GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1989

H	1 

HOUSE BILL 1326

Short Title:  Regulate AKA Assault Rifles.	(Public)
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Sponsors: Representatives Blue; and Hardaway.
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Referred to:  Judiciary.
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April 12, 1989

A BILL TO BE ENTITLED
AN ACT TO REGULATE THE SALE AND POSSESSION OF ASSAULT WEAPONS.
The General Assembly of North Carolina enacts:
Section 1.  Chapter 14 of the General Statutes is amended by adding a new Article to read:
“ARTICLE 53B.
"Assault Weapons.
"§ 14-409.20. Purpose.
The General Assembly finds that the proliferation and use of assault weapons poses a threat to the health, safety, and security of all citizens of this State.  As used in this Article, ‘assault weapon' generally means a firearm of such a nature  and with such a high rate of fire and capacity for firepower that its function as a legitimate sports and recreational firearm is substantially outweighed by the danger that it can be used to kill and injure human beings.  It is, therefore, the intent of the General Assembly in enacting this Article to place restrictions on the use of these assault weapons and to establish a registration and permit procedure for their lawful sale and possession.  It is not, however, the intent of the General Assembly to place restrictions on the use of those weapons which are primarily designed and intended for hunting, target practice, or other legitimate sorts or recreational activities.
"§ 14-409.21. Definitions.
(a)	For purposes of this Article, the terms listed below shall have the following meanings:
(1)	‘Rifle' means a weapon, whether it is intended to be fired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed cartridge and is not a pistol.
(2)	‘Semiautomatic' means a weapon which fires a single projectile for each single pull of the trigger and which employs a magazine.
(3)	‘Shotgun' means a weapon, whether it is intended to be fired from the shoulder, that is designed or redesigned, made or remade, to fire a fixed shotgun shell.
(b)	For purposes of this Article, ‘assault weapon' includes all of the following:
(1)	All semiautomatic action, centerfire rifles that accept detachable magazines with a capacity of 20 rounds or more.
(2)	All semiautomatic shotguns with a barrel of less than 19 inches and a folding stock or a magazine capacity of more than six rounds.
(3)	All semiautomatic pistols that are modifications of rifles; that is, having the same make, caliber, and action design but a shorter barrel and no rear stock, or that are semiautomatic weapons originally designed to accept magazines with a capacity of 20 rounds or more.
(4)	Any firearm which may be readily restored to an operable assault weapon.
(5)	Any part, or combination of parts, designed or intended to convert a firearm into an assault weapon, or any combination or parts from which an assault weapon may be readily assembled if those parts are in the possession or under the control of the same person.
(c)	As used in this Article, ‘assault weapon' does not include any of the following:
(1)	All weapons that do not use fixed ammunition, all weapons that were in production prior to 1898, all manually operated bolt-action weapons, all lever-action weapons, all slide-action weapons, all single-shot weapons, all multiple-barrel weapons, all revolving-cylinder weapons, all semiautomatic weapons that use exclusively Mannlicher-style clips, all semiautomatic weapons in production prior to 1954, and all rimfire weapons that employ a tubular magazine.
(2)	Any short-barreled shotgun.
(3)	Any short-barreled rifle.
(4)	Any antique or relic firearm, or movie prop.
(5)	Any firearm that uses .22 caliber rimfire ammunition.
(6)	Any firearm that is declared to be a legitimate sports or recreational firearm by the Assault Weapons Commission pursuant to G.S. 14-409.26.
(7)	Any assault weapon which has been modified either to render it permanently inoperable or to permanently make it a device no longer defined as an assault weapon.
(d)	Except as specifically stated in this section, the provisions of this section are independent of, and supplemental to, any other provisions of law, and nothing shall prevent a device defined as an ‘assault weapon' in this section from also being regulated under other provisions of law.
"§ 14-409.22.  Unlawful activities.
Any person, firm, or corporation, who within this State manufactures or causes to be manufactured, imports into the State, keeps for sale, or offers or exposes for sale, or who gives, lends, or possesses any assault weapon, except as provided by this Article, is guilty of a misdemeanor and upon conviction shall be punished by imprisonment not to exceed one year.  Notwithstanding  any other provision of law, any person who commits another crime while violating this Article may receive an additional, consecutive punishment of one year for violating this Article in addition and consecutive to the punishment.
"§ 14-409.23. Registration and permits.
(a)	Any individual who lawfully possesses an assault weapon, as defined in G.S. 14-409.21, prior to October 1, 1989, shall register the firearm by January 1, 1991, with the Department of Justice pursuant to such procedures as the department may establish.  The registration shall contain a description of the firearm that identifies it uniquely, including all identification marks, the full name, address, date of birth, and fingerprints of the owner, and such other information as the department may deem appropriate.  Any change of address of the owner must be registered with the department within 90 days of the change.  The department may charge a fee for registration not to exceed the actual processing costs of the department.
(b)	No assault weapon possessed pursuant to this Article may be sold or transferred on or after January 1, 1990, to anyone within this State other than to a licensed gun dealer as defined in G.S. 14-409.25.  Any individual who obtains title to an assault weapon registered under this Article by bequest or intestate succession must, within 90 days, either render the weapon inoperable in accordance with G.S. 14-409.21(c)(7), sell the weapon to a licensed gun dealer, obtain a permit from the Department of Justice in the manner provided by this Article, or remove the weapon from this State.
(c)	A person who has registered an assault weapon acquired prior to October 1, 1989, under this Article may possess it only under the following conditions:
(1)	At that person's residence, place of business, or other property owned by that person, or on property owned by another with the owner's express permission.
(2)	While on the premises of a target range of a public or private club or organization organized for the purpose of practicing shooting at targets.
(3)	While on a target range which holds a regulatory or business license for the purpose of practicing shooting at that target range.
(4)	While on the premises of a shooting club.
(5)	While attending any exhibition of firearms and which is sponsored by, conducted under the auspices of, or approved by a law enforcement agency or a nationally or State recognized entity that fosters proficiency in, or promotes education about, firearms.
(d)	No person under the age of 18 years and no person described in G.S. 14-415.1 may register or possess an assault weapon.
"§ 14-409.24.  Permit to acquire assault weapon.
Any individual who acquires or wishes to acquire any assault weapon in existence on or after October 1, 1989, must first obtain a permit from the Department of Justice in the manner provided by this Article.
"§ 14-409.25.  Licensed gun dealers.
(a)	Any licensed gun dealer as defined in subsection (b), who lawfully possesses an assault weapon pursuant to G.S. 14-409.23, in addition to the uses allowed in G.S. 14-409.23, may transport the weapon between dealers or out of the State, display it at any gun show licensed by a State or local governmental entity, or sell it to a resident outside the State.
(b)	The term ‘licensed gun dealer,' as used in this Article means a person who has a federal firearms license and any business license required by a State or local governmental entity.
"§ 14-409.26.  Assault Weapons Commission.
(a)	There is created the Assault Weapons Commission within the Department of Justice which shall consist of nine members, appointed as follows:  the Director of the State Bureau of Investigation, Department of Justice, who shall be the presiding officer; the Executive Director of the North Carolina Wildlife Resources Commission, a district attorney, who shall be appointed by the Governor; a sheriff of a county with a population under 200,000, who shall be appointed by the Governor; a chief of police of a city with a population over 150,000,  who shall be appointed by the Governor; a sheriff of a county with a population over 200,000 who shall be appointed by the Speaker of the House; a chief of police of a city with a population over 150,000, who shall be appointed by the President Pro Tempore of the Senate; a member of a broad-based organization representing hunters or others who use firearms for sports and recreational purposes, who shall be appointed by the President Pro Tempore of the Senate; and a member of a broad-based peace officer organization, who shall be appointed by the Speaker of the House of Representatives.
The Executive Director of the North Carolina Wildlife Resources Commission and the Director of the State Bureau of Investigation, Department of Justice, shall serve as ex officio members.  Each of the other members shall serve two-year terms, except that for the initial term after enactment of this section the district attorney, the sheriff of a county with a population under 200,000, the member of a broad-based organization representing hunters or others who use firearms for sports or recreational purposes, and the member of a broad-based peace officer organization shall serve for one year.
Members of the commission shall be entitled to a reasonable per diem and reimbursement for other expenses necessary to the fulfillment of their duties, and staff and administrative support shall be provided as appropriate by the Director of the State Bureau of Investigation.  The commission shall meet from time to time as is necessary to perform its duties.
(b)	The commission, as soon as is practical, shall adopt rules and regulations establishing procedures for determining whether particular firearms are legitimate sports or recreational firearms.  The adoption of the rules and regulations shall be adopted  in accordance with the provisions of Chapter 150B.  The rules and regulations shall provide for the speedy resolution of petitions filed pursuant to subsection (d). Copies of the rules and regulations shall be made available to the public and published in the North Carolina Register.
(c)	In determining whether a firearm is a legitimate sports or recreational firearm, the commission shall consider the findings and intent set forth in G.S. 14-409.20.
The commission shall specifically consider the usefulness and actual use of the firearm for hunting, target practice, or other sports or recreational activities, as well as the firearm's history of and potential for use in criminal activity.
In general, a shorter length than that of widely accepted hunting or other recreational firearms, the use of a folding stock, an original design for military use, a greater rate of fire or firing capacity than reasonably necessary for legitimate sports or recreational activities, or a uniquely and particularly lethal nature, are factors indicating that a firearm is not a legitimate sports or recreational firearm.
(d)	Any licensed gun dealer, as defined in G.S. 14-409.25, or any manufacturer of any firearm which is described in G.S. 14-409.21 may petition the commission to have that firearm declared to be a legitimate sports or recreational firearm under the procedures established under this Article.  The commission may impose a fee for each petition not to exceed the actual cost of investigating and processing the petition.
(e)	The commission shall notify the General Assembly within seven days of any findings made under this Article.  No decision by the commission under this Article shall become effective for 90 days."
Sec. 2.  This act shall become effective October 1, 1989.