GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

S                                                                                                                                                     2

SENATE BILL 991*

Judiciary II Committee Substitute Adopted 5/18/05

Short Title:     Authorize Judge/Concealed Weapon in Cths.	(Public)
Sponsors:
Referred to:

March 24, 2005

A BILL TO BE ENTITLED

AN ACT to provide that a district court judge or superior court judge who has a concealed handgun permit may carry or possess a concealed handgun While in a courthouse to discharge official duties.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑269.4 reads as rewritten:

"§ 14‑269.4.  Weapons on State property and in courthouses.

(a)       It shall be unlawful for any person to possess, or carry, whether openly or concealed, any deadly weapon, not used solely for instructional or officially sanctioned ceremonial purposes in the State Capitol Building, the Executive Mansion, the Western Residence of the Governor, or on the grounds of any of these buildings, and in any building housing any court of the General Court of Justice. If a court is housed in a building containing nonpublic uses in addition to the court, then this prohibition shall apply only to that portion of the building used for court purposes while the building is being used for court purposes.

(b) This section Subsection (a) of this section shall not apply to:

(1)       Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997.

(1a)     A person exempted by the provisions of G.S. 14‑269(b),

(2)       through (4) Repealed by S.L. 1997‑238, s. 3, effective June 27, 1997.

(4a)     Any person in a building housing a court of the General Court of Justice in possession of a weapon for evidentiary purposes, to deliver it to a law‑enforcement agency, or for purposes of registration,

(4b) Any district court judge or superior court judge who carries or possesses a handgun in a building housing a court of the General Court of Justice if the judge is in the building to discharge the judge's official duties and the judge has a concealed handgun permit issued under Article 54B of this Chapter or considered valid under G.S. 14‑415.24. If a judge displays or openly possesses the handgun, the judge shall also take reasonable precautions to prevent other persons from obtaining unauthorized possession of the weapon.

(5)       State‑owned rest areas, rest stops along the highways, and State‑owned hunting and fishing reservations.

(c)       Any person violating the provisions of this section shall be guilty of a Class 1 misdemeanor."

SECTION 2.  This act is effective when it becomes law.