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;
and (2) Repealed by Session Laws 1995, c.
487, s.
3, effective December 1, 1995.
(3) Violations of criminal laws of other states or of the United States that occur before, on, or after December 1, 1995, and that are substantially similar to the *H28-v-2* General Assembly Of North Carolina Session 2025 crimes covered in subdivision (1) which are punishable where committed by imprisonment for a term exceeding one year.
When a person is charged under this section, records of prior convictions of anyoffense, whether in the courts of this State, or in the courts of any other state or of the United States, shall be admissible in evidence for the purpose of proving a violation of this section.
The term "conviction" is defined as a final judgment in any case in which felony punishment, or imprisonment for a term exceeding one year, as the case may be, is authorized, without regard to the plea entered or to the sentence imposed.
A judgment of a conviction of the defendant or a plea of guilty by the defendant to such an offense certified to a superior court of this State from the custodian of records of any state or federal court shall be prima facie evidence of the facts so certified.
(c) Theindictmentchargingthedefendantunderthetermsofthissectionshallbeseparate from any indictment charging him with other offenses related to or giving rise to a charge under this section.
An indictment which charges the person with violation of this section must set forth the date that the prior offense was committed, the type of offense and the penalty therefor, and the date that the defendant was convicted or plead guilty to such offense, the identity of the court in which the conviction or plea of guilty took place and the verdict and judgment rendered therein.
(d) This section does not apply to a person who, pursuant to the law of the jurisdiction in which the conviction occurred, has been pardoned or has had his or her firearms rights restored if such restoration of rights could also be granted under North Carolina law.
(e) This section does not apply and there is no disentitlement under this section if the felony conviction is a violation under the laws of North Carolina, another state, or the United States that pertains to antitrust violations, unfair trade practices, or restraints of trade." SECTION 2.
Page 2 House Bill 28-Second28-First Edition