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  • Final Version of SB 41

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    Steven Doyle
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    This bill allows concealed carry permit holders to carry firearms on school property outside of school operating hours if the property also contains a place of religious worship. It repeals pistol purchase permit requirements. It launches a two-year firearm safe storage public awareness initiative coordinated by the Department of Public Safety to educate the public and facilitate gun lock distribution through a website with resources and an outreach process.

    Original Description:

    This is the bill that Gov. Cooper vetoed but the Senate kept alive.

    Original Title

    Final version of SB 41

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    This bill allows concealed carry permit holders to carry firearms on school property outside of school operating hours if the property also contains a place of religious worship. It repeals pistol purchase permit requirements. It launches a two-year firearm safe storage public awareness initiative coordinated by the Department of Public Safety to educate the public and facilitate gun lock distribution through a website with resources and an outreach process.

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    © All Rights Reserved
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    135K views3 pages

    Final Version of SB 41

    Uploaded by

    Steven Doyle
    This bill allows concealed carry permit holders to carry firearms on school property outside of school operating hours if the property also contains a place of religious worship. It repeals pistol purchase permit requirements. It launches a two-year firearm safe storage public awareness initiative coordinated by the Department of Public Safety to educate the public and facilitate gun lock distribution through a website with resources and an outreach process.

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    of 3

    GENERAL ASSEMBLY OF NORTH CAROLINA

    SESSION 2023

    SENATE BILL 41
    RATIFIED BILL

    AN ACT TO AUTHORIZE CONCEALED CARRY PERMIT HOLDERS TO CARRY


    FIREARMS ON CERTAIN SCHOOL PROPERTY AT CERTAIN TIMES AND TO
    AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT
    FACILITY EMPLOYEES, TO REPEAL PISTOL PURCHASE PERMITS, AND TO
    LAUNCH A STATEWIDE FIREARM SAFE STORAGE AWARENESS INITIATIVE TO
    EDUCATE THE PUBLIC ABOUT THE IMPORTANCE OF THE SAFE STORAGE OF
    FIREARMS AND TO FACILITATE THE DISTRIBUTION OF GUN LOCKS.

    The General Assembly of North Carolina enacts:

    PART I. PROTECT RELIGIOUS MEETING PLACES


    SECTION 1.(a) G.S. 14-269.2(a) is amended by adding a new subdivision to read:
    "(1c) School operating hours. – Any time when any of the following occur:
    a. The premises are being used for curricular or extracurricular activities.
    b. The premises are being used for educational, instructional, or
    school-sponsored activities.
    c. The premises are being used for programs for minors by entities not
    affiliated with the religious institution."
    SECTION 1.(b) G.S. 14-269.2 is amended by adding a new subsection to read:
    "(k1) For the purposes of this subsection, property owned by a local board of education or
    county commission shall not be construed as a building that is a place of religious worship as
    defined in G.S. 14-54.1. The provisions of this section shall not apply to a person who has a
    concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from
    obtaining a permit pursuant to that Article, if all of the following conditions apply:
    (1) The person possesses and carries a handgun on educational property other than
    an institution of higher education as defined by G.S. 116-143.1 or a nonpublic,
    postsecondary educational institution.
    (2) The educational property is the location of both a school and a building that is
    a place of religious worship as defined in G.S. 14-54.1.
    (3) The weapon is a handgun.
    (4) The handgun is only possessed and carried on educational property outside of
    the school operating hours.
    (5) The person or persons in legal possession or control of the premises have not
    posted a conspicuous notice prohibiting the carrying of a concealed handgun
    on the premises in accordance with G.S. 14-415.11(c)."
    SECTION 1.(c) G.S. 14-415.11(c) 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:
    (1) Areas prohibited by G.S. 14-269.2, 14-269.3, and 14-277.2.except as allowed
    under G.S. 14-269.2(k1).
    (1a) Areas prohibited by G.S. 14-269.3 and G.S. 14-277.2.
    …."

    *S41-v-3*
    SECTION 1.(d) G.S. 14-415.27 reads as rewritten:
    "§ 14-415.27. Expanded permit scope for certain persons.
    Notwithstanding G.S. 14-415.11(c), any of the following persons who has a concealed
    handgun permit issued pursuant to this Article or that is considered valid under G.S. 14-415.24
    is not subject to the area prohibitions set out in G.S. 14-415.11(c) and may carry a concealed
    handgun in the areas listed in G.S. 14-415.11(c) unless otherwise prohibited by federal law:
    …
    (10) For only a law enforcement facility covered under G.S. 14-415.11(c)(5), a
    person employed by a law enforcement agency who (i) is not a law
    enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C
    or 17E of the General Statutes, (ii) has been designated in writing by the head
    of the law enforcement agency in charge of the facility, (iii) has in the person's
    possession written proof of the designation, and (iv) has not had the
    designation rescinded by the head of the law enforcement agency in charge of
    the facility. Nothing in this subdivision shall be construed as prohibiting the
    head of the law enforcement agency in charge of a facility from rescinding
    any written designation described in this subdivision."
    SECTION 1.(e) Subsection (d) of this section becomes effective July 1, 2023, and
    applies to offenses committed on or after that date. The remainder of this section becomes
    effective December 1, 2023.

    PART II. REPEAL PISTOL PURCHASE PERMITS


    SECTION 2.(a) G.S. 14-402 through G.S. 14-405 and G.S. 14-407.1 are repealed.
    SECTION 2.(b) G.S. 14-315(b1)(1) is repealed.
    SECTION 2.(c) G.S. 122C-54(d2) is repealed.
    SECTION 2.(d) Prosecutions for offenses committed before the effective date of
    this section are not abated or affected by this section, and the statutes that would be applicable
    but for this section remain applicable to those prosecutions.
    SECTION 2.(e) This section is effective when it becomes law and applies to pistols
    sold, given away, transferred, purchased, or received on or after that date.

    PART III. FIREARM SAFE STORAGE AWARENESS INITIATIVE


    SECTION 3.(a) Firearm Safe Storage Awareness Initiative. – The Department of
    Public Safety (Department), in collaboration with the Department of Health and Human Services
    and the Wildlife Resources Commission (Commission), shall launch a two-year statewide
    firearm safe storage awareness initiative to educate the public about the importance of the safe
    storage of firearms and to facilitate the distribution of gun locks. The initiative required under
    this section shall include the development of (i) the website and toolkit required under subsection
    (b) of this section and (ii) the outreach process required under subsection (c) of this section.
    SECTION 3.(b) Development of Website and Toolkit. – The Department shall
    develop a website to provide information to the public about (i) the importance of the safe storage
    of a firearm, especially with respect to access by children and youth, (ii) methods for safely
    storing a firearm, (iii) contact information for obtaining free gun locks, if available, (iv)
    information on State laws related to the safe storage of firearms, (v) links to webpages for various
    resources related to firearm safety such as resources addressing domestic violence, hunter
    education, and suicide prevention, and (vi) access to a toolkit of information that local
    communities may use to launch firearm safe storage initiatives at the local level. The toolkit shall
    provide materials and resources that may be tailored to a community's needs and used for
    launching local education and awareness campaigns, events, and local groups focused on firearm
    safe storage and the distribution of free or discounted gun locks. The website and toolkit required
    under this section shall be developed by July 1, 2024.

    Page 2 Senate Bill 41-Ratified


    SECTION 3.(c) Development of State-Coordinated Outreach. – Upon development
    of the website and toolkit required under subsection (b) of this section, the Department shall
    develop and implement an outreach process for disseminating the information and toolkit
    described in subsection (b) of this section to the public and to local communities, as well as the
    provision of technical assistance to local communities to assist them in utilizing the toolkit to
    launch local initiatives.
    SECTION 3.(d) Use of Third-Party Entity. – The Department may contract with a
    third-party entity with relevant expertise related to public health and injury prevention to launch
    the firearm safe storage awareness initiative required under subsection (a) of this section.
    SECTION 3.(e) Prohibition on Advocacy. – The firearm safe storage awareness
    initiative required under subsection (a) of this section and any State funds used to launch and
    maintain the initiative shall not be used to advocate, promote, or lobby for the creation of new or
    the revision of existing laws regulating firearms. The firearm safe storage awareness initiative
    and any State funds used to launch or maintain the initiative shall only be used for the purposes
    set forth in subsections (b) through (d) of this section and only to explain and promote existing
    laws regulating firearms and best practices for firearm storage and safety.
    SECTION 3.(f) Report. – The Department of Public Safety, in collaboration with
    the Department of Health and Human Services and the Wildlife Resources Commission, shall
    submit a report to the Joint Legislative Oversight Committee on Health and Human Services
    detailing the progress in meeting the requirements set forth in subsection (a) of this section. The
    report required under this subsection shall be submitted by September 1, 2024.
    SECTION 3.(g) This section becomes effective July 1, 2023.

    PART IV. EFFECTIVE DATE


    SECTION 4. Except as otherwise provided, this act is effective when it becomes
    law.
    In the General Assembly read three times and ratified this the 16th day of March, 2023.

    s/ Phil Berger
    President Pro Tempore of the Senate

    s/ Tim Moore
    Speaker of the House of Representatives

    _____________________________________
    Roy Cooper
    Governor

    Approved __________.m. this ______________ day of ___________________, 2023

    Senate Bill 41-Ratified Page 3

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