A BILL TO BE ENTITLED
AN ACT to waive the requirement to obtain a concealed handgun permit to carry a concealed handgun for certain persons authorized by federal law to carry concealed handguns and for certain federal and state retired law enforcement officers.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 17C‑2 is amended by adding a new subdivision to read:
"(5)	Qualified retired law enforcement officer. – An individual who meets all of the following qualifications:
a.	Retired in good standing from service with a public agency located in the United States as a law enforcement officer, other than for reasons of mental instability.
b.	Prior to retirement, was authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of or the incarceration of any person for any violation of law, and had statutory powers of arrest.
c.	Prior to retirement, was regularly employed as a law enforcement officer for a total of 15 years or more, or retired after completing probationary periods of service due to a service‑connected disability, as determined by the agency. 
d.	Has a vested right to benefits under the retirement plan of the agency."
SECTION 2.  G.S. 17C‑6(a) is amended by adding a new subdivision to read:
"(16)	Establish standards and guidelines for the annual firearms certification and recertification of qualified retired law enforcement officers to efficiently implement the provisions of G.S. 14‑415.25. The standards shall provide for the courses, qualifications, and the issuance of the annual firearms qualification certification. The Commission may adopt any rules necessary to effect the provisions of this section, and may charge a reasonable fee to applicants for the costs incurred in compliance with this subdivision."
SECTION 3.  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:
"§ 14‑415.25.  Exemption from permit requirement.
(a)	Persons authorized by federal law to carry a concealed handgun, including law enforcement officers and qualified retired law enforcement officers under section 926 of Title 18 of the United States Code, are exempt from obtaining the permit described in G.S. 14‑415.11.
(b)	A qualified retired law enforcement officer, as defined in G.S. 17C‑2(5), in lieu of obtaining a permit under this Article, may make application under oath for certification to the North Carolina Criminal Justice Education and Training Standards Commission, on forms approved by the Commission. The application shall include all of the following:
(1)	Verification of completion of the firearms qualification criteria established by the Commission.
(2)	Photographic identification, to include retirement status, issued by the agency from which the applicant retired from service.
(3)	Any other application information required by the Commission.
(c)	The Commission shall include with the certification a notice of the limitations applicable under federal or State law to the concealed carry of firearms in this State. The failure to receive a notification under this subsection shall not be a defense to any offense or violation of applicable State or federal laws.
(d)	The Commission shall not incur any civil or criminal liability as the result of the performance of its duties under this section.
(e)	It shall be unlawful for an applicant, or any person assisting an applicant, to make a willful and intentional misrepresentation on any form or application submitted to the Commission. A violation of this subsection shall be a Class 2 misdemeanor, and shall result in the immediate revocation of any certification issued by the Commission. A person convicted under this subsection shall be ineligible for certification under this section, or from obtaining a concealed carry permit under State law."
SECTION 4.  G.S. 14‑415‑12(b)(8) reads as rewritten:
"§ 14‑415.12.  Criteria to qualify for the issuance of a permit.
(b)	The sheriff shall deny a permit to an applicant who:
. . . 
(8)	Is or has been adjudicated guilty of or received a prayer for judgment continued or suspended sentence for one or more crimes of violence constituting a misdemeanor, including but not limited to, a violation of a misdemeanor under Article 8 of Chapter 14 of the General Statutes, or a violation of a misdemeanor under G.S. 14‑225.2, 14‑226.1, 14‑258.1, 14‑269.2, 14‑269.3, 14‑269.4, 14‑269.6, 14‑276.1, 14‑277, 14‑277.1, 14‑277.2, 14‑277.3, 14‑281.1, 14‑283, 14‑288.2, 14‑288.4(a)(1) or (2), 14‑288.6, 14‑288.9, 14‑288.12, 14‑288.13, 14‑288.14, 14‑318.2, 14‑415.21(b), or 14‑415.25(e)."
SECTION 5.  This act becomes effective December 1, 2007, and applies to offenses committed on or after that date.