GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 1995

H	2 

HOUSE BILL 919
Committee Substitute Favorable 5/4/95

Short Title:  Handgun Sales Range Protection.	(Public)

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Sponsors:

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Referred to:  

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April 12, 1995

A BILL TO BE ENTITLED
AN ACT TO AMEND THE STATE'S GUN LAWS.
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.
"Handguns.
"§ 14-409.20.  Legislative intent.
(a)	It is the intention of this Article to establish State laws which are consistent with the policy and terms of the federal Brady Handgun Violence Protection Act by providing a State background check law.
(b)	This Article shall in all respects be construed and administered in conformity with the provisions of the federal Brady Handgun Violence Protection Act.  Without limiting the generality of the foregoing, it is specifically intended that this Article shall constitute a State law requiring verification by a State official that information available does not indicate that possession of a handgun by a proposed transferee would be in violation of law, as authorized under 18 U.S.C. § 922(s)(1)(D).
"§ 14-409.21.  Definitions.
The following definitions apply in this Article:
(1)	Dealer. – Any person licensed as a dealer pursuant to 18 U.S.C. § 921, et seq., and G.S. 105-80.
(2)	Department. – Department of Justice.
(3)	Handgun. – A pistol, revolver, or other gun that has a short stock and is designed to be held and fired by the use of a single hand.
(4)	Involuntarily committed. – Hospitalized as an inpatient in any mental health facility pursuant to Article 5 of Chapter 122C of the General Statutes or hospitalized as an inpatient in any mental health facility as a result of being adjudicated mentally incompetent to stand trial or being adjudicated not guilty by reason of insanity at the time of the crime pursuant to Article 80 of Chapter 15A of the General Statutes.
"§ 14-409.22.  Sale and delivery of handguns.
(a)	On and after January 1, 1996, no dealer licensed pursuant to 18 U.S.C. § 923 or G.S. 105-80 shall sell or deliver from his or her business inventory at his or her licensed premises any handgun to another person, other than a licensed importer, licensed manufacturer, licensed dealer, or licensed collector, until:
(1)	The dealer has obtained a completed consent form from the potential buyer or transferee.  The form shall have been promulgated by the Department and provided by the licensed dealer.  The form shall include only the name, birth date, gender, race, and social security number or other identification number of the potential buyer or transferee;
(2)	The dealer has inspected identification containing a photograph of the potential buyer or transferee;
(3)	The dealer has requested, by means of a toll-free telephone call, that the Department conduct a criminal history records check;
(4)	The dealer has received a unique transaction number for that inquiry from the Department verifying that the information available to the Department does not indicate that possession of a handgun by the transferee would be in violation of federal or State law; and
(5)	The dealer has recorded the date of receipt of the identifying number and the number on the consent form.
(b)	The Department jointly with the Administrative Office of the Courts and the Department of Human Resources shall report to the General Assembly no later than May 1, 1996, on the feasibility and costs of including an involuntary commitment records check on records to be made electronically available to the agency.  Such report shall recommend changes in this Article and in confidentiality statutes that might be necessary to implement such a check.
"§ 14-409.23.  Instant criminal history records check.
(a)	Upon receipt of a request for a criminal history records check, the Department shall immediately, during the dealer's call or by return call:
(1)	Review all criminal history records electronically available to the Department to determine if the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to State or federal law; and
(2)	Inform the dealer making the inquiry that its records demonstrate that the potential buyer or transferee is so prohibited or provide the dealer with a unique transaction number.
(b)	In the event that the electronic check of records available to the Department as provided in subsection (a) of this section reveals the existence of a criminal history record not immediately available to the Department so as to determine the eligibility of the potential buyer to purchase a handgun, the Department shall in the same call or return call advise the dealer of such existing, but not immediately available record.  In that event, the dealer shall not complete the sale of the handgun until the Department advises the dealer that information subsequently received as a result of that request shows that the potential buyer is not prohibited from receiving or possessing a handgun under State or federal law.  The Department shall advise the dealer as soon as the information is received.
(c)	If a person has been convicted of a felony and is prohibited from purchasing the handgun under federal law, but G.S. 14-415.1 permits the person to possess the handgun on that person's premises, the Department shall not issue a unique identification number to the dealer as part of the telephone call or return telephone call under this Article.  The Department shall issue the number if that person provides evidence to the Department, in accordance with procedures established by the Department, that G.S. 14-415.1 would permit the person to purchase the gun.
"§ 14-409.24.  Problems preventing check from completion by end of day; exception for calls received near end of day.
(a)	In the event of electronic failure, scheduled computer downtime, or similar emergency beyond the control of the Department or center which prevents or delays the checks from being made as provided in G.S. 14-409.23, the Department shall immediately notify the requesting dealer of the reason for, and estimated length of, the delay.  If the delay is expected to extend beyond the close of business of the day the request is made, the firearm dealer may complete the transaction immediately without being in violation of this Article.  After the notification, the Department shall immediately, and in no event later than the end of the day the request is made by the dealer, either inform the requesting dealer if its records demonstrate that the potential buyer is prohibited from receipt or possession of a handgun under State or federal law or provide the dealer a unique transaction number.  Unless notified by the close of business the day the request is made that the potential buyer is so prohibited, and without regard to whether the potential buyer has received a unique transaction number, the dealer may complete the transaction and shall not be deemed in violation of this Article. Notwithstanding any other provision of this section, if the call is received in the 30 minutes prior to the end of the business day, then a response no later than 30 minutes after the opening of business the next business day is timely.
(b)	A licensed dealer is not required to comply with the requirements of this Article in the event of unavailability of telephone service at the licensed premises due to the failure of the entity which provides telephone service in the State, region, or other geographical area in which the dealer is located to provide telephone service to the premises of the dealer due to the location of such premises or the interruption of telephone service by reason of hurricane, tornado, flood, natural disaster, or other act of God, war, invasion, insurrection, riot, or other bona fide emergency, or other reason beyond the control of the dealer.
(c)	The Department shall not be held liable in any civil or criminal action if a dealer completes a transaction as provided in this section because the Department is unable to make the records check by the end of the business day or within 30 minutes after the opening of the next business day as provided by this section.
"§ 14-409.25.  Fees.
(a)	The Department may charge and collect a fee of five dollars ($5.00) for each criminal history records check conducted pursuant to G.S. 14-409.23.
(b)	The Department shall charge and collect a fee of three hundred dollars ($300.00) each fiscal year from each dealer requesting a criminal history records check pursuant to G.S. 14-409.23.  The dealer must also show evidence of the license required under 18 U.S.C. § 921, et seq., the State license under G.S. 105-80(a), and any city or county license required under G.S. 105-80(c).
"§ 14-409.26.  No departmental lists of handgun purchasers permitted.
The Department shall not create any list, electronic, magnetic, or otherwise, containing any of the information set forth in G.S. 14-409.22(1)	pertaining to a potential buyer or transferee unless the potential buyer or transferee is prohibited from receipt or possession of a handgun pursuant to State or federal law.
"§ 14-409.27.  Seven-day availability of record checks.
The Department shall establish a toll-free telephone number which shall be operational seven days a week between the hours of 8:00 a.m. and 10:00 p.m. for purposes of responding to inquiries as described in this Article from licensed dealers.  The Department shall employ and train the personnel necessary to administer expeditiously the provisions of this section.
"§ 14-409.28.  Right to appeal denial of license; cause of action against the State for failure to correct.
Any person who is denied the right to receive or purchase a handgun as a result of the procedures established by this Article may apply to the Department for issuance to the dealer of the unique transaction number provided by this Article which would allow the sale to be completed, and such unique transaction number shall be issued if the applicant proves to the Department that the denial was erroneous because the person is not prohibited from receipt or possession of a handgun by State or federal law.  The Department shall promulgate rules setting forth procedures for the evaluation of the person's claim.  The Department shall not, however, relitigate or otherwise evaluate a person's adjudication of guilt.  If the Department fails to issue the transaction number within seven days, the applicant may petition the superior court of the county of that person's residence for an order directing the Department to issue the unique transaction number.  The superior court shall hear the appeal on the record below.  If the information provided demonstrates that the person is not prohibited from receipt or possession of a handgun by State or federal law, the Department shall destroy any records it maintains which contain any information derived from the criminal history record check set forth in G.S. 14-409.22(1).
"§ 14-409.29.  Rule-making authority; felony violation of confidentiality.
(a)	The Department shall adopt rules to ensure the identity, confidentiality, and security of all records and data provided pursuant to this Article.
(b)	Any government employee or officer who willfully or intentionally compromises the identity, confidentiality, and security of any records and data pursuant to this Article is guilty of a Class I felony, shall be fined no less than five thousand dollars ($5,000), and shall be subject to automatic dismissal from the office or employment.
"§ 14-409.30.  Immunity of seller or transferor from liability.
Compliance with the provisions of this Article shall be a complete defense to any claim or cause of action under the laws of this State for liability for damages arising from the sale or transfer of any handgun which has been shipped or transported in interstate or foreign commerce to any person who has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year or who has been involuntarily committed.
"§ 14-409.31.  Exceptions to this Article.
(a)	The provisions of this Article shall not apply to:
(1)	Any firearm, including any handgun with a matchlock, flintlock, percussion cap, or similar type of ignition system, manufactured in or before 1898;
(2)	Any replica of any firearm described in subdivision (1) of this subsection if the replica is not designed or redesigned to use rimfire or conventional center-fire fixed ammunition or uses rimfire or conventional center-fire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;
(3)	Any firearm which is a curio or relic as defined by 27 C.F.R. 178.11; or
(4)	Law enforcement officers in good standing and with arrest powers, certified by either the North Carolina Criminal Justice and Training Standards Commission or the North Carolina Sheriffs' Education and Training Standards Commission, purchasing a handgun to be used for official purposes.
(b)	Notwithstanding any other provisions of this Article in any case where a person has transferred a handgun as collateral for a loan or as pledged goods in a pawn transaction and the transaction has been carried out pursuant to the provisions of this Article, upon the person reclaiming or redeeming the handgun from the dealer or upon the person transferring any other handgun as collateral or pledged goods to the same dealer or reclaiming the same at any time during the calendar year as the original transaction with the dealer, the provisions of this Article shall not apply to the transfers subsequent to the original transfer during the calendar year.
"§ 14-409.32.  Violations of this Article; penalties.
(a)	Any licensed dealer, employee of such dealer, or any government employee or officer, who willfully and intentionally requests a criminal history records check from the Department for any purpose other than compliance with this Article or willfully and intentionally disseminates any criminal history records information to any person other than the subject of the information is guilty of a Class 2 misdemeanor.  A dealer is not liable for acts of an employee of that dealer unless the action of the employee was at the direction of the dealer.
(b)	Any person who, in connection with the purchase, transfer, or attempted purchase or transfer of a handgun pursuant to G.S. 14-409.22, willfully and intentionally makes any materially false oral or written statement or willfully and intentionally furnishes or exhibits any false identification intended or likely to deceive the dealer is guilty of a Class 1 misdemeanor.
(c)	Any licensed dealer who willfully and intentionally sells or delivers a handgun in violation of this Article is guilty of a Class 1 misdemeanor.
(d)	Any purchaser or owner of a firearm who willfully and intentionally transfers the firearm at any time to a person whom he or she knows to be prohibited from the possession of a handgun by State or federal law is guilty of a Class I felony.  This subsection shall apply to lawful transfers as provided in this Chapter.
"§ 14-409.33.  Report to General Assembly.
The Department shall provide the Speaker of the House of Representatives and the President Pro Tempore of the Senate an annual report including the number of inquiries made pursuant to this Article for the prior calendar year.  The report shall include the number of inquiries received from dealers, the number of inquiries resulting in a determination that the potential buyer or transferee was prohibited from receipt or possession of a handgun pursuant to State or federal law, the estimated costs of administering this Article, the number of instances in which a person requests approval pursuant to G.S. 14-409.28(a), the number of instances in which the superior court issued an order directing the Department to issue a unique transaction number pursuant to G.S. 14-409.28(a), and the number of instances in which the Department was asked to issue a unique identification number under G.S. 14-409.23(c)."
Sec. 2.  Article 52A of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 52A.
Sale of Crossbows in Certain Counties.
"§ 14-402.  Sale of certain crossbows without permit forbidden.
(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 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.
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 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 Class 2 misdemeanor.
	(c)	The following definitions apply in this section:
	(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 devise [device] is mechanically held at full or partial draw and released by a trigger or similar mechanism which is incorporated into a stock or handle.  When operated, the crossbow discharges a projectile known as a bolt.
	"§ 14-403.  Permit issued by sheriff; form of permit.
The sheriffs of any and all counties of this State are hereby authorized and directed to issue to any person, firm, or corporation in any such county a license or permit to purchase or receive any crossbow mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the same, which said license or permit shall be in the following form, to wit:
North Carolina,
.............. County.
I, .........., Sheriff of said County, do hereby certify that ...... whose place of residence is ..........in ..........(or)	in....Township, ......... County, North Carolina, having this day satisfied me as to his, her (or) their good moral character, a license or permit is therefore hereby given said ..........to purchase one crossbow from any person, firm or corporation authorized to dispose of the same.
This ......day of .......,.....
                                 .....................................
                                             Sheriff.
"§ 14-404.  Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's fee.
Upon application, the sheriff shall issue such license or permit to a resident of that county unless the purpose of the permit is for collecting, in which case a sheriff can issue a permit to a nonresident when the sheriff shall have fully satisfied himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation desires the possession of the crossbow mentioned for (i)	the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting. If said sheriff shall not be so fully satisfied, he may, for good cause shown, decline to issue said license or permit and shall provide to said applicant within seven days of such refusal a written statement of the reason(s) for such refusal. An appeal from such refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal, and shall be final. A permit may not be issued to the following persons: (i) one who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade), except that if a person has been convicted and later pardoned or is not prohibited from purchasing a firearm under the Felony Firearms Act (Article 54A of this Chapter), he may obtain a permit; (ii) one who is a fugitive from justice; (iii) one who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. section 802); (iv) one who has been adjudicated incompetent on the ground of mental illness or has been committed to any mental institution. The sheriff shall charge for his services upon issuing such license or permit a fee of five dollars ($5.00). Each applicant for any such license or permit shall be informed by said sheriff within 30 days of the date of such application whether such license or permit will be granted or denied and, if granted, such license or permit shall be immediately issued to said applicant.
"§ 14-405.  Record of permits kept by sheriff.
The sheriff shall keep a book, to be provided by the board of commissioners of each county, in which he shall keep a record of all licenses or permits issued under this article, including the name, date, place of residence, age, former place of residence, etc., of each such person, firm, or corporation to whom or which a license or permit is issued.
"§ 14-406.  Dealer to keep record of sales.
Every dealer in crossbows 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.
14n 
14d 
	"§ 14-408.  Violation of "§ i Any person, firm, or corporation violating any of the provisions of G.S. 14-407 shall be guilty of a Class 2 misdemeanor.
"§ 14-409.  Machine guns and other like weapons.
(a)	As used in this section, 'machine gun' or 'submachine gun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.  The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b)	It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section:  Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the sheriff of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia and the State guard when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located.  Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars, as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the sheriff of the county in which said person lives.
(c)	Any person violating any of the provisions of this section shall be guilty of a Class I felony."
Sec. 3.  Article 53 of Chapter 14 of the General Statutes reads as rewritten:
"ARTICLE 53.
"Sale of Crossbows in Certain Other Counties.
"§ 14-409.1.  Sale of certain crossbows without permit forbidden.
(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 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.
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 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 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 Class 2 misdemeanor.
	(c)	The following definitions apply in this section:
	(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 devise [device] is mechanically held at full or partial draw and released by a trigger or similar mechanism which is incorporated into a stock or handle.  When operated, the crossbow discharges a projectile known as a bolt.
	"§ 14-409.2. Permit issued by clerk of court; form of permit.
The clerks of the superior courts of any and all counties of this State are hereby authorized and directed to issue to any person, firm, or corporation in any such county a license or permit to purchase or receive any crossbow mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the same, which said license or permit shall be in the following form, to wit:
North Carolina,
.............. County.
I, .........., Clerk of the Superior Court of said County, do hereby certify that .........., whose place of residence is ............ in .......... (or)	in .......... Township, ..........County, North Carolina, having this day satisfied me as to his, her (or) their good moral character, a license or permit is therefore hereby given said .......... to purchase one crossbow from any person, firm or corporation authorized to dispose of the same.
This ......day of ..........,.....
                        .....................................
                                 Clerk of the Superior Court
"§ 14-409.3.  Issuance or refusal of permit; appeal from refusal; grounds for refusal; clerk's fee.
Upon application, the clerk of the superior court shall issue such license or permit to a resident of that county, unless the purpose of the permit is for collecting, in which case a clerk can issue a permit to a nonresident, when the clerk shall have fully satisfied himself by affidavits, oral evidence, or otherwise, as to the good moral character of the applicant therefor, and that such person, firm, or corporation desires the possession of the crossbow mentioned for (i)	the protection of the home, business, person, family or property, (ii) target shooting, (iii) collecting, or (iv) hunting. If said clerk of the superior court shall not be so fully satisfied, he may, for good cause shown, decline to issue said license or permit and shall provide to said applicant within seven days of such refusal a written statement of the reason(s) for such refusal. An appeal from such refusal shall lie by way of petition to the chief judge of the district court for the district in which the application was filed. The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the clerk of the superior court's refusal, and shall be final. A permit may not be issued to the following persons: (i) one who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade), except that if a person has been convicted and later pardoned or is not prohibited from purchasing a firearm under the Felony Firearms Act (Article 54A of this Chapter), he may obtain a permit; (ii) one who is a fugitive from justice; (iii) one who is an unlawful user of or addicted to marijuana or any depressant, stimulant, or narcotic drug (as defined in 21 U.S.C. section 802); (iv) one who has been adjudicated incompetent on the ground of mental illness or has been committed to any mental institution. The clerk of the superior court shall charge for his services upon issuing such license or permit a fee of five dollars ($5.00). Each applicant for any such license or permit shall be informed by said clerk of the superior court within 30 days of the date of such application whether such license or permit will be granted or denied and, if granted, such license or permit shall be immediately issued to said applicant.
"§ 14-409.4.  Record of permits kept by clerk.
The clerk of the superior court shall keep a book, to be provided by the board of commissioners of each county, in which he shall keep a record of all licenses or permits issued under this article, including the name, date, place of residence, age, former place of residence, etc., of each such person, firm, or corporation to whom or which a license or permit is issued.
"§ 14-409.5.  Dealer to keep record of sales.
Every dealer in crossbows 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.
14t 
14s 
	"§ 14-409.8.  Violation of § 14-409.5. Any person, firm, or corporation violating any of the provisions of G.S. 14-409.5 or 14-409.6 shall be guilty of a Class 2 misdemeanor.
"§ 14-409.9.  Machine guns and other like weapons.
(a)	As used in this section, 'machine gun' or 'submachine gun' means any weapon which shoots, is designed to shoot, or can be readily restored to shoot, automatically more than one shot, without manual reloading, by a single function of the trigger.  The term shall also include the frame or receiver of any such weapon, any combination of parts designed and intended for use in converting a weapon into a machine gun, and any combination of parts from which a machine gun can be assembled if such parts are in the possession or under the control of a person.
(b)	It shall be unlawful for any person, firm or corporation to manufacture, sell, give away, dispose of, use or possess machine guns, submachine guns, or other like weapons as defined by subsection (a) of this section:  Provided, however, that this subsection shall not apply to the following:
Banks, merchants, and recognized business establishments for use in their respective places of business, who shall first apply to and receive from the clerk of the superior court of the county in which said business is located, a permit to possess the said weapons for the purpose of defending the said business; officers and soldiers of the United States Army, when in discharge of their official duties, officers and soldiers of the militia and the State guard when called into actual service, officers of the State, or of any county, city or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties; the manufacture, use or possession of such weapons for scientific or experimental purposes when such manufacture, use or possession is lawful under federal laws and the weapon is registered with a federal agency, and when a permit to manufacture, use or possess the weapon is issued by the sheriff of the county in which the weapon is located.  Provided, further, that any bona fide resident of this State who now owns a machine gun used in former wars as a relic or souvenir, may retain and keep same as his or her property without violating the provisions of this section upon his reporting said ownership to the clerk of the superior court of the county in which said person lives.
(c)	Any person violating any of the provisions of this section shall be guilty of a Class I felony."
Sec. 4.  Chapter 113 of the General Statutes is amended by adding a new Article to read:
"ARTICLE 21C.
"Sport Shooting Ranges.
"§ 113-290.25.  Sport shooting ranges; definitions; immunity.
(a)	The following definitions apply in this section:
(1)	Person. – An individual, proprietorship, partnership, corporation, club, governmental entity, or other legal entity.
(2)	Sport shooting range or range. – An area delegated and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.
(b)	Notwithstanding any other provision of law, a person who owns or operates or uses a sport shooting range is not subject to civil liability or criminal prosecution in any matter relating to noise or noise pollution resulting from the operation or use of the range if the range is in compliance with any noise control laws or ordinances that applied to the range and its operations at the time of construction or initial operation of the range.
A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance, and a court of the State shall not enjoin or restrain the use or operation of a range on the basis of noise or noise pollution, if the range is in compliance with any noise control laws or ordinance that applied to the range and its operation at the time of construction or initial operation of the range.
Rules or regulations adopted by any State department or agency for limiting levels of noise in terms of decibel level which may occur in the outdoor atmosphere do not apply to a sport shooting range exempted from liability under this Article.
(c)	A sport shooting range that is operated and is not in violation of existing law at the time of the enactment of an ordinance shall be permitted to continue in operation even if the operation of the sport shooting range at a later date does not conform to the new ordinance or an amendment to an existing ordinance.
A sport shooting range that is in existence as of the effective date of this section, even if not in compliance with an ordinance of a local unit of government, shall be permitted to do all the following within its preexisting geographic boundaries if in compliance with generally accepted operation practices:
(1)	Repair, remodel, or reinforce any conforming or unconforming building or structure as may be necessary in the interest of public safety or to secure the continued use of the building or structure.
(2)	Reconstruct, repair, restore, or resume the use of a nonconforming building damaged by fire, collapse, explosion, act of God, or act of war occurring after the effective date of the damage or settlement of any property damage claim.  If reconstruction, repair, or restoration is not completed within one year, continuation of the nonconforming use may be terminated in the discretion of the local unit of government.
(3)	Do the following:
a.	Expand or increase its membership or opportunities for public participation.
b.	Expand or increase events and activities.
(d)	A person who acquires title to or who owns real property adversely affected by the use of property with a permanently located and improved sport shooting range shall not maintain a nuisance action against the person who owns the range to restrain, enjoin, or impede the use of the range where there has not been a substantial change in the nature of the use of the range.  This subsection does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.
(e)	Except as otherwise provided in this Article, this Article does not prohibit a local government from regulating the location and construction of a sport shooting range after the effective date of this Article."
Sec. 5.  There is appropriated from the General Fund to the Department of Justice for fiscal year 1995-96 the sum of nine hundred seven thousand one hundred thirty-three dollars ($907,133) and for fiscal year 1996-97 the sum of eight hundred four thousand two hundred sixty-seven dollars ($804,267) as the gross cost of implementing Section 1 of this act.  Net receipts, estimated at six hundred eighty-six thousand fifty-five dollars ($686,055) for fiscal year 1995-96 and one million sixty-two thousand one hundred ten dollars ($1,062,110) for fiscal year 1996-97 shall be deposited in the General Fund.
Sec. 6.  This act becomes effective January 1, 1996.