HB 28 — Gun Violence Prevention Act.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 28 Committee Substitute Favorable 3/11/25 Short Title:

Representatives Balkcom, Carson Smith, Miller, and Pyrtle (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Homeland Security and Military and Veterans Affairs, if favorable, Judiciary 2, if favorable, Rules, Calendar, and Operations of the House February 3, 2025 A BILL TO BE ENTITLED AN ACT TO CREATE THE OFFENSESOFFENSE OF POSSESSING,POSSESSING BRANDISHING, OR DISCHARGING A FIREARM OR WEAPON OF MASS DEATH AND DESTRUCTION BY A FELON DURING THE COMMISSION OR ATTEMPTED COMMISSION OF A FELONY.

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

"§ 14-415.1A.

Possession of certain weapons by felon during the commission or attempted commission of a felony.

(a) Definitions.

– The following definitions apply in this section:

(1) Brandish.

– To display all or part of the firearm or weapon of mass death and destruction or otherwise make the presence of the firearm or weapon of mass death and destruction known to another person.

(2) Firearm.

– As defined in G.S.

14-409.39.

(3) Weapon of mass death and destruction.

– As defined in G.S.

14-288.8.

(b) Offense.

– It is unlawful for any person who is prohibited pursuant to G.S.

14-415.1 from possessing a firearm or a weapon of mass death and destruction to possess a firearm or weapon of mass death and destruction during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes.

(c) Penalty.

– Unless the conduct is covered under some other provision of law providing greaterpunishment, a person whoviolatessubsection(b)ofthis sectionis guiltyofthe following:

(1) AClassCfelony,ifthepersondischargesthefirearmorweaponofmassdeath anddestructionduringthecommissionorattemptedcommissionofthefelony.

(2) A Class D felony, if the person brandishes the firearm or weapon of mass death and destruction during the commission or attempted commission of the felony.

(3) A Class F felony for any other violation of subsection (b) of this section.

(d) Separate Offense.

– A violation of subsection (b) of this section is a separate offense from the underlying felony offense, and G.S.

14-415.1, and shall not merge with any other offense." SECTION 2.

14-415.114-415.1(a) reads as rewritten:

"§"(a) 14-415.1.It shall be unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S.

Possession of firearms, etc., by felon prohibited.

(a) It shall be is unlawful for any person who has been convicted of a felony to purchase, own, possess, or have in his the person's custody, care, or control any firearm or any weapon of mass death and destruction as defined in G.S.

For the purposes of this section, a firearm is (i) *H28-v-1* General Assembly Of North Carolina Session 2025 any weapon, including a starter gun, which will or is designed to or may readily be converted to expel aaprojectilebytheaction projectileofan byexplosive,orits theframeorreceiver,or action(ii)anyfirearmmuffler of an explosive, or its frame or receiver, or (ii) any firearm muffler or firearm silencer.

Every person violating the provisions of this section shall be punished as subsection is guilty of a Class G felon.felony.F felon.

(a1)Violation A person who violates subsection (a) of this section duringis thenot commission or attempted commission of a felonylesser underincluded (i)offense this Chapter or (ii) Article 5 of ChapterG.S. 90 of the General Statutes is guilty of a Class F felony.

(a2)14-415.1A." ASECTION person3. who violates subsection (a) of this section and brandishes a firearm or a weapon of mass death and destruction during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a Class D felony.

For the purposes of this subsection, to brandish is to display all or part of the firearm or weapon of mass death and destruction or otherwise make the presence of the firearm or weapon of mass death and destruction known to another person.

(a3) A person who violates subsection (a) of this section and discharges a firearm or a weapon of mass death and destruction during the commission or attempted commission of a felony under (i) this Chapter or (ii) Article 5 of Chapter 90 of the General Statutes is guilty of a Class C felony.

(b) Prior convictions which cause disentitlement under this section shall only include:

(1) Felonyconvictions in North Carolina that occur before, on, or after December 1, 1995;