GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                     1

SENATE BILL 410

 

 

Short Title:        Enabling Heroes Act of 2013.		(Public)
Sponsors:	Senators Tarte, Randleman, Brock (Primary Sponsors); and Rabin.
Referred to:	Rules and Operations of the Senate.

March 26, 2013

A BILL TO BE ENTITLED

AN ACT to enhance the ability of lawful citizens of north carolina to protect themselves, children, and others from criminals and violent sociopaths by amending laws that prohibit carrying of concealed weapons and weapons on educational property.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑269 is repealed.

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

"§ 14‑269A.  Carrying concealed weapons.

No person shall carry concealed about his or her person any deadly weapon for any illegal purpose. Any person violating the provisions of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony."

SECTION 3.  G.S. 14‑269.2 reads as rewritten:

"§ 14‑269.2.  Weapons on campus or other educational property.

(a)        The following definitions apply to this section:

(1)        Educational property. – Any school building or bus, school campus, grounds, recreational area, athletic field, or other property owned, used, or operated by any board of education or school board of trustees, or directors for the administration of any school.school, excluding any property that is not used primarily for educational purposes.

(1a)      Employee. – A person employed by a local board of education or school whether the person is an adult or a minor.

(1b)      School. – A public or private school, community college, college, or university.

(2)        Student. – A person enrolled in a school or a person who has been suspended or expelled within the last five years from a school, whether the person is an adult or a minor.

(3)        Switchblade knife. – A knife containing a blade that opens automatically by the release of a spring or a similar contrivance.

(4)        Weapon. – Any device enumerated in subsection (b), (b1), or (d) of this section.

(b)        It shall be a Class I felony for any person knowingly to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property or to a curricular or extracurricular activity sponsored by a school. Unless the conduct is covered under some other provision of law providing greater punishment, any person who willfully discharges a firearm of any kind on educational property is guilty of a Class F felony. However, this subsection does not apply to a to any of the following:

(1)        A BB gun, stun gun, air rifle, or air pistol.

(2)        A person not participating in curricular or extracurricular events held at places other than educational property.

(b1)      It shall be a Class G felony for any person to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1, on educational property or to a curricular or extracurricular activity sponsored by a school. This subsection shall not apply to fireworks.

(c)        It shall be a Class I felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind on educational property. However, this subsection does not apply to a BB gun, stun gun, air rifle, or air pistol.

(c1)      It shall be a Class G felony for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any dynamite cartridge, bomb, grenade, mine, or powerful explosive as defined in G.S. 14‑284.1 on educational property. This subsection shall not apply to fireworks.

(d)        It shall be a Class 1 misdemeanor for any person to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

(e)        It shall be a Class 1 misdemeanor for any person to cause, encourage, or aid a minor who is less than 18 years old to possess or carry, whether openly or concealed, any BB gun, stun gun, air rifle, air pistol, bowie knife, dirk, dagger, slungshot, leaded cane, switchblade knife, blackjack, metallic knuckles, razors and razor blades (except solely for personal shaving), firework, or any sharp‑pointed or edged instrument except instructional supplies, unaltered nail files and clips and tools used solely for preparation of food, instruction, and maintenance, on educational property.

(f)         Notwithstanding subsection (b) of this section it shall be a Class 1 misdemeanor rather than a Class I felony for any person to possess or carry, whether openly or concealed, any gun, rifle, pistol, or other firearm of any kind, on educational property or to a curricular or extracurricular activity sponsored by a school if:

(1)        The person is not a student attending school on the educational property or an employee employed by the school working on the educational property; and

(1a)      The person is not a student attending a curricular or extracurricular activity sponsored by the school at which the student is enrolled or an employee attending a curricular or extracurricular activity sponsored by the school at which the employee is employed; and

(2)        Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

(3)        The firearm is not loaded, is in a motor vehicle, and is in a locked container or a locked firearm rack.

(4)        Repealed by Session Laws 1999‑211, s. 1, effective December 1, 1999, and applicable to offenses committed on or after that date.

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

(1)        A weapon used solely for educational or school‑sanctioned ceremonial purposes, or used in a school‑approved program conducted under the supervision of an adult whose supervision has been approved by the school authority.

(1a)      A person exempted by the provisions of G.S. 14‑269(b).

(2)        Firefighters, emergency service personnel, and North Carolina Forest Service personnel, and any private police employed by a school, when acting in the discharge of their official duties.

(3)        Home schools as defined in G.S. 115C‑563(a).

(4)        Weapons used for hunting purposes on the Howell Woods Nature Center property in Johnston County owned by Johnston Community College when used with the written permission of Johnston Community College or for hunting purposes on other educational property when used with the written permission of the governing body of the school that controls the educational property.

(5)        A person registered under Chapter 74C of the General Statutes as an armed armored car service guard or an armed courier service guard when acting in the discharge of the guard's duties and with the permission of the college or university.

(6)        A person registered under Chapter 74C of the General Statutes as an armed security guard while on the premises of a hospital or health care facility located on educational property when acting in the discharge of the guard's duties with the permission of the college or university.

(7)        A person who possesses or carries a handgun if the person has been issued a concealed handgun permit in accordance with Article 54B of this Chapter.

(8)        Officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons.

(9)        Civil and law enforcement officers of the United States.

(10)      Officers and soldiers of the militia and the National Guard when called into actual service.

(11)      Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties.

(12)      Any person who is a district attorney, an assistant district attorney, or an investigator employed by the office of a district attorney and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24; provided that the person shall not carry a concealed weapon at any time while in a courtroom or while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body. The district attorney, assistant district attorney, or investigator shall secure the weapon in a locked compartment when the weapon is not on the person of the district attorney, assistant district attorney, or investigator.

(13)      Any person who meets all of the following conditions:

a.         Is a qualified retired law enforcement officer as defined in G.S. 14‑415.10.

b.         Is the holder of a concealed handgun permit in accordance with Article 54B of this Chapter.

c.         Is certified by the North Carolina Criminal Justice Education and Training Standards Commission pursuant to G.S. 14‑415.26.

(1)        Detention personnel or correctional officers employed by the State or a unit of local government who park a vehicle in a space that is authorized for their use in the course of their duties may transport a firearm to the parking space and store that firearm in the vehicle parked in the parking space, provided that (i) the firearm is in a closed compartment or container within the locked vehicle or (ii) the firearm is in a locked container securely affixed to the vehicle.

(15)      Sworn law enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

(16)      State probation or parole certified officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

(h)        No person shall be guilty of a criminal violation of this section with regard to the possession or carrying of a weapon so long as both of the following apply:

(1)        The person comes into possession of a weapon by taking or receiving the weapon from another person or by finding the weapon.

(2)        The person delivers the weapon, directly or indirectly, as soon as practical to law enforcement authorities."

SECTION 4.  This act becomes effective December 1, 2013, and applies to offenses committed on or after that date.