GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

S                                                                                                                                                     1

SENATE BILL 5*

 

 

 

 

Short Title:     Continuing Crossbow Permit/Dealers & Manufac.

(Public)

Sponsors:

Senator Stevens.

Referred to:

Commerce.

January 29, 2009

A BILL TO BE ENTITLED

AN ACT to provide that a corporation that is a manufacturer, wholesale dealer, or retail dealer of crossbows that obtains a permit for the sale, receipt, or other transfer of a crossbow is deemed to have a continuing permit that authorizes the future sale, giveaway, transfer, purchase, or receipt of crossbows by the corporation and to provide that the record‑keeping requirement for sales of crossbows does not apply to a manufacturer of crossbows and does not apply to a wholesale dealer of crossbows when the sales are to other wholesale dealers or retail dealers.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14‑406.1.  Permit issued to manufacturer, wholesale dealer, or retail dealer of crossbows deemed to be a continuing permit.

(a)        Notwithstanding any other provision of this Article, if a corporation that is a manufacturer of crossbows, wholesale dealer of crossbows, or retail dealer of crossbows obtains a permit pursuant to this Article for the sale, giveaway, transfer, purchase, or receipt of a crossbow, the permit is deemed to be a continuing permit with no expiration date that satisfies the permitting requirements under this Article for each future sale, giveaway, transfer, purchase, or receipt of a crossbow by the corporation.

(b)        A sheriff who issues a continuing permit under this section shall note in writing on the permit that, pursuant to this section, the permit is deemed to be a continuing permit with no expiration date.

(c)        Notwithstanding G.S. 14‑402, a manufacturer of crossbows, wholesale dealer of crossbows, or retail dealer of crossbows that is issued a permit under this section may receive a crossbow delivered to the manufacturer, wholesale dealer, or retail dealer in the course of business without exhibiting the continuing permit to the person delivering the crossbow."

SECTION 2.  G.S. 14‑402(c) reads as rewritten:

"(c)       The following definitions apply in this section:Article:

(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 device is mechanically held at full or partial draw and released by a trigger or similar mechanism that 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.

(5)        Manufacturer of crossbows. – A corporation that manufactures or produces crossbows.

(6)        Retail dealer of crossbows. – A corporation that sells crossbows to the ultimate consumer of the product.

(7)        Wholesale dealer of crossbows. – A corporation that acquires crossbows for sale to another wholesale dealer of crossbows or to a retail dealer of crossbows."

SECTION 3.  G.S. 14‑406 reads as rewritten:

"§ 14‑406.  Dealer to keep record of sales.

(a)        Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State.

(b)        This section does not apply to any of the following:

(1)        A manufacturer of crossbows.

(2)        A wholesale dealer of crossbows for any sale that is either to another wholesale dealer of crossbows or to a retail dealer of crossbows."

SECTION 4.  This act is effective when it becomes law.