The following analysis of House Bill 650 is from Grass Roots North Carolina (GRNC). I want to extend my thanks to this organization dedicated to preserving our rights under the 2nd amendment and encourage our readers to support this organization.
David DeGerolamo
WHAT HB 650 MEANS FOR YOU
With HB 650 signed by the Governor and scheduled to become law on December 1, congratulations are due to all who responded to GRNC alerts by calling and e-mailing the NC General Assembly. Thanks are also due volunteers of the Legislative Action Team for many hours spent at the legislature, our Director and Co-Director of Communications for dozens of alerts, often sent with little notice, to our Webmaster for alerts promptly posted, to gun show volunteers for alerts distributed to thousands of gun owners and to all others who helped win this crucial victory. Once again, you have demonstrated the value of an all-volunteer organization in defending our rights.
Like other gun bills this session, HB 650 went through multiple versions, meaning that if you read it, you need to ensure you are reading the correct version. The one signed by the governor may be found at:
http://www.ncga.state.nc.us/Sessions/2011/Bills/House/PDF/H650v6.pdf
Section 1: Thanks largely to the diligence of Rep. Hilton and Sen. Newton, we got a fairly strong version of Castle Doctrine. A few of the main points:
•Legal presumption of “reasonable fear of imminent death or great bodily harm” if the perpetrator makes a “forcible and unlawful” entry into a home, vehicle or workplace. While a few other states cover vehicles, few if any cover workplaces. Note: This presumption is “rebuttable” in court. While that might seem like a weakening amendment, it is likely to help us by ensuring the law isn’t used with criminal intent. Among cases in which the presumption does not apply are against lawful resident of the dwelling, guardians of minors removing them from the premises, and intruders who are attempting to flee.
•Immunity from civil or criminal liability in cases of a justifiable use of deadly force.
•No duty to retreat in any place you have a lawful right to be.
It should be noted that Castle Doctrine does not apply if the “defender” provokes the use of force (with some exceptions) or if the person against whom force is used is a law enforcement officer or bail bondsman in the performance of his or her duties.
Section 2: Repeals old castle language which applied only in the home and which is now replaced with more expansive Castle Doctrine.
Section 3: Establishes or expands concealed carry for district attorneys, retired law officers and, to a limited extent, correctional officers. GRNC did not advocate this section, but did not oppose it as a “sweetener” to facilitate passage of the overall bill.
Section 4: Exempts from criminal prosecution people who accidentally bring guns onto educational property by adding “knowingly” to the requirement to be convicted of a Class I felony.
Section 5: Slightly modifies gun laws in and around courthouses. Most important to gun owners is an exemption allowing concealed handgun permit-holders to keep firearms in closed containers within locked vehicles.
Section 6: Reduces chances of minors becoming “accidental criminals” by adding “willfully and intentionally” to the prohibition on possession of handguns by minors.
Section 7: Changes flaw in current prohibition on possession of firearms by people under “50B orders” (domestic protective orders) such that although the prohibition on possession still exists, ownership is now within the law.
Sections 8 & 9: Resolves conflict between NC statutes with respect to ownership of Title II firearms regulated by the National Firearms Act of 1934. Aligns NC law with 26 US Code.
Section 10: Adds additional identification requirements to existing law under which law enforcement officers purchasing duty weapons are exempt from handgun purchase permit statute.
Section 11: Makes it a crime to provide materially false information when purchasing a firearm, such as done during New York Mayor Michael Bloomberg’s “sting” operations in other states.
Section 12: Brings NC law into compliance with federal law by allowing North Carolinians to purchase rifles and shotguns in other states, including non-contiguous states.
Section 13: Adds people who have received pardons to list of felons who may have gun rights restored.
Section 14: Makes technical and conforming changes to support other sections.
Section 15: Limits use of medical/mental health history data collected by sheriffs as part of concealed handgun applications.
Section 16: Makes minor change to concealed handgun permit application.
Section 17: Shortens concealed handgun permit application period from 90 days to 45 days provided mental health checks are complete.
Section 18: Deletes finger print requirement for renewal of concealed handgun permits.
Section 19: Removes social security numbers from concealed handgun permits.
Section 20: Makes technical changes to prohibitions on duplicating or altering concealed handgun permits.
Section 21(a): Reduces penalty for minor transgressions regarding permits (e.g. failure to have a permit on your person while carrying concealed) from, in some cases, Class 2 misdemeanors to infractions.
Section 21(b): Amends statewide firearms preemption such that local governments may still ban firearms “on local government buildings and their appurtenant premises,” but may no longer ban firearms in parks. Due to the weakening amendment made by Rep. David Guice, a local government may still ban firearms in specifically named “recreational facilities” (defined as playgrounds, athletic fields, swimming pools, and athletic facilities), but gun owners may still keep firearms in enclosed compartments within motor vehicles.
Section 22(a): Improves concealed handgun reciprocity to a straight recognition law wherein any concealed handgun permit issued in another state is valid in North Carolina.
Section 22(b): Expands concealed carry for district attorneys to a broad range of areas not normally legal for permit-holders.
Section 23: Amends firearms surrender for individuals under domestic 50B (protective) orders such that although the individual still may not possess firearms, legal ownership is no longer prohibited.
Section 24: Amends G.S. 50B to remove ownership from crimes punishable as a Class H felony.
Section 25: Enables legislators and staff to keep firearms in vehicles on state-owned parking lots. Again, GRNC does not support privileges for elite groups, but did not oppose the measure in the interest of getting the whole bill passed.
