H193: Firearm Law Revisions. Latest Version

Session: 2025 - 2026

House
Passed 1st Reading
Committee
Rules
Passed 3rd Reading
Senate
Passed 1st Reading
Committee
Rules


AN ACT to provide that certain employees and volunteers at NONPUBLIC schools may carry certain weapons on educational property when authorized by the school board of trustees or school administrative director, to provide that a person may carry a concealed handgun on educational property that is the location of both a school and a place of religious worship when attending worship services and other sacerdotal functions at the place of religious worship, TO INCREASE THE PUNISHMENT IMPOSED FOR AN ASSAULT OR THREAT AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, OR LOCAL ELECTED OFFICER, TO REQUIRE PRETRIAL RELEASE CONDITIONS FOR ANY PERSON CHARGED WITH ASSAULTING OR MAKING A THREAT AGAINST AN EXECUTIVE OFFICER, LEGISLATIVE OFFICER, COURT OFFICER, LOCAL ELECTED OFFICER, OR ELECTION OFFICER TO BE DETERMINED BY A JUDGE, and to provide additional protections from restrictions on use for relocated law enforcement shooting ranges.



The General Assembly of North Carolina enacts:



SECTION 1.  G.S. 14‑269.2(a) is amended by adding the following new subdivisions to read:



(1d)    School administrative director. – Any individual authorized by the school board of trustees to act on behalf of the nonpublic school.



(1e)      School board of trustees. – The governing body of any nonpublic school. For purposes of parochial schools, the school board of trustees may be the board of deacons, the board of elders, or any other designated board which oversees the general affairs of the church, synagogue, temple, or other place of religious worship that is affiliated with the nonpublic school.



SECTION 2.  G.S. 14‑269.2(g) is amended by adding the following new subdivision to read:



(8)      The person is an employee or volunteer of a nonpublic school who meets all of the following criteria:



a.         The person has written authorization from the school board of trustees or the school administrative director to possess and carry a firearm or stun gun on the educational property that is owned, used, or operated by the nonpublic school.



b.         The weapon is a firearm or a stun gun.



c.         The person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or is considered valid under G.S. 14‑415.24.



d.         The person has successfully completed under the direct supervision of a certified National Rifle Association instructor or the equivalent a minimum of eight hours of courses on, or relating to, gun safety and the appropriate use of firearms that is in addition to the firearms training and safety course required for a concealed handgun permit under G.S. 14‑415.12(a)(4). This is an annual training requirement.



e.         The nonpublic school adopts and maintains written standard operating procedures regarding the possession and carrying of the weapons listed in this subdivision on the educational property and distributes to the parents of students attending the nonpublic school copies of the written standard operating procedures on an annual basis.



f.          The person is on the premises of the educational property that is owned, used, or operated by the nonpublic school at which the person is an employee or volunteer.



SECTION 3.  G.S. 14‑269.2(k1) reads as rewritten:



(k1)    For the purposes of this subsection, property owned by a local board of education or county commission shall not be construed as a building that is a place of religious worship as defined in G.S. 14‑54.1. The provisions of this section shall not apply to a person who has a concealed handgun permit that is valid under Article 54B of this Chapter, or who is exempt from obtaining a permit pursuant to that Article, if all of the following conditions apply:



(1)        The person possesses and carries a handgun on educational property other than an institution of higher education as defined by G.S. 116‑143.1 or a nonpublic, postsecondary educational institution.



(2)        The educational property is the location of both a school and a building that is a place of religious worship as defined in G.S. 14‑54.1.



(3)        The weapon is a handgun.



(4)        The handgun is only possessed and carried on educational property outside in one of the following circumstances:



a.         Outside of the school operating hours.



b.         At any time, in a building that is a place of religious worship while the person is attending worship services, funeral services, wedding ceremonies, Christenings, religious fellowships, and any other sacerdotal functions in the building. For purposes of this subdivision, the term attending includes ingress and egress between the building and the designated parking area for the place of religious worship.



(5)        The person or persons in legal possession or control of the premises have not posted a conspicuous notice prohibiting the carrying of a concealed handgun on the premises in accordance with G.S. 14‑415.11(c).



SECTION 4.  Article 5A of Chapter 14 of the General Statutes reads as rewritten:



Article 5A.



Endangering Executive, Legislative, and Court Court, and Local Elected Officers.



§ 14‑16.6.  Assault on executive, legislative, or court officer.court, or local elected officers.



(a)        Any person who assaults any legislative officer, executive officer, or court officer, or local elected officer, or assaults another person as retaliation against any legislative officer, executive officer, or court officer officer, or local elected officer because of the exercise of that officer's duties, or any person who makes a violent attack upon the residence, office, temporary accommodation or means of transport of any one of those officers or persons in a manner likely to endanger the officer or person, shall be guilty of a felony and shall be punished as a Class I Class H felon.



(b)        Any person who commits an offense under subsection (a) and uses a deadly weapon in the commission of that offense shall be punished as a Class F Class E felon.



(c)        Any person who commits an offense under subsection (a) and inflicts serious bodily injury to any legislative officer, executive officer, or court officer, or local elected officer shall be punished as a Class E Class D felon.



§ 14‑16.7.  Threats against executive, legislative, or court court, or local elected officers.



(a)        Any person who knowingly and willfully makes any threat to inflict serious bodily injury upon or to kill any legislative officer, executive officer, or court officer, or local elected officer, or who knowingly and willfully makes any threat to inflict serious bodily injury upon or kill any other person as retaliation against any legislative officer, executive officer, or court officer officer, or local elected officer because of the exercise of that officer's duties, shall be guilty of a felony and shall be punished as a Class I Class H felon.



(b)        Any person who knowingly and willfully deposits for conveyance in the mail any letter, writing, or other document containing a threat to commit an offense described in subsection (a) of this section shall be guilty of a felony and shall be punished as a Class I Class H felon.



§ 14‑16.8.  No requirement of receipt of the threat.



In prosecutions under G.S. 14‑16.7 of this Article it shall not be necessary to prove that any legislative officer, executive officer, or court officer officer, or local elected officer actually received the threatening communication or actually believed the threat.





§ 14‑16.10.  Definitions.



The following definitions apply in this Article:



(1)        Court officer. – Magistrate, clerk of superior court, acting clerk, assistant or deputy clerk, judge, or justice of the General Court of Justice; district attorney, assistant district attorney, or any other attorney designated by the district attorney to act for the State or on behalf of the district attorney; public defender or assistant defender; court reporter; juvenile court counselor as defined in G.S. 7B‑1501(18a); any attorney or other individual employed by, contracted by, or acting on behalf of a county department of social services, as defined in G.S. 108A‑24; any attorney or other individual appointed pursuant to G.S. 7B‑601 or G.S. 7B‑1108 or employed by the Guardian ad Litem Services Division of the Administrative Office of the Courts.



(2)        Executive officer. – A person named in G.S. 147‑3(c).



(3)        Legislative officer. – A person named in G.S. 147‑2(1), (2), or (3).



(4)        Local elected officer. – An elected officer of a political subdivision of this State.



SECTION 5.  G.S. 163‑275(11) reads as rewritten:



(11)    For any person, by threats, menaces or in any other manner, to intimidate or attempt to intimidate any chief judge, judge of election or other election officer in the discharge of of, or because of, duties in the registration of voters or in conducting any primary or election.



SECTION 6.  Article 26 of Chapter 15A of the General Statutes is amended by adding a new section to read:



§ 15A‑534.9.  Threats against public officers; bail and pretrial release.



(a)        In all cases in which the defendant is charged with a violation of G.S. 14‑16.6, 14‑16.7, or 163‑275(11), except as provided in subsection (b) of this section, the judicial official who determines the conditions of pretrial release shall be a judge. The judge shall direct a law enforcement officer or a district attorney to provide a criminal history report for the defendant and shall consider the criminal history when setting conditions of release. After setting conditions of release, the judge shall return the report to the providing agency or department. No judge shall unreasonably delay the determination of conditions of pretrial release for the purpose of reviewing the defendant's criminal history report. The following provisions shall apply in addition to the provisions of G.S. 15A‑534:



(1)        Upon a determination by the judge that the immediate release of the defendant will pose a danger of injury to persons and upon a determination that the execution of an appearance bond as required by G.S. 15A‑534 will not reasonably assure that such injury will not occur, a judge may retain the defendant in custody for a reasonable period of time while determining the conditions of pretrial release.



(2)        A judge may impose the following conditions on pretrial release:



a.         That the defendant stay away from the home, school, business, or place of employment of the alleged victim.



b.         That the defendant refrain from assaulting or threatening the alleged victim.



c.         That the defendant stay away from specific locations or property where the offense occurred.



d.         That the defendant stay away from other specified locations or property.



The conditions set forth in this subdivision may be imposed in addition to requiring that the defendant execute a secured appearance bond.



(3)        Should the defendant be mentally ill and dangerous to himself or herself or others or a substance abuser and dangerous to himself or herself or others, the provisions of Article 5 of Chapter 122C of the General Statutes shall apply.



(b)        A defendant may be retained in custody not more than 48 hours from the time of arrest without a determination being made under this section by a judge. If a judge has not acted pursuant to this section within 48 hours of arrest, the magistrate shall act under the provisions of this section.



SECTION 7.  Article 53C of Chapter 14 of the General Statutes reads as rewritten:



Article 53C.



Sport Shooting Range Protection Act of 1997.



§ 14‑409.45.  Definitions.



The following definitions apply in this Article:



(1)        Law enforcement organization. – A State or national organization whose membership is composed of sworn law enforcement officers, including a regional or local chapter of such a State or national organization.



(2)        Law enforcement shooting range. – A sport shooting range owned or operated by a State, federal, or local law enforcement agency, or by a law enforcement organization.



(1)(3)   Person. – An individual, proprietorship, partnership, corporation, club, or other legal entity.



(2)(4)   Sport shooting range or range. – An area designed and operated for the use of rifles, shotguns, pistols, silhouettes, skeet, trap, black powder, or any other similar sport shooting.



(3)(5)   Substantial change in use. – The current primary use of the range no longer represents the activity previously engaged in at the range.



§ 14‑409.46.  Sport shooting range protection.



(a)        Notwithstanding Except as otherwise provided in this Article, notwithstanding any other provision of law, a person who owns, operates, or uses a sport shooting range in this State shall not be 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 operation at the time the range began operation.



(b)        A person who owns, operates, or uses a sport shooting range is not subject to an action for nuisance on the basis of noise or noise pollution, and a State court shall not enjoin 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 ordinances that applied to the range and its operation at the time the range began operation.



(c)        Rules adopted by any State department or agency for limiting levels of noise in terms of decibel level that may occur in the outdoor atmosphere shall not apply to a sport shooting range that was in operation prior to the adoption of the rule.



(d)       A person who acquires title to real property adversely affected by the use of property with a permanently located and improved sport shooting range constructed and initially operated prior to the time the person acquires title shall not maintain a nuisance action on the basis of noise or noise pollution against the person who owns the range to restrain, enjoin, or impede the use of the range. If there is a substantial change in use of the range after the person acquires title, the person may maintain a nuisance action if the action is brought within one year of the date of a substantial change in use. This section does not prohibit actions for negligence or recklessness in the operation of the range or by a person using the range.



(e)        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, provided there has been no substantial change in use.



§ 14‑409.46A.  Additional protection for relocated law enforcement shooting range.



Notwithstanding any provision of law or any other provision of this Article, for any law enforcement shooting range that operates in the same location for at least 25 years, relocates to a new location within the same county, and has no substantial change in use, the following shall apply:



(1)        The provisions of this Article shall be applied to the law enforcement shooting range based on the date the range began operation in the original location.



(2)        A local government may not prohibit the law enforcement shooting range from conducting night operations for law enforcement training purposes if the range provides at least 48 hours' written notice to the local government of the date and time the night operations will be conducted.



(3)        A local government may not require the law enforcement shooting range to comply with a setback line of more than 100 feet.



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SECTION 8.  Sections 1, 2, 3, 4, 5, and 6 of this act become effective December 1, 2025, and apply to offenses committed on or after that date. The remainder of this act is effective when it becomes law.