House Bill 189
House Bill 189
House Bill 189
SESSION 2023
H 1
HOUSE BILL 189
1 A BILL TO BE ENTITLED
2 AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN
3 WITHOUT A PERMIT AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A
4 CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR
5 ANY OTHER REASON DESIRED, TO ALLOW THE PURCHASE OF A HANDGUN
6 WITHOUT A PISTOL PURCHASE PERMIT, AND TO AUTHORIZE OFFICIALS
7 ELECTED IN THE STATE TO CARRY A CONCEALED FIREARM WHILE
8 PERFORMING THEIR OFFICIAL DUTIES IF THE OFFICIAL HAS A CONCEALED
9 HANDGUN PERMIT.
10 The General Assembly of North Carolina enacts:
11
12 PART I. REVISIONS TO CONCEALED CARRY LAWS
13 SECTION 1.1. G.S. 14-269 reads as rewritten:
14 "§ 14-269. Carrying concealed weapons.
15 (a) It shall be Except as otherwise provided by law, it is unlawful for any person willfully
16 and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung
17 shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like
18 kind, except when the person is on the person's own premises. For purposes of this section, the
19 term "weapon" does not include a firearm.
20 (a1) It shall be unlawful for any person willfully and intentionally to carry concealed about
21 his or her person any pistol or gun except in the following circumstances:
22 (1) The person is on the person's own premises.
23 (2) The deadly weapon is a handgun, the person has a concealed handgun permit
24 issued in accordance with Article 54B of this Chapter or considered valid
25 under G.S. 14-415.24, and the person is carrying the concealed handgun in
26 accordance with the scope of the concealed handgun permit as set out in
27 G.S. 14-415.11(c).
28 (3) The deadly weapon is a handgun and the person is a military permittee as
29 defined under G.S. 14-415.10(2a) who provides to the law enforcement
30 officer proof of deployment as required under G.S. 14-415.11(a).
31 (a2) This prohibition does not apply to a person who has a concealed handgun permit
32 issued in accordance with Article 54B of this Chapter, has a concealed handgun permit
33 considered valid under G.S. 14-415.24, or is exempt from obtaining a permit pursuant to
34 G.S. 14-415.25, provided the weapon is a handgun, is in a closed compartment or container
35 within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by
*H189-v-1*
General Assembly Of North Carolina Session 2023
1 State government. A person may unlock the vehicle to enter or exit the vehicle, provided the
2 handgun remains in the closed compartment at all times and the vehicle is locked immediately
3 following the entrance or exit.
4 (a3) Some of the exceptions listed in subsection (b) of this section include a condition that
5 the person have a concealed handgun permit. In those circumstances, a person must still have a
6 concealed handgun permit issued in accordance with Article 54B of Chapter 14 of the General
7 Statutes or considered valid under G.S. 14-415.24 to qualify as an exception.
8 …
9 (b1) It is a defense to a prosecution under this section that:if all of the following apply:
10 (1) The weapon was not a firearm;
11 (2) The defendant was engaged in, or on the way to or from, an activity in which
12 the defendant legitimately used the weapon;weapon.
13 (3) The defendant possessed the weapon for that legitimate use; anduse.
14 (4) The defendant did not use or attempt to use the weapon for an illegal purpose.
15 The burden of proving this defense is on the defendant.
16 (b2) It is a defense to a prosecution under this section that:
17 (1) The deadly weapon is a handgun;
18 (2) The defendant is a military permittee as defined under G.S. 14-415.10(2a);
19 and
20 (3) The defendant provides to the court proof of deployment as defined under
21 G.S. 14-415.10(3a).
22 (c) Any Except as otherwise provided by law, any person violating the provisions of
23 subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the
24 provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first
25 offense and a Class H felony for a second or subsequent offense. A violation of subsection (a1)
26 of this section punishable under G.S. 14-415.21(a) is not punishable under this section.
27 …."
28 SECTION 1.2. Chapter 14 of the General Statutes is amended by adding a new
29 Article to read:
30 "Article 54C.
31 "Carrying Concealed Handguns.
32 "§ 14-415.35. Carrying concealed handguns.
33 (a) Carrying Concealed Handgun. – Any person who is a citizen of the United States and
34 is at least 18 years old may carry a concealed handgun in this State unless provided otherwise by
35 law.
36 (b) Offense. – It is unlawful for a person who meets any of the following criteria to carry
37 a concealed handgun:
38 (1) Is ineligible to own, possess, or receive a firearm under the provisions of State
39 or federal law.
40 (2) Is under indictment for a felony.
41 (3) Has been adjudicated guilty in any court of a felony, unless (i) the felony is
42 an offense that pertains to antitrust violations, unfair trade practices, restraints
43 of trade, or other similar offenses related to the regulation of business practices
44 or (ii) the person's firearms rights have been restored pursuant to
45 G.S. 14-415.4 or have been restored in another state pursuant to the laws of
46 that state.
47 (4) Is a fugitive from justice.
48 (5) Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant,
49 stimulant, or narcotic drug, or any other controlled substance as defined in 21
50 U.S.C. § 802.