GENERAL ASSEMBLY OF NORTH CAROLINA

EXTRA SESSION 1994

S	1 

SENATE BILL 127*

Short Title:  No Gun Permit/Civil Liability.	(Public)
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Sponsors: Senator Cooper.
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Referred to:  Courts.
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February 15, 1994

A BILL TO BE ENTITLED
AN ACT TO MAKE SELLING OR TRANSFERRING OF A PISTOL OR CROSSBOW WITHOUT OBTAINING A PERMIT NEGLIGENCE PER SE IN ANY CIVIL ACTION RESULTING FROM THE CRIMINAL MISUSE OF THE PISTOL OR CROSSBOW.
The General Assembly of North Carolina enacts:
Section 1.  G.S. 14-402(a) reads as rewritten:
"(a)	It shall be 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 license or permit therefor has first been obtained by the purchaser or receiver from the sheriff of the county in which that purchaser or receiver resides, and the permit is delivered to the transferor at the time of purchase or receipt.
It shall be 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 guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or imprisoned not less than 30 days nor more than six months, or both, in the discretion of the court.  In any civil action for damages resulting from the criminal misuse of a pistol or crossbow, the selling, giving away, or transferring of the pistol or firearm in violation of this Article shall be negligence per se."
Sec. 2.  G.S. 14-406 reads as rewritten:
"§ 14-406.  Records to be maintained.
Every dealer in or transferor of pistols and other weapons mentioned in this Article shall keep and maintain an accurate record of all sales and transfers thereof, including the name, place of residence, date of sale or transfer, the permit issued by the authorized state official, etc., of each person, firm, or corporation to whom or which such sales or transfers are made, which record shall be open to the inspection of any duly constituted State, county or municipal law enforcement officer, within this State."
Sec. 3.  G.S. 14-409.1(a) reads as rewritten:
"(a)	It shall be 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 license or permit therefor has first been obtained by the purchaser or receiver from the clerk of the superior court of the county in which that purchaser or receiver resides, and the permit is delivered to the transferor at the time of purchase or receipt.
It shall be 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 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 clerk of superior court as provided in G.S. 14-409.2.  Any person violating the provisions of this section shall be guilty of a misdemeanor, and upon conviction thereof shall be fined not less than fifty dollars ($50.00) nor more than two hundred dollars ($200.00), or imprisoned not less than 30 days nor more than six months, or both, in the discretion of the court.  In any civil action for damages resulting from the criminal misuse of a pistol or crossbow, the selling, giving away, or transferring of the pistol firearm in violation of this Article shall be negligence per se."
Sec. 4.  G.S. 14-409.5 reads as rewritten:
"§ 14-409.5.  Records to be maintained.
Every dealer in or transferor of pistols and other weapons mentioned in this Article shall keep and maintain an accurate record of all sales and transfers thereof, including the name, place of residence, date of sale or transfer, the permit issued by the authorized state official, etc., of each person, firm, or corporation to whom or which such sales or transfers are made, which record shall be open to the inspection of any duly constituted State, county or municipal law enforcement officer, within this State."
Sec. 5.  This act becomes effective July 1, 1994, and applies to sales, gifts, or transfers made on or after that date.