HB 5 — NC Constitutional Carry Act.

(c) Any Except as otherwise provided by law, any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor.

Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense and a Class H felony for a second or subsequent offense.

A violation of subsection (a1) of this section punishable under G.S.

14-415.21(a) is not punishable under this section.

…." SECTION 1.2.

Chapter 14 of the General Statutes is amended by adding a new Article to read:

Page 2 House Bill 5-First Edition General Assembly Of North Carolina Session 2025 (6) Is currentlyor has been previouslyadjudicated by a court to be lacking mental capacityormentallyill.Receiptofpreviousconsultativeservicesoroutpatient treatment alone shall not disqualify any citizen under this subdivision.

(7) Is or has been discharged from the Armed Forces of the United States under dishonorableconditions conditions.other than honorable.

(8) Except as provided in subdivision (9), (10), or (11) of this subsection, is or has been adjudicated guilty of or received a prayer for judgment continued or *H5-v-2* General Assembly Of North Carolina Session 2025 suspended sentence for one or more crimes of violence constituting a misdemeanor, including, but not limited to, a violation of a misdemeanor under Article 8 of this Chapter except for a violation of G.S.

14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9, former 14-288.12, former 14-288.13, former 14-288.14, 14-414, 14-415.21(b), 14-415.26(d) within three years prior to the date on which the personapplication is carryingsubmitted, the weapon, or 14-415.36.

(14) Has been convicted of an impaired driving offense under G.S.

20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the person is carrying the weapon.

House Bill 5-First Edition Page 3 General Assembly Of North Carolina Session 2025 (3) In a law enforcement or correctional facility.

(b) AnyA personviolation whoof violates this section shallis be guilty of an infraction and may be required to pay a fineClass up1 tomisdemeanor." fiveSECTION hundred1.3. dollars ($500.00)." SECTION2.

Article54BofChapter14oftheGeneralStatutesisamendedbyadding a new section to read:

"§ 14-415.10A.

Purpose.

Page 2 House Bill 5-Second Edition General Assembly Of North Carolina Session 2025 While G.S.

14-415.35 makes it lawful to carry a concealed weapon in this State without obtaining a concealed handgun permit, it is often convenient to have a concealed handgun permit for the purpose of reciprocity when traveling in another state, to make the purchase of a firearm more efficient, or for various other reasons.

Therefore, the State of North Carolina shall continue to make a concealed handgun permit available to any person who applies for and is eligible to receive a concealed handgun permit pursuant to this Article.

For the avoidance of doubt, the concealed handgun permit system maintained pursuant to this Article does not prevent a person from carrying a concealed handgun pursuant to Article 54C of this Chapter." SECTION 3.

14-415.12(b) reads as rewritten:

"(b) The sheriff shall deny a permit to an applicant who:

(1) Is ineligible to own, possess, or receive a firearm under the provisions of State or federal law.

(2) Is under indictment or against whom a finding of probable cause exists for a felony.

(3) Has been adjudicated guilty in any court of a felony, unless:

(i) the felony is an offense that pertains to antitrust violations, unfair trade practices, or restraints of trade, or (ii) the person's firearms rights have been restored pursuant to G.S.

14-415.4.

(4) Is a fugitive from justice.

(5) Is an unlawful user of, or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug, or any other controlled substance as defined in 21 U.S.C.

§ 802.

(6) Is currently, or has been previously adjudicated by a court or administratively determined by a governmental agency whose decisions are subject to judicial review to be, lacking mental capacity or mentally ill.

Receipt of previous consultative services or outpatient treatment alone shall not disqualify an applicant under this subdivision.

(7) Is or has been discharged from the Armed Forces of the United States under conditions other than honorable.dishonorable conditions.

(8) Except as provided in subdivision (8a), (8b), or (8c) of this section, is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor,includingbutnotlimitedto,aviolationofamisdemeanorunder Article 8 of Chapter 14 of the General Statutes except for a violation of G.S.

14-33(a), or a violation of a misdemeanor under G.S.

14-226.1, 4-258.1, 14-269.2, 14-269.3, 14-269.4, 14-269.6, 14-277, 14-277.1, 14-277.2, 14-283 except for a violation involving fireworks exempted under G.S.

14-414, 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9, former 14-288.12, former 14-288.13, former 14-288.14, 14-415.21(b), or 14-415.26(d) within three years prior to the date on which the application is submitted.

(8a) Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor under G.S.

14-32.5, 14-33(c)(1), 14-33(c)(2), 14-33(c)(3), 14-33(d), 14-277.3A, 14-318.2, 14-134.3, 50B-4.1, or former G.S.

14-277.3.

(8b) Is prohibited from possessing a firearm pursuant to 18 U.S.C.

§ 922(g) as a result of a conviction of a misdemeanor crime of domestic violence.

(8c) Has been adjudicated guiltyof or received a prayer for judgment continued or suspended sentence for one or more crimes involving an assault or a threat to assault a law enforcement officer, probation or parole officer, person House Bill 5-Second Edition Page 3 General Assembly Of North Carolina Session 2025 employed at a State or local detention facility, firefighter, emergency medical technician, medical responder, or emergency department personnel.

(9) Has had entryof a prayer for judgment continued for a criminal offense which would disqualify the person from obtaining a concealed handgun permit.

(10) Is free on bond or personal recognizance pending trial, appeal, or sentencing for a crime which would disqualify him from obtaining a concealed handgun permit.

(11) Has been convicted of an impaired driving offense under G.S.

20-138.1, 20-138.2, or 20-138.3 within three years prior to the date on which the application is submitted." SECTION 4.

G.S.

14-269 reads as rewritten:

"§ 14-269.

Carrying concealed weapons.

(a) It shall be Except as otherwise provided bylaw, it is unlawful for anyperson willfully and intentionally to carry concealed about his or her person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shuriken, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

For purposes of this subsection, the term "weapon" does not include a firearm.

(a1) It shall beunlawful for anypersonwillfullyand intentionallyto carryconcealedabout his or her person any pistol or gun except in the following circumstances:firearm, except a handgun carried pursuant to Article 54B or Article 54C of this Chapter.

(1) The person is on the person's own premises.

(2) The deadly weapon is a handgun, the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S.

14-415.24, and the person is carrying the concealed handgun in accordance with the scope of the concealed handgun permit as set out in G.S.

14-415.11(c).

(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S.

14-415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S.

14-415.11(a).

(a2) This prohibition does not apply to a person who has a concealed handgun permit issued in accordance with Article 54B of this Chapter, has a concealed handgun permit considered valid under G.S.

14-415.24, or is exempt from obtaining a permit pursuant to G.S.

14-415.25, provided the weapon is a handgun, is in a closed compartment or container within the person's locked vehicle, and the vehicle is in a parking area that is owned or leased by State government.

A person may unlock the vehicle to enter or exit the vehicle, provided the handgun remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

(a3) Some of the exceptions listed in subsection (b) of this section include a condition that the person have a concealed handgun permit.

In those circumstances, a person must still have a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S.

14-415.24 to qualify as an exception.

… (b1) It is a defense to a prosecution under this section that:if all of the following apply:

(1) The weapon was not a firearm;

(2) The defendant was engaged in, or on the way to or from, an activity in which the defendant legitimately used the weapon;weapon.

(3) The defendant possessed the weapon for that legitimate use;

anduse.

(4) The defendant did not use or attempt to use the weapon for an illegal purpose.

The burden of proving this defense is on the defendant.

(b2) It is a defense to a prosecution under this section that:

(1) The deadly weapon is a handgun;

Page 4 House Bill 5-Second Edition General Assembly Of North Carolina Session 2025 (2) The defendant is a military permittee as defined under G.S.

14-415.10(2a);

and (3) The defendant provides to the court proof of deployment as defined under G.S.

14-415.10(3a).

(c) Any Except as otherwise provided by law, any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor.

Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense and a Class H felony for a second or subsequent offense.

A violation of subsection (a1) of this section punishable under G.S.

14-415.21(a) is not punishable under this section.

…." SECTION 5.

G.S.

14-269.1 reads as rewritten:

"§ 14-269.1.

Confiscation and disposition of deadly weapons.

Upon conviction of any person for violation of G.S.

14-269, G.S.

14-269.7, 14-269.7, 14-415.35(b), or any other offense involving the use of a deadly weapon of a type referred to in G.S.

14-269, weapon, including a firearm, the deadly weapon with reference to which the defendant shall havebeen convictedshall beorderedconfiscatedanddisposedofbythepresiding judge at the trial in one of the following ways in the discretion of the presiding judge.

…." SECTION 6.

G.S.

14-415.11(c)." SECTION 7.1.4.

If a court is housed in a building containing nonpublic uses in addition to the House Bill 5-Second Edition Page 5 General Assembly Of North Carolina Session 2025 court, then this prohibition shall applyonlyto that portion of the building used for court purposes while the building is being used for court purposes.

14-415.25, who has a firearm A person carrying a concealed handgun who has a firearm in a closed compartment or container within the person'slockedvehicleorinalockedcontainersecurelyaffixedtotheperson's vehicle.

A person may unlock the vehicle to enter or exit the vehicle provided the firearm remains in the closed compartment at all times and the vehicle is locked immediately following the entrance or exit.

Page 4 House Bill 5-First Edition General Assembly Of North Carolina Session 2025 (7) Any person who carries or possesses an ordinary pocket knife, as defined in G.S.

Any person violating the provisions of this section shall be guiltyof a Class 1 misdemeanor." SECTION 8.1.5.

14-415.11(c)." SECTION 9.1.6.

14-269.1 reads as rewritten:

"§ 14-269.1.

Confiscation and disposition of deadly weapons.

Upon conviction of any person for violation of G.S.

14-269, G.S.

14-269.7, 14-269.7, 14-415.35(b), or any other offense involving the use of a deadly weapon of a type referred to in G.S.

14-269, weapon, including a firearm, the deadly weapon with reference to which the defendant shall havebeen convictedshall beorderedconfiscatedand disposed ofbythepresiding judge at the trial in one of the following ways in the discretion of the presiding judge.

…." SECTION 1.7.

G.S.

14-269.2 reads as rewritten:

"§ 14-269.2.

Weapons on campus or other educational property.

… (i) Theprovisionsofthissectionshallnotapplyto anemployeeofaninstitutionofhigher educationasdefinedinG.S.

116-143.1oranonpublicpost-secondaryeducationalinstitutionwho resides on thecampus of theinstitution at whichthe personis employed when all ofthefollowing criteria are met:

(1) The employee's residence is a detached, single-family dwelling in which only the employee and the employee's immediate family reside.

(2) The institution is either:

a.

An institution of higher education as defined by G.S.

116-143.1.

b.

A nonpublic post-secondary educational institution that has not specifically prohibited the possession of a handgun pursuant to this subsection.

(3) The weapon is a handgun.

(4) The handgun is possessed in one of the following manners as appropriate:

a.

If the employee has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, the handgun may be The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the institution at which the person is employed and resides.

Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle.

The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.

House Bill 5-First Edition Page 5 General Assembly Of North Carolina Session 2025 b.

If the employee is not authorized to carry a concealed handgun pursuant to Article 54B of this Chapter, the handgun may be on the premises of the employee's residence, and may only be in the employee's vehicle when the vehicle is occupied by the employee and the employee is immediately leaving the campus or is driving directly to their residence from off campus.

The employee may possess the handgun on the employee's person outside the premises of the employee's residence when making a direct transfer of the handgun from the residence to the employee's vehicle when the employee is immediately leaving the campus or from the employee's vehicle to the residence when the employee is arriving at the residence from off campus.

(j) The provisions of this section shall not apply to an employee of a public or nonpublic school who resides on the campus of the school at which the person is employed when all of the following criteria are met:

(1) The employee's residence is a detached, single-family dwelling in which only the employee and the employee's immediate family reside.

(2) The school is either:

a.

A public school which provides residential housing for enrolled students.

b.

A nonpublic school which provides residential housing for enrolled students and has not specifically prohibited the possession of a handgun pursuant to this subsection.

(3) The weapon is a handgun.

(4) The handgun is possessed in one of the following manners as appropriate:

a.

If the employee has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, the handgun may be The handgun is on the premises of the employee's residence or in a closed compartment or container within the employee's locked vehicle that is located in a parking area of the educational property of the school at which the person is employed and resides.

Except for direct transfer between the residence and the vehicle, the handgun must remain at all times either on the premises of the employee's residence or in the closed compartment of the employee's locked vehicle.

The employee may unlock the vehicle to enter or exit, but must lock the vehicle immediately following the entrance or exit if the handgun is in the vehicle.

b.

If the employee is not authorized to carry a concealed handgun pursuant to Article 54B of this Chapter, the handgun may be on the premises of the employee's residence, and may only be in the employee's vehicle when the vehicle is occupied by the employee and the employee is immediately leaving the campus or is driving directly to their residence from off campus.

The employee may possess the handgun on the employee's person outside the premises of the employee's residence when making a direct transfer of the handgun from the residence to the employee's vehicle when the employee is immediately leaving the campus or from the employee's vehicle to the residence when the employee is arriving at the residence from off campus.

Page 6 House Bill 5-First Edition General Assembly Of North Carolina Session 2025 (k) Theprovisionsofthissectionshallnotapplytoapersonwhohas aconcealedhandgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, if when any of the following conditions are met:

(1) The person has a handgun in a closed compartment or container within the person'slockedvehicleorinalockedcontainersecurelyaffixedtotheperson's vehicle and only unlocks the vehicle to enter or exit the vehicle while the firearm remains in the closed compartment at all times and immediately locks the vehicle following the entrance or exit.

(2) The person has a handgun concealed on the person and the person remains in the locked vehicle and only unlocks the vehicle to allow the entrance or exit of another person.

(3) The person is within a locked vehicle and removes the handgun from concealment only for the amount of time reasonably necessary to do either of the following:

a.

Move the handgun from concealment on the person to a closed compartment or container within the vehicle.

b.

Move the handgun from within a closed compartment or container within the vehicle to concealment on the person.

(k1) For the purposes of this subsection, property owned by a local board of education or county commission shall not be construed as a building that is a place of religious worship as defined in G.S.

14-54.1.

The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, if all of the following conditions apply:

(1) Thepersonpossesses andcarriesahandgunoneducationalpropertyotherthan an institutionofhighereducationas definedbyG.S.

116-143.1oranonpublic, postsecondary educational institution.

(2) The educational property is the location of both a school and a building that is a place of religious worship as defined in G.S.

14-54.1.

(3) The weapon is a handgun.

(4) The handgun is only possessed and carried on educational property outside of the school operating hours.

(5) The person or persons in legal possession or control of the premises have not posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S.

14-415.11(c).

…." SECTION 1.8.

G.S.

…." SECTION 10.1.9.

153A-129, 160A-189, 14-269, 14-269.2, 14-269.3, 14-269.4, 14-277.2, 14-415.11, 14-415.23, 14-415.35, including prohibiting the possession of firearms in public-owned buildings, on the grounds or parking areas of those buildings, or in public parks or House Bill 5-First Edition Page 7 General Assembly Of North Carolina Session 2025 recreation areas, except nothing in this subsection shall prohibit a person from storing a firearm within a motor vehicle while the vehicle is on these grounds or areas.

…." SECTION 11.1.10.

"(2) The petitioner is under indictment for a felony or a finding of probable cause exists against the petitioner for a felony." SECTION 12.1.11.

Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-415.10A.

Purpose.

While G.S.

14-415.35 makes it lawful to carry a concealed weapon in this State without obtaining a concealed handgun permit, it is often convenient to have a concealed handgun permit for the purpose of reciprocity when traveling in another state, to make the purchase of a firearm more efficient, or for various other reasons.

Therefore, the State of North Carolina shall continue to make a concealed handgun permit available to any person who applies for and is eligible to receive a concealed handgun permit pursuant to this Article." SECTION 1.12.

Page 6 House Bill 5-Second Edition General Assembly Of North Carolina Session 2025 "(a) Any person who has a concealed handgun permit may carry a concealed handgun unless otherwise specifically prohibited by law.

In addition to these requirements, a military permittee whose permit has expired during deployment may carry a concealed handgun during the 90 days following the end of deployment and before the permit is renewed provided the permittee also displays proof of deployment to any law enforcement officer." SECTION 13.1.13.

SECTION 14.1.14.

…." SECTION 15.1.15.

– Campus police officers shall have, if duly authorized by their campus police agency and by the sheriff of the county in which the campus police agency is Page 8 House Bill 5-First Edition General Assembly Of North Carolina Session 2025 located, the authority to carry concealed weapons pursuant to and in conformity with G.S.

…." SECTION 16.1.16.

…." SECTION 17.1.17.

This Part becomes effective December 1, 2025, and applies to offenses committed on or after that date.

PART II.

AUTHORIZE ELECTED STATE OFFICIALS TO CARRY A CONCEALED FIREARM WHILE PERFORMING OFFICIAL DUTIES SECTION 2.1.

G.S.

14-269(b) is amended by adding a new subdivision to read:

"(10) Any person who is an elected official or person appointed to fill an elective office in this State, when acting in discharge of their official duties, and who has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S.

14-415.24;

provided that the person shall not carrya concealed weapon at anytime while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the person's body.

This subdivision does not exempt the person from the provisions of G.S.

14-269.2." SECTION 2.2.

G.S.

14-269.2(g)(1a) reads as rewritten:

"(1a) A person exempted by the provisions of subdivisions (1) through (9) of G.S.

14-269(b)." SECTION 2.3.

G.S.

14-415.27 reads as rewritten:

"§ 14-415.27.

Expanded permit scope for certain persons.

(a) Notwithstanding G.S.

14-415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S.

14-415.24 is not subject to the area prohibitions set out in G.S.

14-415.11(c) and may carry a concealed handgun in the areas listed in G.S.

14-415.11(c) unless otherwise prohibited by federal law:

… (b) Notwithstanding G.S.

14-415.11(c), any elected official or person appointed to fill an elective office in this State, when acting in discharge of their official duties, and who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S.

14-415.21 is not subject to the area prohibitions set out in subdivisions (1a) through (8) of G.S.

14-415.11(c) and may carry a concealed handgun in the areas listed in subdivisions (1a) through (8) of G.S.

14-415.11(c) unless otherwise prohibited by federal law." SECTION 2.4.

This Part is effective when it becomes law and applies to offenses committed on or after that date.

PART III.

SAVINGS CLAUSE AND EFFECTIVE DATE House Bill 5-First Edition Page 9 General Assembly Of North Carolina Session 2025 SECTION 3.1.

House Bill 5-Second Edition Page 7 General Assembly Of North Carolina Session 2025 SECTION 18.3.2.

ThisExcept actas becomesotherwise effectiveprovided Decemberin 1,this 2025,act, andthis appliesact tois offenseseffective committedwhen onit orbecomes afterlaw. that date.

Page 810 House Bill 5-Second5-First Edition