A BILL TO BE ENTITLED
AN ACT to protect a person's right to carry a concealed handgun without a permit and to continue allowing persons to acquire a concealed handgun permit for the purposes of reciprocity or for any other reason desired.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 14‑269 reads as rewritten:
"§ 14‑269.  Carrying concealed weapons.
(a)	Except as otherwise provided by law, it is unlawful for any person willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises. For purposes of this section, the term "weapon" does not include a firearm.

	

(a3)	Some of the exceptions listed in subsection (b) of this section include a condition that the person have a concealed handgun permit. In those circumstances a person must still have a concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General Statutes or considered valid under G.S. 14‑415.24 to qualify as an exception.
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(b1)	It is a defense to a prosecution under this section that:
	
(2)	The defendant was engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon;
(3)	The defendant possessed the weapon for that legitimate use; and
(4)	The defendant did not use or attempt to use the weapon for an illegal purpose.
The burden of proving this defense is on the defendant.

	
	
(c)	Except as otherwise provided by law, any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor.
…."
SECTION 2.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
"Article 54C.
"Carrying Concealed Handguns.
"§ 14‑415.35.  Carrying concealed handguns.
(a)	Carrying Concealed Handgun. – Any person who is a citizen of the United States and is at least 18 years old may carry a concealed handgun in this State unless provided otherwise by law.
(b)	Offense. – It is unlawful for a person who meets any of the following criteria to carry a concealed handgun:
(1)	Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.
(2)	Is under indictment for a felony.
(3)	Has been adjudicated guilty in any court of a felony, unless (i) the felony is an offense that pertains to antitrust violations, unfair trade practices, restraints of trade, or other similar offenses related to the regulation of business practices or (ii) the person's firearms rights have been restored pursuant to G.S. 14‑415.4 or have been restored in another state pursuant to the laws of that state.
(4)	Is a fugitive from justice.
(5)	Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(6)	Is currently or has been previously adjudicated by a court to be lacking mental capacity or mentally ill. Receipt of previous consultative services or outpatient treatment alone shall not disqualify any citizen under this subdivision.
(7)	Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.
(8)	Except as provided in subdivision (9), (10), or (11) of this subsection, is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including, but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes except for a violation of G.S. 14‑33(a), or a violation of a misdemeanor under G.S. 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.6, 14‑277, 14‑277.1, 14‑283 except for a violation involving fireworks exempted under G.S. 14‑288.2, 14‑288.4(a)(1), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑414, 14‑415.21(b), 14‑415.26(d) within three years prior to the date on which the application is submitted, 14‑415.36, 14‑415.37, 14‑415.38, or 14‑415.39.
(9)	Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor under G.S. 14‑33(c)(1), 14‑33(c)(2), 14‑33(c)(3), 14‑33(d), 14‑134.3, 14‑277.3A, 14‑318.2, 50B‑4.1, or former G.S. 14‑277.3.
(10)	Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a result of a conviction of a misdemeanor crime of domestic violence.
(11)	Has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.
(12)	Has had entry of a prayer for judgment continued for a criminal offense that would make it unlawful under this section for the person to carry a concealed weapon.
(13)	Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime that would make it unlawful under this section for the person to carry a concealed weapon.
(14)	Has been convicted of an impaired driving offense under G.S. 20‑138.1, 20‑138.2, or 20‑138.3 within three years prior to the date on which the person is carrying the weapon.
(c)	Valid Identification Required; Disclosure to Law Enforcement Officer When Carrying Concealed. – When carrying a concealed handgun, a person shall also carry valid identification and shall disclose to any law enforcement officer that the person is carrying a concealed handgun when approached or addressed by the officer and shall display the proper identification upon the request of a law enforcement officer.
(d)	Penalty. – Any person who violates subsection (b) of this section is guilty of a Class 2 misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent offense. Any person who violates subsection (c) of this section commits an infraction and shall be punished in accordance with G.S. 14‑3.1.
"§ 14‑415.36.  Unlawful to carry a concealed weapon into certain areas.
(a)	It is unlawful to carry a concealed weapon into the following areas unless provided otherwise by law:
(1)	In an area prohibited by rule adopted under G.S. 120‑32.1.
(2)	In any area prohibited by 18 U.S.C. § 922 or any other federal law.
(3)	In a law enforcement or correctional facility.
(4)	On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.
(b)	This section shall not apply to any person listed in G.S. 14‑415.41.
(c)	A violation of this section is a Class 1 misdemeanor."
SECTION 3.  G.S. 14‑269.3 reads as rewritten:
"§ 14‑269.3.  Carrying weapons into assemblies and establishments where alcoholic beverages are sold and consumed.
(a)	It shall be unlawful for any person to carry any gun, rifle, or pistol into any assembly where a fee has been charged for admission thereto, or into any establishment in which alcoholic beverages are sold and consumed. Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor.
(b)	This section shall not apply to any of the following:
(1)	A person exempted from the provisions of G.S. 14‑269.
(2)	The owner or lessee of the premises or business establishment.
(3)	A person participating in the event, if the person is carrying a gun, rifle, or pistol with the permission of the owner, lessee, or person or organization sponsoring the event.
(4)	A person registered or hired as a security guard by the owner, lessee, or person or organization sponsoring the event.
(5)	A person carrying a concealed handgun. This subdivision shall not be construed to permit a person to carry a handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c)."
SECTION 4.  G.S. 14‑269.4 reads as rewritten:
"§ 14‑269.4.  Weapons on certain State property and in courthouses.
It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.
This section shall not apply to any of the following:
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(6)	A person carrying a concealed handgun who has a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.
(7)	Any person who carries or possesses an ordinary pocket knife, as defined in G.S. 14‑269(d), carried in a closed position into the State Capitol Building or on the grounds of the State Capitol Building.
Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."
SECTION 5.  G.S. 14‑277.2 reads as rewritten:
"§ 14‑277.2.  Weapons at parades, etc., prohibited.
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(d)	The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession. This subsection shall not be construed to permit a person to carry a concealed handgun on any premises where the person in legal possession or control of the premises has posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c)."
SECTION 6.  G.S. 14‑269.1 reads as rewritten:
"§ 14‑269.1.  Confiscation and disposition of deadly weapons.
Upon conviction of any person for violation of G.S. 14‑269, G.S. 14‑269.7, G.S. 14‑415.35(b), or any other offense involving the use of a deadly weapon, including a firearm, the deadly weapon with reference to which the defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding judge at the trial in one of the following ways in the discretion of the presiding judge.
…."
SECTION 7.  G.S. 14‑269.2 reads as rewritten:
"§ 14‑269.2.  Weapons on campus or other educational property.
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(i)	The provisions of this section shall not apply to an employee of an institution of higher education as defined in G.S. 116‑143.1 or a nonpublic post‑secondary educational institution who resides on the campus of the institution at which the person is employed when all of the following criteria are met:
(1)	The employee's residence is a detached, single‑family dwelling in which only the employee and the employee's immediate family reside.
(2)	The institution is either:
a.	An institution of higher education as defined by G.S. 116‑143.1.
b.	A nonpublic post‑secondary educational institution that has not specifically prohibited the possession of a handgun pursuant to this subsection.
(3)	The weapon is a handgun.
(4)	
	The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the institution at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.
	
(j)	The provisions of this section shall not apply to an employee of a public or nonpublic school who resides on the campus of the school at which the person is employed when all of the following criteria are met:
(1)	The employee's residence is a detached, single‑family dwelling in which only the employee and the employee's immediate family reside.
(2)	The school is either:
a.	A public school which provides residential housing for enrolled students.
b.	A nonpublic school which provides residential housing for enrolled students and has not specifically prohibited the possession of a handgun pursuant to this subsection.
(3)	The weapon is a handgun.
(4)	
	The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the school at which the person is employed and resides. Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle. The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.
	
(k)	The provisions of this section shall not apply to a person when any of the following conditions are met:
(1)	The person has a handgun in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle and only unlocks the vehicle to enter or exit the vehicle while the firearm remains in the closed compartment at all times and immediately locks the vehicle following the entrance or exit.
(2)	The person has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person.
(3)	The person is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to do either of the following:
a.	Move the handgun from concealment on the person to a closed compartment or container within the vehicle.
b.	Move the handgun from within a closed compartment or container within the vehicle to concealment on the person.
…."
SECTION 8.  G.S. 14‑401.24 reads as rewritten:
"§ 14‑401.24.  Unlawful possession and use of unmanned aircraft systems.
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(c)	The following definitions apply to this section:
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(5)	Weapon. – Those weapons specified in G.S. 14‑269, 14‑269.2, 14‑284.1, or 14‑288.8 and any other object, including a firearm, capable of inflicting serious bodily injury or death when used as a weapon.
…."
SECTION 9.  G.S. 14‑409.40 reads as rewritten:
"§ 14‑409.40.  Statewide uniformity of local regulation.
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(f)	Nothing contained in this section prohibits municipalities or counties from application of their authority under G.S. 153A‑129, 160A‑189, 14‑269, 14‑269.2, 14‑269.3, 14‑269.4, 14‑277.2, 14‑415.11, 14‑415.23, 14‑415.35, including prohibiting the possession of firearms in public‑owned buildings, on the grounds or parking areas of those buildings, or in public parks or recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this section prohibits municipalities or counties from exercising powers provided by law in states of emergency declared under Article 1A of Chapter 166A of the General Statutes.
…."
SECTION 10.  G.S. 14‑415.4 reads as rewritten:
"§ 14‑415.4.  Restoration of firearms rights.
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(e)	Disqualifiers Requiring Denial of Petition. – The court shall deny the petition to restore the firearms rights of any petitioner if the court finds any of the following:
(1)	The petitioner is ineligible to purchase, own, possess, or have in the person's custody, care, or control a firearm under the provisions of any law in North Carolina other than G.S. 14‑415.1.
(2)	The petitioner is under indictment for a felony.
(3)	The petitioner is a fugitive from justice.
(4)	The petitioner is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C. § 802.
(5)	The petitioner is or has been dishonorably discharged from the Armed Forces of the United States.
(6)	The petitioner is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, former 14‑288.12, former 14‑288.13, former 14‑288.14, 14‑288.20A, 14‑318.2, 14‑415.21(b), or 14‑415.26(d), or a substantially similar out‑of‑state or federal offense.
…."
SECTION 11.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑415.10A.  Purpose.
While G.S. 14‑415.35 makes it lawful to carry a concealed weapon in this State without obtaining a concealed handgun permit, it is often convenient to have a concealed handgun permit for the purpose of reciprocity when traveling in another state, to make the purchase of a firearm more efficient, or for various other reasons. Therefore, the State of North Carolina shall continue to make a concealed handgun permit available to any person who applies for and is eligible to receive a concealed handgun permit pursuant to this Article."
SECTION 12.  G.S. 14‑415.11(a) reads as rewritten:
"(a)	Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry the permit together with valid identification whenever the person is carrying a concealed handgun, shall disclose to any law enforcement officer that the person holds a valid permit and is carrying a concealed handgun when approached or addressed by the officer, and shall display both the permit and the proper identification upon the request of a law enforcement officer."
SECTION 13.  G.S. 14‑415.22 is repealed.
SECTION 14.  G.S. 74E‑6 reads as rewritten:
"§ 74E‑6.  Oaths, powers, and authority of company police officers.
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(c)	All Company Police. – Company police officers, while in the performance of their duties of employment, have the same powers as municipal and county police officers to make arrests for both felonies and misdemeanors and to charge for infractions on any of the following:
(1)	Real property owned by or in the possession and control of their employer.
(2)	Real property owned by or in the possession and control of a person who has contracted with the employer to provide on‑site company police security personnel services for the property.
(3)	Any other real property while in continuous and immediate pursuit of a person for an offense committed upon property described in subdivisions (1) or (2) of this subsection.
Company police officers shall have, if duly authorized by the superior officer in charge, the authority to carry concealed weapons pursuant to and in conformity with G.S. 14‑269(b)(4) and (5) and G.S. 14‑415.35.
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SECTION 15.  G.S. 74G‑6 reads as rewritten:
"§ 74G‑6.  Oaths, powers, and authority of campus police officers.
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(d)	Concealed Weapons. – Campus police officers shall have, if duly authorized by their campus police agency and by the sheriff of the county in which the campus police agency is located, the authority to carry concealed weapons pursuant to and in conformity with G.S. 14‑269(b) and G.S. 14‑415.35.
…."
SECTION 16.  G.S. 113‑136 reads as rewritten:
"§ 113‑136.  Enforcement authority of inspectors and protectors; refusal to obey or allow inspection by inspectors and protectors.
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(d)	Inspectors and protectors are additionally authorized to arrest without warrant under the terms of G.S. 15A‑401(b) for felonies, for breaches of the peace, for assaults upon them or in their presence, and for other offenses evincing a flouting of their authority as enforcement officers or constituting a threat to public peace and order which would tend to subvert the authority of the State if ignored. In particular, they are authorized, subject to the direction of the administrative superiors, to arrest for violations of G.S. 14‑223, 14‑225, 14‑269, 14‑277, and 14‑415.35.
…."
SECTION 17.  This act becomes effective December 1, 2021.