GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                    1

HOUSE BILL 310

 

 

Short Title:        Handgun Permit Modernization Act.

(Public)

Sponsors:

Representatives Jordan, Hastings, Brody, and Szoka (Primary Sponsors).

For a complete list of Sponsors, refer to the North Carolina General Assembly Web Site.

Referred to:

Rules, Calendar, and Operations of the House.

March 14, 2013

A BILL TO BE ENTITLED

AN ACT to modernize and ensure uniformity of concealed handgun permit applications.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑415.12(a)(3) reads as rewritten:

"(a)       The sheriff shall issue a permit to an applicant if the applicant qualifies under the following criteria:

(3)        The applicant does not suffer from a physical or mental infirmity that prevents the safe handling of a handgun.handgun, as determined by the National Instant Criminal Background Check System.

."

SECTION 2.  G.S. 14‑415.13(a) reads as rewritten:

"(a)       A person shall apply to the sheriff of the county in which the person resides to obtain a concealed handgun permit. The applicant shall submit to the sheriff all of the following:

(1)        An application, completed under oath, on a form provided by the sheriff. The sheriff shall not request information, character affidavits, additional background checks, photographs, or other information unless specifically required by this Article.

(2)        A nonrefundable permit fee.

(3)        A full set of fingerprints of the applicant administered by the sheriff.

(4)        An original certificate of completion of an approved course, adopted and distributed by the North Carolina Criminal Justice Education and Training Standards Commission, signed by the certified instructor of the course attesting to the successful completion of the course by the applicant which shall verify that the applicant is competent with a handgun and knowledgeable about the laws governing the carrying of a concealed handgun and the use of deadly force.

(5)        A release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any records concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified for a permit under the provisions of G.S. 14‑415.12. This provision does not prohibit submitting information related to involuntary commitment to the National Instant Criminal Background Check System (NICS)."

SECTION 3.  G.S. 14‑415.15 reads as rewritten:

"§ 14‑415.15.  Issuance or denial of permit.

(a)        Except as permitted under subsection (b) of this section, within 45 days after receipt of the items listed in G.S. 14‑415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit. The sheriff may conduct any investigation necessary to determine the qualification or competency of the person applying for the permit, including record checks.

(b)        Upon presentment to the sheriff of the items required under G.S. 14‑415.13 (a)(1), (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a person who the sheriff reasonably believes is in an emergency situation that may constitute a risk of safety to the person, the person's family or property. The applicant may submit proof of a protective order issued under G.S. 50B‑3 for the protection of the applicant as evidence of an emergency situation. The temporary permit may not be renewed and may be revoked by the sheriff without a hearing.

(c)        A person's application for a permit shall be denied only if the applicant fails to qualify under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant may appeal the denial, revocation, or nonrenewal of a permit by petitioning a district court judge of the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The determination by the court shall be final."

SECTION 4.  G.S. 14‑415.19 is amended by adding a new subsection to read:

"(c)       No fee other than those authorized under this section shall be charged any person for the application, renewal, or duplication of a permit issued under this Article, or for the cost of processing fingerprints, even if additional costs are incurred by the sheriff in processing the permit."

SECTION 5.  This act becomes effective October 1, 2013.