GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2009
H D
HOUSE DRH11092-MD-120 (02/09)
Short Title: No Seizure of Firearms in Emergency/Funds. |
(Public) |
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Sponsors: |
Representatives Hilton, Cleveland, Holloway, and Gulley (Primary Sponsors). |
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Referred to: |
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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.