GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

H                                                                                                                                                    1

HOUSE BILL 836

 

 

Short Title:      No Concealed Gun on Private Prop/Posting Reg.		(Public)
Sponsors:	Representatives Grange, R. Turner, and Hardister (Primary Sponsors). For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to:	Judiciary I

April 13, 2017

A BILL TO BE ENTITLED

AN ACT to set minimum requirements for notices posted on private property to prohibit the carrying of concealed handguns on the property.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑415.11(c)(8) reads as rewritten:

"(c)      Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:

…

(8)        On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice that complies with the posting requirements under G.S. 14‑269.5 or statement by the person in legal possession or control of the premises."

SECTION 2.  Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑269.5.  Regulations as to posting private property to prohibit concealed handguns on the property.

(a)        For purposes of posting private property to prohibit the carrying of a concealed handgun, the person who owns or is in legal control of private premises shall post notice that meets at a minimum the following requirements:

(1)        The notice shall be written and displayed in a conspicuous manner that is clearly visible to the public at all access points.

(2)        The notice shall state the following in English and Spanish in contrasting block letters at least one inch in height:

 

NO PERSON MAY ENTER THIS PROPERTY WITH A CONCEALED HANDGUN.

 

(b)        Failure to post private property as required by this section is an infraction as defined in G.S. 14‑3.1. Any court with jurisdiction for the adjudication and disposition of an infraction under this section may also assess a civil penalty not to exceed two hundred dollars ($200.00). The clear proceeds of the civil penalties shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2."

SECTION 3.  G.S. 14‑269.3(b)(5) reads as rewritten:

"(b)      This section shall not apply to any of the following:

…

(5)        A person carrying a handgun if the person has a valid concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S. 14‑415.24, or is exempt from obtaining a permit pursuant to G.S. 14‑415.25. 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. 14‑269.5 and G.S. 14‑415.11(c)."

SECTION 4.  G.S. 14‑277.2(d) reads as rewritten:

"(d)      The provisions of this section shall not apply to concealed carry of a handgun at a parade or funeral procession by a person with a valid permit issued in accordance with Article 54B of this Chapter, with a permit considered valid under G.S. 14‑415.24, or who is exempt from obtaining a permit pursuant to G.S. 14‑415.25. 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. 14‑269.5 and G.S. 14‑415.11(c)."

SECTION 5.  This act becomes effective December 1, 2017, and applies to violations committed on or after that date.