina enacts: 8
20	21		9
21	22		PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC 10
22	23		VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A FIREARM 11
23	24		SECTION 1.(a) Article 35 of Chapter 14 of the General Statutes is amended by 12
24	25		adding a new section to read: 13
25	26		"§ 14-269.9. Purchase or possession of firearms by person convicted of misdemeanor crime 14
26	27		of domestic violence. 15
27	28		(a) Offense. – It is unlawful for a person to possess, purchase, or receive or attempt to 16
28	29		possess, purchase, or receive a firearm, as defined in G.S. 14-409.39, machine gun, ammunition, 17
29	30		or permits to purchase or carry concealed firearms if the person has been adjudicated guilty of or 18
30	31		received a prayer for judgment continued or suspended sentence for an offense (i) under 19
31	32		G.S. 14-32.5 or (ii) in another state that, if committed in this State, is substantially similar to an 20
32	33		offense under G.S. 14-32.5. 21
33	34		(b) Punishment. – A person violating the provisions of this section is guilty of a Class A1 22
34	35		misdemeanor." 23
35	36		SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 24
36	37		offenses committed on or after that date. 25
37	38		26
38	39		REQUIRE A UNIVERSAL BACKGROUND CHECK FOR THE SALE OF A FIREARM 27
39	40		SECTION 2.(a) Chapter 14 of the General Statutes is amended by adding a new 28
40	41		Article to read: 29
41	42		"Article 53D. 30
42	43		"Universal Background Check. 31
43	44		"§ 14-409.48. Short title. 32
44	45		This Article shall be known and may be cited as the "North Carolina Universal Background 33
45	46		Check Act." 34
46	47		"§ 14-409.49. Definitions. 35
47		-	The following definitions apply in this Article: 36 General Assembly Of North Carolina Session 2025
48		-	Page 2 Senate Bill 633-First Edition
	48	+	The following definitions apply in this Article: 36
	49	+	FILED SENATE
	50	+	Mar 25, 2025
	51	+	S.B. 633
	52	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	53	+	Page 2 DRS15203-ML-83
49	54		(1) Federally licensed firearm dealer. – A person who is licensed pursuant to 18 1
50	55		U.S.C. § 923 to engage in the business of dealing in firearms. 2
51	56		(2) Firearm. – A handgun, shotgun, or rifle which expels a projectile by action of 3
52	57		an explosion. 4
53	58		(3) Materially false information. – Information that portrays an illegal transaction 5
54	59		as legal or a legal transaction as illegal. 6
55	60		(4) Private person. – A person, firm, or corporation who is not a federally licensed 7
56	61		firearm dealer acting in accordance with federal law. 8
57	62		"§ 14-409.50. Background checks for the sales of firearms – federally licensed firearm 9
58	63		dealers. 10
59	64		(a) A federally licensed firearm dealer may not sell, transfer, or deliver any firearm to 11
60	65		any private person without conducting a background check as provided for in subsection (c) of 12
61	66		this section to verify that it would not be a violation of State or federal law for the private person 13
62	67		to possess the firearm. 14
63	68		(b) In addition to any other applicable State or federal law, it shall be unlawful for any of 15
64	69		the following persons to possess a firearm: 16
65	70		(1) One who is under an indictment or information for, or has been convicted in 17
66	71		any state or in any court of the United States of, a felony (other than an offense 18
67	72		pertaining to antitrust violations, unfair trade practices, or restraints of trade). 19
68	73		(2) One who is a fugitive from justice. 20
69	74		(3) One who is an unlawful user of or addicted to marijuana or any depressant, 21
70	75		stimulant, or narcotic drug (as defined in 21 U.S.C. § 802). 22
71	76		(4) One who has been adjudicated mentally incompetent or has been committed 23
72	77		to any mental institution. 24
73	78		(5) One who is an alien illegally or unlawfully in the United States. 25
74	79		(6) One who has been discharged from the Armed Forces of the United States 26
75	80		under dishonorable conditions. 27
76	81		(7) One who, having been a citizen of the United States, has renounced his or her 28
77	82		citizenship. 29
78	83		(8) One who is subject to a court order that: 30
79	84		a. Was issued after a hearing of which the person received actual notice, 31
80	85		and at which the person had an opportunity to participate. 32
81	86		b. Restrains the person from harassing, stalking, or threatening an 33
82	87		intimate partner of the person or child of the intimate partner of the 34
83	88		person, or engaging in other conduct that would place an intimate 35
84	89		partner in reasonable fear of bodily injury to the partner or child. 36
85	90		c. Includes a finding that the person represents a credible threat to the 37
86	91		physical safety of the intimate partner or child, or by its terms 38
87	92		explicitly prohibits the use, attempted use, or threatened use of 39
88	93		physical force against the intimate partner or child that would 40
89	94		reasonably be expected to cause bodily injury. 41
90	95		(c) In order to comply with the background check required by subsection (a) of this 42
91	96		section, the federally licensed firearm dealer must: 43
92	97		(1) Verify the private person's identity by examining a government-issued 44
93	98		identification card. 45
94	99		(2) Conduct a check through the National Instant Criminal Background Check 46
95	100		System (NICS). 47
96	101		(d) It is unlawful for a federally licensed firearm dealer to sell, transfer, or deliver any 48
97	102		firearm to any other person if a NICS check reveals that the possession of any firearm by the 49
98	103		person would violate State or federal law or if the federally licensed firearm dealer knows or has 50 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 633-First Edition~~ Page 3
	104	+	DRS15203-ML-83 Page 3
100	105		reason to know that the private person is prohibited from possessing any firearm by State or 1
101	106		federal law. 2
102	107		(e) It is a Class F felony for any federally licensed firearm dealer to sell, transfer, or 3
103	108		deliver any firearm to any person in violation of this Article. It is a Class F felony for any person 4
104	109		to provide any materially false information to a federally licensed firearm dealer with the intent 5
105	110		to obtain a firearm in violation of State or federal law. 6
106	111		"§ 14-409.51. Background checks required for the sales of firearms – private persons. 7
107	112		(a) It shall be unlawful for a private person to transfer any firearm to any other private 8
108	113		person without conducting a background check of that person through a federally licensed 9
109	114		firearm dealer as provided by G.S. 14-409.50(c) and the federally licensed firearm dealer 10
110	115		verifying that the transfer would not violate State or federal law. 11
111	116		(b) A federally licensed firearm dealer may charge a fee for conducting the background 12
112	117		check required by subsection (a) of this section. 13
113	118		(c) For the purposes of this section, "transfer" means assigning, pledging, leasing, 14
114	119		loaning, selling, giving away, or otherwise disposing of, but does not include any of the 15
115	120		following: 16
116	121		(1) The loan of a firearm for any lawful purpose, for a period of 14 days or less, 17
117	122		by the owner of the firearm to a person known personally to the owner. 18
118	123		(2) A temporary transfer for any lawful purpose that occurs while in the 19
119	124		continuous presence of the owner of the firearm, if the temporary transfer does 20
120	125		not exceed 24 hours in duration. 21
121	126		(3) The transfer of a firearm for repair, service, or modification to a licensed 22
122	127		gunsmith or other person lawfully engaged in such activities as a regular 23
123	128		course of trade or business. 24
124	129		(4) A transfer that occurs by operation of law or because of the death of a person 25
125	130		for whom the prospective transferor is an executor or administrator of an 26
126	131		estate or a trustee of a trust created in a will. 27
127	132		(d) A private person who transfers any firearm in a transaction subject to the requirement 28
128	133		set forth in subsection (a) of this section shall keep an accurate record of all transfers thereof, 29
129	134		including the name and place of residence of each person, firm, or corporation to whom or which 30
130	135		such transfers are made. Additionally, each record shall include the date of the transfer and a 31
131	136		description of the firearm transferred. The records maintained pursuant to this subsection are 32
132	137		confidential and are not a public record under G.S. 132-1; provided, however, that the person 33
133	138		shall make the records available upon request to all State and local law enforcement agencies. 34
134	139		(e) This section does not apply to transactions in which the private person the firearm 35
135	140		being transferred to is a parent, mother-in-law, father-in-law, stepparent, legal guardian, 36
136	141		grandparent, child, daughter-in-law, son-in-law, stepchild, grandchild, sibling, sister-in-law, 37
137	142		brother-in-law, spouse, or civil union partner of the private person. 38
138	143		(f) Any violation of this section shall be punished as a Class F felony." 39
139	144		SECTION 2.(b) This section becomes effective October 1, 2025, and applies to 40
140	145		transfers of firearms that occur on or after that date. 41
141	146		42
142	147		REENACT THE PISTOL PURCHASE PERMIT LAW 43
143	148		SECTION 3.(a) G.S. 14-402, 14-403, 14-404, 14-405, 14-407.1, 14-408.1, 44
144	149		14-315(b1)(1), and 122C-54(d2) are reenacted as they existed immediately prior to their repeal. 45
145	150		SECTION 3.(b) This section becomes effective October 1, 2025, and applies to 46
146	151		pistols sold, given away, transferred, purchased, or received on or after that date. 47
147	152		48
148	153		REQUIRE CERTIFICATION OF SAFE STORAGE OF FIREARMS BY PARENTS OR 49
149	154		GUARDIANS OF STUDENTS IN PUBLIC SCHOOLS 50 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~Senate Bill 633-First Edition~~
	155	+	Page 4 DRS15203-ML-83
151	156		SECTION 4.(a) Article 7B of Chapter 115C of the General Statutes is amended by 1
152	157		adding a new section to read: 2
153	158		"§ 115C-76.37. Public school unit policy on firearm safety. 3
154	159		Governing bodies of public school units shall establish a policy requiring parents or guardians 4
155	160		of a student to submit a form prior to the start of each school year certifying that any firearms in 5
156	161		the parent's or guardian's home are safely stored in the home." 6
157	162		SECTION 4.(b) This section is effective when it becomes law and applies beginning 7
158	163		with the 2025-2026 school year. 8
159	164		9
160	165		SAVINGS CLAUSE AND EFFECTIVE DATE 10
161	166		SECTION 5.(a) Prosecutions for offenses committed before the effective date of 11
162	167		this act are not abated or affected by this act, and the statutes that would be applicable but for 12
163	168		this act remain applicable to those prosecutions. 13
164	169		SECTION 5.(b) Except as otherwise provided, this act is effective when it becomes 14
165	170		law. 15