GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2017

S                                                                                                                                                     1

SENATE BILL 465

 

 

Short Title:      Courthouse Concealed Carry/Elected Officials.		(Public)
Sponsors:	Senators J. Davis (Primary Sponsor);  Brock, Hise, Rabin, and Sanderson.
Referred to:	Rules and Operations of the Senate

March 30, 2017

A BILL TO BE ENTITLED

AN ACT to allow certain elected officials to carry A concealed WEAPON in Government buildings containing courthouses.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑269.4 reads as rewritten:

"§ 14‑269.4.  Weapons on certain State property and in courthouses.

It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.

This section shall not apply to any of the following:

(1)        Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997.

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

(2)        through (4) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997,

(4a)      Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law‑enforcement agency, or for purposes of registration.

(4b)      Any district court judge or superior court judge who carries or possesses a concealed handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge his or her official duties and the judge has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(4c)      Firearms in a courthouse, carried by detention officers employed by and authorized by the sheriff to carry firearms.

(4d)     Any magistrate who carries or possesses a concealed handgun in any portion of a building housing a court of the General Court of Justice other than a courtroom itself unless the magistrate is presiding in that courtroom, if the magistrate (i) is in the building to discharge the magistrate's official duties, (ii) has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24, (iii) has successfully completed a one‑time weapons retention training substantially similar to that provided to certified law enforcement officers in North Carolina, and (iv) secures the weapon in a locked compartment when the weapon is not on the magistrate's person.

(4e)      Any person who is a mayor, member of a board of county commissioners, or member of a city council who carries or possesses a concealed handgun in any portion of a building housing a court of the General Court of Justice other than a courtroom itself if the person is in the building to discharge the person's official duties and has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(5)        State‑owned rest areas, rest stops along the highways, and State‑owned hunting and fishing reservations.

(6)        A person with a 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, who has a firearm in a closed compartment or container within the person's locked vehicle or in a locked container securely affixed to the person's vehicle. A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

(7)        Any person who carries or possesses an ordinary pocket knife, as defined in G.S. 14‑269(d), carried in a closed position into the State Capitol Building or on the grounds of the State Capitol Building.

Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."

SECTION 2.  G.S. 14‑415.11 reads as rewritten:

"§ 14‑415.11.  Permit to carry concealed handgun; scope of permit.

…

(c)        Except as provided in subsection (c4) of this section, or 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.

(2)        Areas prohibited by G.S. 14‑269.4, except as allowed under G.S. 14‑269.4(6).

(3)        In an area prohibited by rule adopted under G.S. 120‑32.1.

(4)        In any area prohibited by 18 U.S.C. § 922 or any other federal law.

(5)        In a law enforcement or correctional facility.

(6)        In a building housing only State or federal offices.

(7)        In an office of the State or federal government that is not located in a building exclusively occupied by the State or federal government.

(8)        On any private premises where notice that carrying a concealed handgun is prohibited by the posting of a conspicuous notice or statement by the person in legal possession or control of the premises.

…

(c4)      Notwithstanding subsection (c) of this section, a person who is a mayor, member of a board of county commissioners, or member of a city council who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 may carry a concealed handgun in (i) the areas prohibited by G.S. 14‑269.4, to the extent allowed in G.S. 14‑269.4(4e), and (ii) areas prohibited by subdivision (6) or (7) of subsection (c) of this section when the building is a State building with a courthouse, provided the person is in the prohibited area to discharge the person's official duties, and the person does not carry the concealed handgun into a courtroom.

…."

SECTION 3.  This act becomes effective December 1, 2017, and applies to offenses committed on or after that date. Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.