House Bill 189

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GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2023
H 1
HOUSE BILL 189

Short Title: NC Constitutional Carry Act. (Public)


Sponsors: Representatives Kidwell, Adams, Moss, and Pless (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Judiciary 2, if favorable, Rules, Calendar, and Operations of the House
February 27, 2023

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

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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.

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1 (6) Is currently or has been previously adjudicated by a court to be lacking mental
2 capacity or mentally ill. Receipt of previous consultative services or outpatient
3 treatment alone shall not disqualify any citizen under this subdivision.
4 (7) Is or has been discharged from the Armed Forces of the United States under
5 conditions other than honorable.
6 (8) Except as provided in subdivision (9), (10), or (11) of this subsection, is or
7 has been adjudicated guilty of or received a prayer for judgment continued or
8 suspended sentence for one or more crimes of violence constituting a
9 misdemeanor, including, but not limited to, a violation of a misdemeanor
10 under Article 8 of Chapter 14 of the General Statutes except for a violation of
11 G.S. 14-33(a), or a violation of a misdemeanor under G.S. 14-226.1, 14-258.1,
12 14-269.2, 14-269.6, 14-277, 14-277.1, 14-283 except for a violation involving
13 fireworks exempted under G.S. 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9,
14 former 14-288.12, former 14-288.13, former 14-288.14, 14-414,
15 14-415.21(b), 14-415.26(d) within three years prior to the date on which the
16 application is submitted, 14-415.36, 14-415.37, 14-415.38, or 14-415.39.
17 (9) Is or has been adjudicated guilty of or received a prayer for judgment
18 continued or suspended sentence for one or more crimes of violence
19 constituting a misdemeanor under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3),
20 14-33(d), 14-134.3, 14-277.3A, 14-318.2, 50B-4.1, or former 14-277.3.
21 (10) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a
22 result of a conviction of a misdemeanor crime of domestic violence.
23 (11) Has been adjudicated guilty of or received a prayer for judgment continued or
24 suspended sentence for one or more crimes involving an assault or a threat to
25 assault a law enforcement officer, probation or parole officer, person
26 employed at a State or local detention facility, firefighter, emergency medical
27 technician, medical responder, or emergency department personnel.
28 (12) Has had entry of a prayer for judgment continued for a criminal offense that
29 would make it unlawful under this section for the person to carry a concealed
30 weapon.
31 (13) Is free on bond or personal recognizance pending trial, appeal, or sentencing
32 for a crime that would make it unlawful under this section for the person to
33 carry a concealed weapon.
34 (14) Has been convicted of an impaired driving offense under G.S. 20-138.1,
35 20-138.2, or 20-138.3 within three years prior to the date on which the person
36 is carrying the weapon.
37 (c) Valid Identification Required; Disclosure to Law Enforcement Officer When
38 Carrying Concealed. – When carrying a concealed handgun, a person shall also carry valid
39 identification and shall disclose to any law enforcement officer that the person is carrying a
40 concealed handgun when approached or addressed by the officer and shall display the proper
41 identification upon the request of a law enforcement officer.
42 (d) Penalty. – Any person who violates subsection (b) of this section is guilty of a Class
43 2 misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent
44 offense. Any person who violates subsection (c) of this section commits an infraction and shall
45 be punished in accordance with G.S. 14-3.1.
46 "§ 14-415.36. Unlawful to carry a concealed weapon into certain areas.
47 (a) It is unlawful to carry a concealed weapon into the following areas unless provided
48 otherwise by law:
49 (1) In an area prohibited by rule adopted under G.S. 120-32.1.
50 (2) In any area prohibited by 18 U.S.C. § 922 or any other federal law.
51 (3) In a law enforcement or correctional facility.

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1 (4) On any private premises where notice that carrying a concealed handgun is
2 prohibited by the posting of a conspicuous notice or statement by the person
3 in legal possession or control of the premises.
4 (b) This section shall not apply to any person listed in G.S. 14-415.41.
5 (c) A violation of this section is a Class 1 misdemeanor."
6 SECTION 1.3. G.S. 14-269.3 reads as rewritten:
7 "§ 14-269.3. Carrying weapons into assemblies and establishments where alcoholic
8 beverages are sold and consumed.
9 (a) It shall be unlawful for any person consuming alcohol, or at any time while the person
10 has remaining in the person's body any alcohol or in the person's blood a controlled substance
11 previously consumed, to carry any gun, rifle, or pistol into any assembly where a fee has been
12 charged for admission thereto, or into any establishment in which alcoholic beverages are sold
13 and consumed. Any person violating the provisions of this section shall be guilty of a Class 1
14 misdemeanor.
15 (b) This section shall not apply to any of the following:
16 (1) A person exempted from the provisions of G.S. 14-269.
17 (2) The owner or lessee of the premises or business establishment.
18 (3) A person participating in the event, if the person is carrying a gun, rifle, or
19 pistol with the permission of the owner, lessee, or person or organization
20 sponsoring the event.
21 (4) A person registered or hired as a security guard by the owner, lessee, or person
22 or organization sponsoring the event.
23 (5) A person carrying a handgun if the person has a valid concealed handgun
24 permit issued in accordance with Article 54B of this Chapter, has a concealed
25 handgun permit considered valid under G.S. 14-415.24, or is exempt from
26 obtaining a permit pursuant to G.S. 14-415.25. This subdivision shall not be
27 construed to permit a person to carry a handgun on any premises where the
28 person in legal possession or control of the premises has posted a conspicuous
29 notice prohibiting the carrying of a concealed handgun on the premises in
30 accordance with G.S. 14-415.11(c)."
31 SECTION 1.4. G.S. 14-269.4 reads as rewritten:
32 "§ 14-269.4. Weapons on certain State property and in courthouses.
33 It shall be unlawful for any person to possess, or carry, whether openly or concealed, any
34 deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in
35 the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or
36 on the grounds of any of these buildings, and in any building housing any court of the General
37 Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the
38 court, then this prohibition shall apply only to that portion of the building used for court purposes
39 while the building is being used for court purposes.
40 This section shall not apply to any of the following:
41 …
42 (6) A person with a permit issued in accordance with Article 54B of this Chapter,
43 with a permit considered valid under G.S. 14-415.24, or who is exempt from
44 obtaining a permit pursuant to G.S. 14-415.25, A person carrying a concealed
45 handgun who has a firearm in a closed compartment or container within the
46 person's locked vehicle or in a locked container securely affixed to the person's
47 vehicle. A person may unlock the vehicle to enter or exit the vehicle provided
48 the firearm remains in the closed compartment at all times and the vehicle is
49 locked immediately following the entrance or exit.

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1 (7) Any person who carries or possesses an ordinary pocket knife, as defined in
2 G.S. 14-269(d), carried in a closed position into the State Capitol Building or
3 on the grounds of the State Capitol Building.
4 Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."
5 SECTION 1.5. G.S. 14-277.2 reads as rewritten:
6 "§ 14-277.2. Weapons at parades, etc., prohibited.
7 …
8 (d) The provisions of this section shall not apply to concealed carry of a handgun at a
9 parade or funeral procession by a person with a valid permit issued in accordance with Article
10 54B of this Chapter, with a permit considered valid under G.S. 14-415.24, or who is exempt from
11 obtaining a permit pursuant to G.S. 14-415.25. procession. This subsection shall not be construed
12 to permit a person to carry a concealed handgun on any premises where the person in legal
13 possession or control of the premises has posted a conspicuous notice prohibiting the carrying of
14 a concealed handgun on the premises in accordance with G.S. 14-415.11(c)."
15 SECTION 1.6. G.S. 14-269.1 reads as rewritten:
16 "§ 14-269.1. Confiscation and disposition of deadly weapons.
17 Upon conviction of any person for violation of G.S. 14-269, G.S. 14-269.7, 14-269.7,
18 14-415.35(b), or any other offense involving the use of a deadly weapon of a type referred to in
19 G.S. 14-269, weapon, including a firearm, the deadly weapon with reference to which the
20 defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding
21 judge at the trial in one of the following ways in the discretion of the presiding judge.
22 …."
23 SECTION 1.7. G.S. 14-269.2 reads as rewritten:
24 "§ 14-269.2. Weapons on campus or other educational property.
25 …
26 (i) The provisions of this section shall not apply to an employee of an institution of higher
27 education as defined in G.S. 116-143.1 or a nonpublic post-secondary educational institution who
28 resides on the campus of the institution at which the person is employed when all of the following
29 criteria are met:
30 (1) The employee's residence is a detached, single-family dwelling in which only
31 the employee and the employee's immediate family reside.
32 (2) The institution is either:
33 a. An institution of higher education as defined by G.S. 116-143.1.
34 b. A nonpublic post-secondary educational institution that has not
35 specifically prohibited the possession of a handgun pursuant to this
36 subsection.
37 (3) The weapon is a handgun.
38 (4) The handgun is possessed in one of the following manners as appropriate:
39 a. If the employee has a concealed handgun permit that is valid under
40 Article 54B of this Chapter, or who is exempt from obtaining a permit
41 pursuant to that Article, the handgun may be The handgun is on the
42 premises of the employee's residence or in a closed compartment or
43 container within the employee's locked vehicle that is located in a
44 parking area of the educational property of the institution at which the
45 person is employed and resides. Except for direct transfer between the
46 residence and the vehicle, the handgun must remain at all times either
47 on the premises of the employee's residence or in the closed
48 compartment of the employee's locked vehicle. The employee may
49 unlock the vehicle to enter or exit, but must lock the vehicle
50 immediately following the entrance or exit if the handgun is in the
51 vehicle.

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1 b. If the employee is not authorized to carry a concealed handgun
2 pursuant to Article 54B of this Chapter, the handgun may be on the
3 premises of the employee's residence, and may only be in the
4 employee's vehicle when the vehicle is occupied by the employee and
5 the employee is immediately leaving the campus or is driving directly
6 to their residence from off campus. The employee may possess the
7 handgun on the employee's person outside the premises of the
8 employee's residence when making a direct transfer of the handgun
9 from the residence to the employee's vehicle when the employee is
10 immediately leaving the campus or from the employee's vehicle to the
11 residence when the employee is arriving at the residence from off
12 campus.
13 (j) The provisions of this section shall not apply to an employee of a public or nonpublic
14 school who resides on the campus of the school at which the person is employed when all of the
15 following criteria are met:
16 (1) The employee's residence is a detached, single-family dwelling in which only
17 the employee and the employee's immediate family reside.
18 (2) The school is either:
19 a. A public school which provides residential housing for enrolled
20 students.
21 b. A nonpublic school which provides residential housing for enrolled
22 students and has not specifically prohibited the possession of a
23 handgun pursuant to this subsection.
24 (3) The weapon is a handgun.
25 (4) The handgun is possessed in one of the following manners as appropriate:
26 a. If the employee has a concealed handgun permit that is valid under
27 Article 54B of this Chapter, or who is exempt from obtaining a permit
28 pursuant to that Article, the handgun may be The handgun is on the
29 premises of the employee's residence or in a closed compartment or
30 container within the employee's locked vehicle that is located in a
31 parking area of the educational property of the school at which the
32 person is employed and resides. Except for direct transfer between the
33 residence and the vehicle, the handgun must remain at all times either
34 on the premises of the employee's residence or in the closed
35 compartment of the employee's locked vehicle. The employee may
36 unlock the vehicle to enter or exit, but must lock the vehicle
37 immediately following the entrance or exit if the handgun is in the
38 vehicle.
39 b. If the employee is not authorized to carry a concealed handgun
40 pursuant to Article 54B of this Chapter, the handgun may be on the
41 premises of the employee's residence, and may only be in the
42 employee's vehicle when the vehicle is occupied by the employee and
43 the employee is immediately leaving the campus or is driving directly
44 to their residence from off campus. The employee may possess the
45 handgun on the employee's person outside the premises of the
46 employee's residence when making a direct transfer of the handgun
47 from the residence to the employee's vehicle when the employee is
48 immediately leaving the campus or from the employee's vehicle to the
49 residence when the employee is arriving at the residence from off
50 campus.

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1 (k) The provisions of this section shall not apply to a person who has a concealed handgun
2 permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit
3 pursuant to that Article, if when any of the following conditions are met:
4 (1) The person has a handgun in a closed compartment or container within the
5 person's locked vehicle or in a locked container securely affixed to the person's
6 vehicle and only unlocks the vehicle to enter or exit the vehicle while the
7 firearm remains in the closed compartment at all times and immediately locks
8 the vehicle following the entrance or exit.
9 (2) The person has a handgun concealed on the person and the person remains in
10 the locked vehicle and only unlocks the vehicle to allow the entrance or exit
11 of another person.
12 (3) The person is within a locked vehicle and removes the handgun from
13 concealment only for the amount of time reasonably necessary to do either of
14 the following:
15 a. Move the handgun from concealment on the person to a closed
16 compartment or container within the vehicle.
17 b. Move the handgun from within a closed compartment or container
18 within the vehicle to concealment on the person.
19 …."
20 SECTION 1.8. G.S. 14-401.24 reads as rewritten:
21 "§ 14-401.24. Unlawful possession and use of unmanned aircraft systems.
22 …
23 (c) The following definitions apply to this section:
24 …
25 (5) Weapon. – Those weapons specified in G.S. 14-269, 14-269.2, 14-284.1, or
26 14-288.8 and any other object object, including a firearm, capable of inflicting
27 serious bodily injury or death when used as a weapon.
28 …."
29 SECTION 1.9. G.S. 14-409.40 reads as rewritten:
30 "§ 14-409.40. Statewide uniformity of local regulation.
31 …
32 (f) Nothing contained in this section prohibits municipalities or counties from application
33 of their authority under G.S. 153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4,
34 14-277.2, 14-415.11, 14-415.23, 14-415.35, including prohibiting the possession of firearms in
35 public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or
36 recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm
37 within a motor vehicle while the vehicle is on these grounds or areas. Nothing contained in this
38 section prohibits municipalities or counties from exercising powers provided by law in states of
39 emergency declared under Article 1A of Chapter 166A of the General Statutes.
40 …."
41 SECTION 1.10. G.S. 14-415.4(e)(2) reads as rewritten:
42 "(2) The petitioner is under indictment for a felony or a finding of probable cause
43 exists against the petitioner for a felony."
44 SECTION 1.11. Article 54B of Chapter 14 of the General Statutes is amended by
45 adding a new section to read:
46 "§ 14-415.10A. Purpose.
47 While G.S. 14-415.35 makes it lawful to carry a concealed weapon in this State without
48 obtaining a concealed handgun permit, it is often convenient to have a concealed handgun permit
49 for the purpose of reciprocity when traveling in another state, to make the purchase of a firearm
50 more efficient, or for various other reasons. Therefore, the State of North Carolina shall continue

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1 to make a concealed handgun permit available to any person who applies for and is eligible to
2 receive a concealed handgun permit pursuant to this Article."
3 SECTION 1.12. G.S. 14-415.11(a) reads as rewritten:
4 "(a) Any person who has a concealed handgun permit may carry a concealed handgun
5 unless otherwise specifically prohibited by law. The person shall carry the permit together with
6 valid identification whenever the person is carrying a concealed handgun, shall disclose to any
7 law enforcement officer that the person holds a valid permit and is carrying a concealed handgun
8 when approached or addressed by the officer, and shall display both the permit and the proper
9 identification upon the request of a law enforcement officer. In addition to these requirements, a
10 military permittee whose permit has expired during deployment may carry a concealed handgun
11 during the 90 days following the end of deployment and before the permit is renewed provided
12 the permittee also displays proof of deployment to any law enforcement officer."
13 SECTION 1.13. G.S. 14-415.22 is repealed.
14 SECTION 1.14. G.S. 74E-6 reads as rewritten:
15 "§ 74E-6. Oaths, powers, and authority of company police officers.
16 …
17 (c) All Company Police. – Company police officers, while in the performance of their
18 duties of employment, have the same powers as municipal and county police officers to make
19 arrests for both felonies and misdemeanors and to charge for infractions on any of the following:
20 (1) Real property owned by or in the possession and control of their employer.
21 (2) Real property owned by or in the possession and control of a person who has
22 contracted with the employer to provide on-site company police security
23 personnel services for the property.
24 (3) Any other real property while in continuous and immediate pursuit of a person
25 for an offense committed upon property described in subdivisions (1) or (2)
26 of this subsection.
27 Company police officers shall have, if duly authorized by the superior officer in charge, the
28 authority to carry concealed weapons pursuant to and in conformity with G.S. 14-269(b)(4) and
29 (5).G.S. 14-269(b)(4) and (5) and G.S. 14-415.35.
30 …."
31 SECTION 1.15. G.S. 74G-6 reads as rewritten:
32 "§ 74G-6. Oaths, powers, and authority of campus police officers.
33 …
34 (d) Concealed Weapons. – Campus police officers shall have, if duly authorized by their
35 campus police agency and by the sheriff of the county in which the campus police agency is
36 located, the authority to carry concealed weapons pursuant to and in conformity with
37 G.S. 14-269(b)(5).G.S. 14-269(b)(5) and G.S. 14-415.35.
38 …."
39 SECTION 1.16. G.S. 113-136 reads as rewritten:
40 "§ 113-136. Enforcement authority of inspectors and protectors; refusal to obey or allow
41 inspection by inspectors and protectors.
42 …
43 (d) Inspectors and protectors are additionally authorized to arrest without warrant under
44 the terms of G.S. 15A-401(b) for felonies, for breaches of the peace, for assaults upon them or in
45 their presence, and for other offenses evincing a flouting of their authority as enforcement
46 officers or constituting a threat to public peace and order which would tend to subvert the
47 authority of the State if ignored. In particular, they are authorized, subject to the direction of the
48 administrative superiors, to arrest for violations of G.S. 14-223, 14-225, 14-269, and
49 14-277.14-277, and 14-415.35.
50 …."
51 SECTION 1.17. This Part becomes effective December 1, 2023.

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1
2 PART II. REPEAL PISTOL PURCHASE PERMIT REQUIREMENT
3 SECTION 2.1. G.S. 14-402 through G.S. 14-405 and G.S. 14-407.1 are repealed.
4 SECTION 2.2. G.S. 14-315(b1)(1) is repealed.
5 SECTION 2.3. G.S. 122C-54(d2) is repealed.
6 SECTION 2.4. This Part is effective when it becomes law and applies to pistols sold,
7 given away, transferred, purchased, or received on or after that date.
8
9 PART III. AUTHORIZE ELECTED STATE OFFICIALS TO CARRY A CONCEALED
10 FIREARM WHILE PERFORMING OFFICIAL DUTIES
11 SECTION 3.1. G.S. 14-269(b) is amended by adding a new subdivision to read:
12 "(10) Any person who is an elected official or person appointed to fill an elective
13 office in this State, when acting in discharge of their official duties, and who
14 has a concealed handgun permit issued in accordance with Article 54B of this
15 Chapter or considered valid under G.S. 14-415.24; provided that the person
16 shall not carry a concealed weapon at any time while consuming alcohol or an
17 unlawful controlled substance or while alcohol or an unlawful controlled
18 substance remains in the person's body. This subdivision does not exempt the
19 person from the provisions of G.S. 14-269.2."
20 SECTION 3.2. G.S. 14-269.2(g)(1a) reads as rewritten:
21 "(1a) A person exempted by the provisions of subdivisions (1) through (9) of
22 G.S. 14-269(b)."
23 SECTION 3.3. G.S. 14-415.11(c) reads as rewritten:
24 "(c) Except as provided in G.S. 14-415.27, a permit does not authorize a person to carry a
25 concealed handgun in any of the following:
26 (1) Areas prohibited by G.S. 14-269.2, 14-269.3, and 14-277.2.G.S. 14-269.2.
27 (1a) Areas prohibited by G.S. 14-269.3 and G.S. 14-277.2.
28 …."
29 SECTION 3.4. G.S. 14-415.27 reads as rewritten:
30 "§ 14-415.27. Expanded permit scope for certain persons.
31 (a) Notwithstanding G.S. 14-415.11(c), any of the following persons who has a
32 concealed handgun permit issued pursuant to this Article or that is considered valid under
33 G.S. 14-415.24 is not subject to the area prohibitions set out in G.S. 14-415.11(c) and may carry
34 a concealed handgun in the areas listed in G.S. 14-415.11(c) unless otherwise prohibited by
35 federal law:
36 (1) A district attorney.
37 (2) An assistant district attorney.
38 (3) An investigator employed by the office of a district attorney.
39 (4) A North Carolina district or superior court judge.
40 (5) A magistrate.
41 (6) A person who is elected and serving as a clerk of court.
42 (7) A person who is elected and serving as a register of deeds.
43 (8) A person employed by the Department of Public Safety who has been
44 designated in writing by the Secretary of the Department and who has in the
45 person's possession written proof of the designation.
46 (9) A North Carolina administrative law judge.
47 (b) Notwithstanding G.S. 14-415.11(c), any elected official or person appointed to fill an
48 elective office in this State, when acting in discharge of their official duties, and who has a
49 concealed handgun permit issued pursuant to this Article or that is considered valid under
50 G.S. 14-415.21 is not subject to the area prohibitions set out in subdivisions (1a) through (8) of

House Bill 189-First Edition Page 9


General Assembly Of North Carolina Session 2023
1 G.S. 14-415.11(c) and may carry a concealed handgun in the areas listed in subdivisions (1a)
2 through (8) of G.S. 14-415.11(c) unless otherwise prohibited by federal law."
3 SECTION 3.5. This Part is effective when it becomes law and applies to offenses
4 committed on or after that date.
5
6 PART IV. SAVINGS CLAUSE AND EFFECTIVE DATE
7 SECTION 4.1. Prosecutions for offenses committed before the effective date of this
8 act are not abated or affected by this act, and the statutes that would be applicable but for this act
9 remain applicable to those prosecutions.
10 SECTION 4.2. Except as otherwise provided in this act, this act is effective when it
11 becomes law.

Page 10 House Bill 189-First Edition

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