GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

H                                                                                                                                                    1

HOUSE BILL 254

 

 

Short Title:      Const. Amend./Concealed Carry.

(Public)

Sponsors:

Representatives Pittman and Kidwell (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Referred to:

Judiciary 2, if favorable, Rules, Calendar, and Operations of the House

March 10, 2021

A BILL TO BE ENTITLED

AN ACT to equalize open carry and concealed carry of defensive weapons by removing the prohibition of concealed carry and to uphold the right to keep and bear arms for self‑defense.

The General Assembly of North Carolina enacts:

SECTION 1.  Section 30 of Article I of the North Carolina Constitution reads as rewritten:

"Sec. 30. Militia and the right to bear arms.

A well regulated militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed; and, as standing armies in time of peace are dangerous to liberty, they shall not be maintained, and the military shall be kept under strict subordination to, and governed by, the civil power. Nothing herein shall justify the practice of carrying concealed weapons, or prevent the General Assembly from enacting penal statutes against that practice.Any citizen of the United States who (i) has not been indicted or convicted of a violent crime or possession or distribution of a controlled substance and (ii) has not been adjudicated mentally incompetent has the right to carry any legal weapon for self‑defense, either openly or concealed, with or without a permit, except on public or private property that is legally posted against it. A system of concealed carry permits shall be maintained for purposes of reciprocity with other States and ease of purchasing weapons, but no law‑abiding citizen shall be required to obtain such a permit to carry a concealed weapon."

SECTION 2.  The amendment set out in Section 1 of this act shall be submitted to the qualified voters of the State at the general election in 2022, which election shall be conducted under the laws then governing elections in the State. Ballots, voting systems, or both may be used in accordance with Chapter 163 of the General Statutes. The question to be used in the voting systems and ballots shall be:

"[ ] FOR          [ ] AGAINST

Constitutional amendment to make it a right for any citizen who has not been indicted or convicted of a violent crime to carry any legal weapon for self‑defense, either openly or concealed, with or without a permit, except on public or private property that is legally posted against it."

SECTION 3.  If a majority of votes cast on the question are in favor of the amendment set out in Section 1 of this act, the State Board of Elections shall certify the amendment to the Secretary of State. The Secretary of State shall enroll the amendment so certified among the permanent records of that office. The amendment set out in Section 1 of this act becomes effective upon certification and applies to takings after that date.

SECTION 4.  Except as otherwise provided, this act is effective when it becomes law.