Bill Text: NC H2031 | 2010 | Regular Session | Amended
Bill Title: No Seizure of Firearms in Emergency/Funds
Spectrum: Strong Partisan Bill (Republican 33-2)
Status: (Introduced - Dead) 2010-05-26 - Ref to the Com on Judiciary I, if favorable, Appropriations [H2031 Detail]
Download: North_Carolina-2010-H2031-Amended.html
GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H 1
HOUSE BILL 2031
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Short Title: No Seizure of Firearms in Emergency/Funds. |
(Public) |
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Sponsors: |
Representatives Hilton, Cleveland, Holloway, Gulley (Primary Sponsors); Avila, Blackwood, Blust, Boles, Brown, Burr, Burris‑Floyd, Dockham, Folwell, Frye, Gillespie, Guice, Howard, Hurley, Ingle, Killian, Langdon, McCormick, McElraft, Mills, Moore, Neumann, Randleman, Sager, Setzer, Spear, Starnes, Steen, Stevens, West, and Williams. |
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Referred to: |
Judiciary I, if favorable, Appropriations. |
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May 26, 2010
A BILL TO BE ENTITLED
AN ACT to clarify that the laws relating to declared states of emergency do not authorize the seizure of lawfully possessed firearms, ammunition, or ammunition components and do not authorize restrictions or prohibitions on the possession, transportation, sale, purchase, storage, or use of lawfully possessed firearms, ammunition, or ammunition components; and to appropriate funds to the community colleges system office for training law enforcement officers in the proper application of this act.
The General Assembly of North Carolina enacts:
SECTION 1. G.S. 166A‑3 reads as rewritten:
Nothing in this Article shall be construed to:
(1) Interfere with dissemination of news or comment on
public affairs; but any communications facility or organization, including but
not limited to radio and television stations, wire services, and newspapers,
may be requested to transmit or print public service messages furnishing
information or instructions in connection with an emergency, disaster or war;
orwar.
(2) Limit, modify or abridgemodify, or
abridge, except as provided in subdivision (3) of this section, the
authority of the Governor to proclaim martial law or exercise any other powers
vested in him under the Constitution, statutes, or common law of this State
independent of, or in conjunction with, any provisions of this Article.
(3) Authorize the taking, confiscation, or seizure of lawfully possessed firearms, ammunition, or ammunition components or authorize any restriction or prohibition on the possession, transportation, sale, purchase, storage, or use of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 2. Article 36A of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑288.1A. Limitation.
Nothing in this Article shall be construed to authorize, or to allow ordinances or other enactments that authorize (i) the taking, confiscation, or seizure of lawfully possessed firearms, ammunition, or ammunition components; or (ii) restricting or prohibiting the possession, transportation, sale, purchase, storage, or use of lawfully possessed firearms, ammunition, or ammunition components."
SECTION 3. G.S. 14‑288.7 reads as rewritten:
"§ 14‑288.7. Transporting dangerous weapon or substance during emergency; possessing off premises; exceptions.
(a) Except as otherwise provided in this section, it is unlawful for any person to transport or possess off his own premises any dangerous weapon or substance in any area:
(1) In which a declared state of emergency exists; or
(2) Within the immediate vicinity of which a riot is occurring.
(b) This section does not apply to persons exempted from the provisions of G.S. 14‑269 with respect to any activities lawfully engaged in while carrying out their duties.
(b1) This section does not apply to the transport or possession of lawfully possessed firearms, ammunition, or ammunition components.
(c) Any person who violates any provision of this section is guilty of a Class 1 misdemeanor."
SECTION 4. G.S. 14‑288.12(b) reads as rewritten:
"(b) The ordinances authorized by this section may permit prohibitions and restrictions:
(1) Of movements of people in public places, including directing and compelling the evacuation of all or part of the population from any stricken or threatened area within the governing body's jurisdiction, to prescribe routes, modes of transportation, and destinations in connection with evacuation; and to control ingress and egress of a disaster area, and the movement of persons within the area;
(2) Of the operation of offices, business establishments, and other places to or from which people may travel or at which they may congregate;
(3) Upon the possession, transportation, sale, purchase, and consumption of alcoholic beverages;
(4) Upon Subject to G.S. 14‑288.1A,
upon the possession, transportation, sale, purchase, storage, and use of
dangerous weapons and substances, and gasoline; and
(5) Upon other activities or conditions the control of which may be reasonably necessary to maintain order and protect lives or property during the state of emergency.
The ordinances may delegate to the mayor of the municipality the authority to determine and proclaim the existence of a state of emergency, and to impose those authorized prohibitions and restrictions appropriate at a particular time."
SECTION 5. There is appropriated from the General Fund to the Community Colleges System Office the sum of fifty thousand dollars ($50,000) for the 2010‑2011 fiscal year to provide continuing education for law enforcement officers in the circumstances under which a firearm may be seized during a declared state of emergency.
SECTION 6. Section 5 of this act becomes effective July 1, 2010. The remainder of this act is effective when it becomes law.
