GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2003

H                                                                                                                                                    2

HOUSE BILL 817

Senate Judiciary I Committee Substitute Adopted 6/15/04

 

 

 

Short Title:     Gun Sale Legal w/Concealed Handgun Permit.

(Public)

Sponsors:

 

Referred to:

 

April 1, 2003

A BILL TO BE ENTITLED

AN ACT TO PROVIDE THAT A PISTOL MAY BE PURCHASED BY A PERSON WHO HAS A CONCEALED HANDGUN PERMIT WITHOUT OBTAINING AN ADDITIONAL PERMIT TO PURCHASE A HANDGUN and TO authorize the division of motor vehicles to issue a national rifle association special registration plate.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14-402 reads as rewritten:

"§ 14-402.  Sale of certain weapons without permit forbidden.

(a)       It shall be is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol or crossbow unless a unless: (i) a license or permit therefor has is first been obtained under this Article by the purchaser or receiver from the sheriff of the county in which that the purchaser or receiver resides.resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase.

It shall be is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol or crossbow without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14-403. Any person violating the provisions of this section shall be is guilty of a Class 2 misdemeanor.

(b)       This section does not apply to an antique firearm or an historic edged weapon.

(c)       The following definitions apply in this section:

(1)       Antique firearm. - Defined in G.S. 14-409.11.

(2)       Bolt. - A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.

(3)       Crossbow. - A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand-held stock. This devise [device] is mechanically held at full or partial draw and released by a trigger or similar mechanism which is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.

(4)       Historic edged weapon. - Defined in G.S. 14-409.12."

SECTION 2.  G.S. 20-79.4(b) reads as rewritten:

"(b)      Types. - The Division shall issue the following types of special registration plates:

(28)(27i)  National Guard Member. - Issuable to an active or a retired member of the North Carolina National Guard. The plate shall bear the phrase "National Guard". A plate issued to an active member shall bear a number that reflects the seniority of the member; a plate issued to a commissioned officer shall begin with the number "1"; a plate issued to a noncommissioned officer with a rank of E7, E8, or E9 shall begin with the number "1601"; a plate issued to an enlisted member with a rank of E6 or below shall begin with the number "3001". The plate issued to a retired or separated member shall indicate the member's retired status.

(28)     National Rifle Association. - Issuable to the registered owner of a motor vehicle. The plate may bear a phrase or insignia representing the National Rifle Association of America. The Division shall not use the name and logo of the National Rifle Association of America on the plate unless the National Rifle Association of America licenses, without charge, the State to use the name and logo on the plate. The Division must receive 300 or more applications for the plate before it may be developed."

SECTION 3.  This act is effective when it becomes law.