Hb 746: Law Or Bust?

North Carolina's House Bill 746, which would allow lawful North Carolinians to carry concealed weapons without a permit, is still alive. The bill was introduced in 2017 and has been through several iterations since then. The most recent update suggests that Governor Roy Cooper declined to sign the bill into law in 2024.

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The bill's failure to pass was due to a lack of leadership and direction from Senate Republicans

The failure of North Carolina's HB 746 bill to pass was due to a lack of leadership and direction from Senate Republicans. The bill, which would have allowed lawful North Carolinians to carry a concealed handgun without a permit, was not passed by the Senate before they adjourned. While the bill is still technically alive, the lack of sufficient direction from leadership left Senate Republicans divided on what they wanted the bill to contain. Some wanted a stronger bill than the one passed by the House, including a pro-gun amendment to the North Carolina Constitution and a repeal of the pistol purchase permit system. Others were hesitant due to the lack of required training and the age 18 provision.

The bill's failure to pass can largely be attributed to the Senate President Pro Tem Phil Berger, who delegated responsibility to a working group of senators led by Sen. Andrew Brock. Brock's pending appointment to a position with the state Board of Review may have distracted him from the task at hand, as he resigned his Senate seat at the end of June 2017. Overall, Republicans in both chambers were slow to act on the bill, with some speculating that they were comfortable with their supermajorities and wanted to avoid upsetting anyone.

The bill's supporters will now need to convince Senate leadership to get it to the floor and work to ensure that individual senators will vote for it.

The bill would give lawful North Carolinians permitless concealed carry

The North Carolina House Bill 746, or the NC Constitutional Carry Act, would allow any person who is a citizen of the United States and at least 18 years old to carry a handgun in the state, openly or concealed, without a concealed handgun permit. This would be allowed unless provided otherwise by state law or by 18 USC 922 or any other federal law.

The bill defines a handgun as a firearm that has a short stock and is designed to be held and fired by the use of a single hand. It would prohibit anyone from carrying a handgun on another person's private property if notice of the prohibition is given by posting a conspicuous notice or statement by the person in legal possession or control of the premises. Exemptions to this include law enforcement officers discharging their official duties.

The bill also prohibits carrying a handgun while consuming alcohol or at any time while the person has alcohol remaining in their body, or in their blood a controlled substance previously consumed. Exemptions to this include a person who has a controlled substance in their blood that was lawfully obtained and taken in therapeutically appropriate amounts, or a person that is on their own property.

The bill makes it unlawful for a person who meets any of 14 specified criteria to carry a handgun. These criteria include being under indictment, being a danger to oneself or others due to mental illness or lack of mental capacity, and being or having been discharged from the US Armed Forces under conditions other than honorable.

The bill requires a person to carry valid identification when carrying a concealed weapon and to disclose to any law enforcement officer that they are carrying a concealed handgun when approached or addressed by the officer. They must also display the proper identification upon the officer's request.

It is unclear when the bill will become law. The most recent update on the bill was in 2017, when it was still under consideration.

The bill would improve the issuing of concealed handgun permits

House Bill 746, also known as the 'NC Constitutional Carry Act', would improve the issuing of concealed handgun permits by standardising and ensuring uniformity of concealed handgun permit applications.

The bill would make changes to the criteria that sheriffs use to qualify or deny an applicant a concealed handgun permit. For example, the bill would require sheriffs to deny a permit to an applicant who is currently, or has previously been, adjudicated by a court to be a danger to themselves or others due to mental illness or lack of mental capacity. The bill would also require sheriffs to deny a permit to an applicant who has been discharged from the Armed Forces of the United States under conditions other than honourable.

Additionally, the bill would require sheriffs to issue a permit to an applicant who is a citizen of the United States or has been lawfully admitted for permanent residence, and has been a resident of North Carolina for 30 days or longer. The bill would also require the applicant to be 21 years of age or older and not to suffer from a currently diagnosed and ongoing mental disorder that would prevent the safe handling of a handgun.

The bill would also make changes to the process of applying for a concealed handgun permit. For instance, the bill would allow sheriffs to schedule appointments for concealed handgun applications, provided the appointments are scheduled for 15 business days or less from the date on which the applicant informs the sheriff that they possess all the required documentation. The bill would also make changes to the type of mental health and capacity records that an applicant must allow to be disclosed to the sheriff.

The bill would expand concealed carry on educational property

The North Carolina House Bill 746, or the NC HB 746, proposes to allow any person who is a citizen of the United States and at least 18 years old to carry a handgun in the state, openly or concealed, and without a concealed handgun permit. The bill would expand concealed carry on educational property by allowing people to carry handguns on school premises, in school buses, and at curricular or extracurricular activities sponsored by a school. However, this does not apply to institutions of higher education or nonpublic, post-secondary educational institutions.

The bill proposes that people can carry handguns on educational property if they possess a valid concealed handgun permit or are exempt from obtaining a permit. Additionally, they must meet the following conditions:

• The educational property must be the location of both a school and a building used for religious worship.
• The handgun must be the only weapon possessed and carried.
• The handgun must be carried outside of school operating hours.

The bill also proposes that people can carry handguns in a locked vehicle on a road that crosses educational property. They must remain inside the locked vehicle while crossing the property and can only unlock the vehicle to allow someone else to enter or exit.

The NC HB 746 would give lawful North Carolinians permitless concealed carry, improvements in issuing concealed handgun permits, expansion of concealed carry on educational property, and more.

The bill would make changes to the system for gun purchases, reciprocity with other states, and carry in sensitive areas

North Carolina's House Bill 746, or HB 746, would make changes to the state's laws regarding firearms. It would allow any US citizen aged 18 or older to carry a handgun, openly or concealed, without a concealed handgun permit. This would not apply to those prohibited by state or federal law, such as those who are under felony indictment or have been found guilty of a felony.

The bill would also make changes to the system for gun purchases, reciprocity with other states, and carry in sensitive areas. It would improve the process of issuing concealed handgun permits, which would remain intact for gun purchases, reciprocity with other states, and carry in sensitive areas.

HB 746 would also expand concealed carry on educational property. It would allow any person who can legally carry a handgun to carry any firearm openly or concealed at any state-owned rest area, rest stop, or hunting and fishing reservation. The bill also specifies that it is unlawful to carry a handgun into certain areas, such as law enforcement or correctional facilities, unless provided otherwise by law.

In addition, the bill would make changes to restrictions on carrying firearms and other weapons in certain locations. For example, it would be unlawful to possess or carry a firearm or other deadly weapon in the State Capitol Building, the Executive Mansion, or the Western Residence of the Governor. However, this restriction would not apply to law enforcement officers or certain other exempted individuals.

Overall, HB 746 would make significant changes to North Carolina's laws regarding firearms, including the system for gun purchases, reciprocity with other states, and carry in sensitive areas.

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