SB 210 — Gun Violence Prevention Act.

FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MarSESSION 6, 2023 S.B.S 1 SENATE BILL 210 Short Title:

210 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS35094-ML-77A Short Title:

Rules and Operations of the Senate March 7, 2023 A BILL TO BE ENTITLED AN ACT TO REQUIRE A PERMIT FOR THE PURCHASE OF AN ASSAULT WEAPON OR LONG GUN;

TO PROHIBITLEAVINGAFIREARMPROHIBIT LEAVINGAFIREARM INANUNATTENDEDMOTORVEHICLEUNLESS FIREARM IS SAFELY STORED;

(i) a license or permit is *DRS35094-ML-77A**S210-v-1* General Assembly Of North Carolina Session 2023 first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides;

AnyAnyselective-fire selective-fire firearm capable of semiautomatic or burst fire at the option of the user.

Page 2 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 32.

DRS35094-ML-77ASenate Bill 210-First Edition Page 3 General Assembly Of North Carolina Session 2023 41.

Page 4 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 3.

The sheriffs of anyanyand and all counties of this State shall issue to anyanyperson, person, firm, or corporation in any county a permit to purchase or receive any weapon mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the weapon.

Therefore, a permit is issued to ________ to purchase one pistol pistol, oneassaultweapon, oronelong gun fromfromanyperson,firm anyorcorporationauthorized person,firm orcorporation authorized to dispose of the same.

___________________________________ DRS35094-ML-77ASenate Bill 210-First Edition Page 5 General Assembly Of North Carolina Session 2023 Sheriff.

The standard permit created by this section shall be used statewide by the sheriffs of any and all counties and, when issued bybyasheriff,shall asheriff,shall alsocontain anembossed seal uniquetounique to theoffice of the issuing sheriff." SECTION 1.(c) G.S.

(1) To officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or actingunder orders requiringrequiringthem them to carry handguns.handguns, long guns, or assault weapons.

Page 6 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 (a) Sale of Weapons Other Than Handguns.

– If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowieknife,dirk, shurikin, leaded cane, orslungshot, thepersonis guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of anyanysale sale made in violation of this section.

– If a person sells, offers for sale, gives, or in anyanywaytransfers way transfers to a minor any handgun as defined in G.S.

14-269.7, handgun, long gun, or assault weapon, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of anyanysale sale made in violation of this section.

PROHIBIT THE SALE ORPOSSESSIONORPOSSESSIONOFBUMPSTOCKS OF BUMPSTOCKS OR TRIGGER CRANKS SECTION 3.(a) Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

The term does not include any DRS35094-ML-77ASenate Bill 210-First Edition Page 7 General Assembly Of North Carolina Session 2023 weapon initially designed and manufactured to fire through the use of a crank or lever.

– It shall be unlawful for anyanyperson, person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer that is designed to increase the rate of fire achievable by the firearm.

(c) Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as Page 8 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 to:

(i) whether a North Carolina resident maymaycarry carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and permit, (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit.

(a) Any person in this State who intends to own a firearm shall, prior to the ownership of the firearm, obtain, and during ownership continuously maintain, a policy of liability insurance in an amount not less than one hundred thousand dollars ($100,000) specifically covering any damages resulting from any negligent or willful acts involving the use of the firearm while it is owned bybythe the person.

DRS35094-ML-77ASenate Bill 210-First Edition Page 9 General Assembly Of North Carolina Session 2023 2 PART VIII.

For purposes of this Article, the term "large-capacity"large-capacitymagazine" magazine" includes all of the following:

(b) AnyAnyperson person who violates subsection (a) of this section commits a Class IIfelony felony under this section if the person possessed a large-capacitylarge-capacitymagazine magazineduringthe during the commission of a felony.

Page 10 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 (3) A person who possesses the magazine for the sole purpose of transporting the magazine to an out-of-state entity on behalf of a manufacturer of large-capacity magazines within North Carolina.

(1) There is a lack of design and safetysafetystandards standards imposed on pistols under federal and State law.

DRS35094-ML-77ASenate Bill 210-First Edition Page 11 General Assembly Of North Carolina Session 2023 (2) A lack of design and safety standards results in the sale of poorly constructed pistols, which can lead to unintentional shootings and other harms.

14-269.1.Adealerwhoretains in thedealer's inventory, or who otherwise lawfully acquires, a handgun not listed on the roster as of January 1 of the applicable calendar year may sell or otherwise transfer the handgun onlyonlyto to another dealer.

Page 12 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 (5) The temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer.

– The Department may test, or contract with an independent handgun testing laboratory to test, handguns (i) that the Department believes should be added to the roster requiredundersubsection(c)ofthissectionor(ii)thattheDepartmentbelieves,basedrequiredundersubsection(c)ofthissectionor(ii)thattheDepartmentbelieves,basedon oncrediblecredible information received by the Department from at least two credible sources, should be removed from the roster required under subsection (c) of this section.

14-406.2(c), as enacted bybysubsection subsection (a) of this section, and the types of handguns that are included on the roster and (ii) publish the roster on its website in accordance with G.S.

(a) A lawful occupant within a home or other place of residence is justified in using any degreeofforcethattheoccupantreasonablydegreeofforcethattheoccupantreasonablybelievesisnecessary,includingdeadlyforce,against believesisnecessary,including deadlyforce,against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

DRS35094-ML-77ASenate Bill 210-First Edition Page 13 General Assembly Of North Carolina Session 2023 (b) A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

– It is unlawful to leave a firearm in an unattended motor vehicle unless the vehicle is locked and the firearm is either (i) secured with a trigger lock or other safetysafetydevice device designed to prevent an unauthorized user from operating the firearm or (ii) in a locked container.

– It shall be unlawful for anyanyperson, person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess a ghost gun.

– This section does not apply to officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or acting under orders requiring them to carry a semiautomatic firearm." Page 14 DRS35094-ML-77ASenate Bill 210-First Edition General Assembly Of North Carolina Session 2023 SECTION 15.(b) This section becomes effective December 1, 2023, and applies to offenses committed on or after that date.

– Any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liabilityliabilitycompany, company, or other entityentityor or business association, including all wholly owned subsidiaries, majority-owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit-making purposes.