GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2023
SESSION LAW 2023-8
SENATE BILL 41
AN ACT to AUTHORIZE CONCEALED CARRY PERMIT HOLDERS TO CARRY FIREARMS ON CERTAIN SCHOOL PROPERTY AT CERTAIN TIMES AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES, TO REPEAL PISTOL PURCHASE PERMITS, AND to launch a statewide firearm safe storage awareness initiative to educate the public about the importance of the safe storage of firearms and to facilitate the distribution of gun locks.
The General Assembly of North Carolina enacts:
PART I. PROTECT RELIGIOUS MEETING PLACES
SECTION 1.(a) G.S. 14‑269.2(a) is amended by adding a new subdivision to read:
"(1c) School operating hours. – Any time when any of the following occur:
a. The premises are being used for curricular or extracurricular activities.
b. The premises are being used for educational, instructional, or school‑sponsored activities.
c. The premises are being used for programs for minors by entities not affiliated with the religious institution."
SECTION 1.(b) G.S. 14‑269.2 is amended by adding a new subsection to read:
"(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) The person possesses and carries a handgun on educational property other than an institution of higher education as defined by G.S. 116‑143.1 or a nonpublic, 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.(c) G.S. 14‑415.11(c) reads as rewritten:
"(c) Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:
(1) Areas prohibited by
G.S. 14‑269.2, 14-269.3, and 14-277.2.except as allowed
under G.S. 14‑269.2(k1).
(1a) Areas prohibited by G.S. 14‑269.3 and G.S. 14‑277.2.
…."
SECTION 1.(d) G.S. 14‑415.27 reads as rewritten:
"§ 14‑415.27. Expanded permit scope for certain persons.
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:
…
(10) For only a law enforcement facility covered under G.S. 14‑415.11(c)(5), a person employed by a law enforcement agency who (i) is not a law enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C or 17E of the General Statutes, (ii) has been designated in writing by the head of the law enforcement agency in charge of the facility, (iii) has in the person's possession written proof of the designation, and (iv) has not had the designation rescinded by the head of the law enforcement agency in charge of the facility. Nothing in this subdivision shall be construed as prohibiting the head of the law enforcement agency in charge of a facility from rescinding any written designation described in this subdivision."
SECTION 1.(e) Subsection (d) of this section becomes effective July 1, 2023, and applies to offenses committed on or after that date. The remainder of this section becomes effective December 1, 2023.
PART II. REPEAL PISTOL PURCHASE PERMITS
SECTION 2.(a) G.S. 14‑402 through G.S. 14‑405 and G.S. 14‑407.1 are repealed.
SECTION 2.(b) G.S. 14‑315(b1)(1) is repealed.
SECTION 2.(c) G.S. 122C‑54(d2) is repealed.
SECTION 2.(d) Prosecutions for offenses committed before the effective date of this section are not abated or affected by this section, and the statutes that would be applicable but for this section remain applicable to those prosecutions.
SECTION 2.(e) This section is effective when it becomes law and applies to pistols sold, given away, transferred, purchased, or received on or after that date.
PART III. FIREARM SAFE STORAGE AWARENESS INITIATIVE
SECTION 3.(a) Firearm Safe Storage Awareness Initiative. – The Department of Public Safety (Department), in collaboration with the Department of Health and Human Services and the Wildlife Resources Commission (Commission), shall launch a two‑year statewide firearm safe storage awareness initiative to educate the public about the importance of the safe storage of firearms and to facilitate the distribution of gun locks. The initiative required under this section shall include the development of (i) the website and toolkit required under subsection (b) of this section and (ii) the outreach process required under subsection (c) of this section.
SECTION 3.(b) Development of Website and Toolkit. – The Department shall develop a website to provide information to the public about (i) the importance of the safe storage of a firearm, especially with respect to access by children and youth, (ii) methods for safely storing a firearm, (iii) contact information for obtaining free gun locks, if available, (iv) information on State laws related to the safe storage of firearms, (v) links to webpages for various resources related to firearm safety such as resources addressing domestic violence, hunter education, and suicide prevention, and (vi) access to a toolkit of information that local communities may use to launch firearm safe storage initiatives at the local level. The toolkit shall provide materials and resources that may be tailored to a community's needs and used for launching local education and awareness campaigns, events, and local groups focused on firearm safe storage and the distribution of free or discounted gun locks. The website and toolkit required under this section shall be developed by July 1, 2024.
SECTION 3.(c) Development of State‑Coordinated Outreach. – Upon development of the website and toolkit required under subsection (b) of this section, the Department shall develop and implement an outreach process for disseminating the information and toolkit described in subsection (b) of this section to the public and to local communities, as well as the provision of technical assistance to local communities to assist them in utilizing the toolkit to launch local initiatives.
SECTION 3.(d) Use of Third‑Party Entity. – The Department may contract with a third‑party entity with relevant expertise related to public health and injury prevention to launch the firearm safe storage awareness initiative required under subsection (a) of this section.
SECTION 3.(e) Prohibition on Advocacy. – The firearm safe storage awareness initiative required under subsection (a) of this section and any State funds used to launch and maintain the initiative shall not be used to advocate, promote, or lobby for the creation of new or the revision of existing laws regulating firearms. The firearm safe storage awareness initiative and any State funds used to launch or maintain the initiative shall only be used for the purposes set forth in subsections (b) through (d) of this section and only to explain and promote existing laws regulating firearms and best practices for firearm storage and safety.
SECTION 3.(f) Report. – The Department of Public Safety, in collaboration with the Department of Health and Human Services and the Wildlife Resources Commission, shall submit a report to the Joint Legislative Oversight Committee on Health and Human Services detailing the progress in meeting the requirements set forth in subsection (a) of this section. The report required under this subsection shall be submitted by September 1, 2024.
SECTION 3.(g) This section becomes effective July 1, 2023.
PART IV. EFFECTIVE DATE
SECTION 4. Except as otherwise provided, this act is effective when it becomes law.
In the General Assembly read three times and ratified this the 16th day of March, 2023.
s/ Phil Berger
President Pro Tempore of the Senate
s/ Tim Moore
Speaker of the House of Representatives
VETO Roy Cooper
Governor
Became law notwithstanding the objections of the Governor at 9:40 a.m. this 29th day of March, 2023.
s/ Mr. James White
House Principal Clerk