GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

S                                                                                                                                                    D

SENATE DRS15199-LH-51  (01/31)

 

 

 

Short Title:        Gun Privacy.		(Public)
Sponsors:	Senators Tucker and Meredith (Primary Sponsors).
Referred to:

 

A BILL TO BE ENTITLED

AN ACT to provide that the list of persons who obtain a permit to purchase a pistol or a concealed handgun permit and the identifying information regarding those persons is confidential and is not a public record.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑405 reads as rewritten:

"§ 14‑405.  Record of permits kept by sheriff.sheriff; confidentiality of records.

(a)        The sheriff shall keep a book, to be provided by the board of commissioners of each county, in which he shall keep a record of all licenses or permits issued under this article, including the name, date, place of residence, age, former place of residence, etc., of each such person, firm, or corporation to whom or which a license or permit is issued.

(b)        The records maintained by the sheriff pursuant to this section are confidential and are not a public record as defined by G.S. 132‑1; provided, however, that the sheriff shall make the records available upon request to all State and local law enforcement officers. Any records made or received by State or local law enforcement officers pursuant to this section are confidential and are not a public record as defined in G.S. 132‑1."

SECTION 2.  G.S. 14‑406 reads as rewritten:

"§ 14‑406.  Dealer to keep record of sales.sales; confidentiality of records.

(a)        Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State. Except as provided otherwise by this section, the records maintained by a dealer pursuant to this section are confidential and are not a public record as defined by G.S. 132‑1. Any records made or received by a State, county, or police officer pursuant to this section are confidential and are not a public record as defined by G.S. 132‑1.

(b)        Repealed by Session Laws 2011‑56, s. 3, effective April 28, 2011."

SECTION 3.  G.S. 14‑415.17 reads as rewritten:

"§ 14‑415.17.  Permit; sheriff to retain and make available to law enforcement agencies a list of permittees.permittees; confidentiality of permit list and identifying information of permittees.

(a)        The permit shall be in a certificate form, as prescribed by the Administrative Office of the Courts, that is approximately the size of a North Carolina drivers license. It shall bear the signature, name, address, date of birth, and the drivers license identification number used in applying for the permit.

(b)        The sheriff shall maintain a listing, including the identifying information, of those persons who are issued a permit. The permit information shall be available upon request to all State and local law enforcement agencies. Within five days of the date a permit is issued, the sheriff shall send a copy of the permit to the State Bureau of Investigation. The State Bureau of Investigation shall make this information available to law enforcement officers and clerks of court on a statewide system.

(c)        The list of persons issued a permit and identifying information regarding those persons that are maintained by the sheriff, the State Bureau of Investigation, and the clerks of court pursuant to this section are confidential and are not a public record as defined by G.S. 132‑1. Any list of persons issued a permit and identifying information regarding those persons that are made or received by a State or local law enforcement agency and clerks of court pursuant to this section are confidential and are not a public record as defined by G.S. 132‑1."

SECTION 4.  This act becomes effective October 1, 2013.