Hb-650

[jerry12]

We need to call or email our state reps the parking lot part of HB-650 has been taking out we need to stress to our state reps to put it back in.


Omnibus Firearm Bill in North Carolina Still a Strong Pro-Gun Bill Despite Amendment Eliminating Parking Lot Language

Wednesday, June 08, 2011

House Bill 650, the NRA-backed omnibus firearm bill, passed second reading on Tuesday afternoon. Unfortunately, an anti-gun amendment introduced by state Representative Chuck McGrady (R-117) was adopted by a narrow 59 to 57 vote. This amendment eliminated the Parking Lot language that would have barred any business from prohibiting Right-to-Carry permit holders from storing firearms in their vehicles while parked on the property of that business. Several state Representatives who have historically supported gun owners cast surprising votes in favor of this amendment. Those Representatives include:

William Brisson (D-22)
Harold Brubaker (R-78)
Jim Crawford (D-32)
Leo Daughtry (R-26)
Jerry Dockham (R-80)
Nelson Dollar (R-36)
W. David Guice (R-113)
Julia Howard (R-79)
Marvin Lucas (D-42)
William McGee (R-75)
W. C. Owens (D-1)
Johnathan Rhyne (R-97)
Joe Tolson (D-23)
William Wainwright (D-12)
Michael Wray (D-27)

In addition, state Representative Brian Holloway (R-91) did not vote, although he was present. Had any of these Representatives stuck with their history of supporting the Second Amendment, the McGrady amendment would have failed. While there was no stated opposition to H 650 during the committee hearing when it passed, and no opposition presented by the business community, Representatives McGrady and Paul Stam (R-37) joined with devout anti-gun state Representatives Joe Hackney (D-54) and Deborah Ross (D-38) to promote removal of the parking lot provision. Those in favor of the amendments focused their arguments in defense of business interests, even though the business community had failed to raise objections.

The bill passed third reading on Tuesday evening after another hostile amendment, introduced by state Representative Ray Rapp (D-118), was defeated. This amendment would have removed language that allows Right-to-Carry permit holders to transport and store firearms in their vehicles when on school property. This bill now heads to the Senate.

H 650 makes many improvements to North Carolina's firearm laws, in spite of the anti-gun McGrady amendment. It contains Castle Doctrine language, Fraudulent Firearms Purchase language, ensures North Carolina law mirrors federal law relating to purchasing rifles and shotguns by North Carolina residents in other states and by non-residents of North Carolina when purchasing in North Carolina, establishes a straight recognition standard for North Carolina honoring valid Right-to-Carry permits issued by other states, and other improvements.

Representative Hilton deserves a great deal of thanks for working on this legislation, and he worked closely not only with the NRA to ensure its passage, but also with others who may have opposed the bill. Thanks to Representative Hilton, many groups that may have opposed this bill remained neutral.

To thank Representative Hilton for his dedication in passing legislation to protect your Second Amendment rights, please call him at 919-733-5988, or send an e-mail to [email protected].

With this year's legislative session winding down, and most of the interests of the pro-gun community now in the hands of the Senate, it is imperative that you contact your state Senator and urge him or her to support H 650, as well as H 111, the Restaurant and Parks Right-to-Carry reform bill. In addition, urge your Senator to work with the NRA to ensure passage of these, and other important pro-gun reforms. To find your state Senator’s contact information, please click here.

 

[jlamb]

The parking lot portions are there. Governor Perdue signed the bill yesterday. It goes into effect on Dec 1.

North Carolina General Assembly - House Bill 650 Information/History (2011-2012 Session)

 

[cartisdm]

This is great news! Does anyone have an interpretation of the law? I know what stuff was on the bill beforehand but did all of it get approved? Specifically:

- allowed in restaurants that serve alcohol
- castle law specifics (does it include your vehicles and such?)
- jlamb, you mentioned parking lots, is that about storing your gun in your car while at work?

 

[jlamb]

This is great news! Does anyone have an interpretation of the law? I know what stuff was on the bill beforehand but did all of it get approved? Specifically:

- allowed in restaurants that serve alcohol
- castle law specifics (does it include your vehicles and such?)
- jlamb, you mentioned parking lots, is that about storing your gun in your car while at work?

Allowed in restaurants didn't make the cut. It was considered to be a "lightening rod" issue and was removed. That particular provision is still in HB 111, but it hasn't had any traction since April. Probably dead now.

Castle Doctrine has been updated to include your vehicle and place of employment. There is also no longer a duty to retreat in your home, vehicle or place of employment. It is now assumed that the BG is going to commit severe bodily harm or death simply by forcibly entering your home, vehicle or place of employment. The requirement of force = force is still there. So you can't use deadly force if the BG has fled or is otherwise unable to continue harming you or the person you're protecting.

Parking lots... yes. You can store your handgun in a lockable container (glovebox, etc.) in your vehicle while at work or on State property where you can't carry into the building/office.

You can conceal carry in State parks.

You can conceal carry in financial institutions as long as there is no signage posted stating otherwise.

Remember none of this goes into effect until December 1st, 2011.

EDIT: Update to the parking lots piece. The final bill does NOT include the "handgun in locked container in locked vehicle at place of employment". It's still in HB111. But that bill will not be heard again until next year's legislative session unfortunately.

 

[jlamb]

Another cool item in this bill is the wait time for CHP's. It has been cut in half from 90 to 45 days.

 

[cartisdm]

Great stuff!!! Thanks for the clarification. I will be taking my CCW course on the 9th and since these news laws don't go into effect until Dec 1st, I guess I still have to wait 90 days Oh well. I am going to look into a small lock box to keep under the seat of my car so I can store while at work.

Way to go NC!!

 

[Grognard Gunny]

Actually, the 90 days bit is the maximum... generally the waiting time is shorter. Wife and I went 4 (5?) weeks in Guilford Co. a couple of years ago. All depends on how busy they are at the County S.O.

I'm glad we finally got that Bill through. Before the last election, between that Committee Chair that "sat on" this Bill since forever and the rest of the Dems, it was tough sledding for while. The last election made all the difference...... See? Elections DO have consequences!

GG

 

[Couch Potato]

Another cool item in this bill is the wait time for CHP's. It has been cut in half from 90 to 45 days.

While it might appear at first reading the time is reduced, the count of the 90 days was from the time the application was submitted, but the 45 days does not begin until both the application and the mental health clearance are received. That means the count of the 45 days may be long after the application is submitted and may start at a time unknown to the applicant. On the bright side it also means a crazy person can't get a permit just because the mental health report took more than 90 days to arrive at the sheriff's office.

SL 2011-628 is a great improvement, but it is not all I had hoped it would be. At least defense decision are much simpler as of December 1st.