GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2021

 

SENATE BILL 43

RATIFIED BILL

 

 

AN ACT to enact the religious assembly security and protection act of 2021 AND TO AUTHORIZE CONCEALED CARRY FOR CERTAIN LAW ENFORCEMENT FACILITY EMPLOYEES.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  This act shall be known as The Religious Assembly Security and Protection Act of 2021.

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

(1c)    School operating hours. – Any time when any of the following occur:

a.         The premises are being used for curricular or extracurricular activities.

b.         The premises are being used for educational, instructional, or school‑sponsored activities.

c.         The premises are being used for programs for minors by entities not affiliated with the religious institution.

SECTION 3.  G.S. 14‑269.2 is amended by adding a new subsection to read:

(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 of the school operating hours.

(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.  G.S. 14‑415.11(c) reads as rewritten:

(c)      Except as provided in G.S. 14‑415.27, a permit does not authorize a person to carry a concealed handgun in any of the following:

(1)        Areas prohibited by G.S. 14‑269.2, 14-269.3, and 14-277.2.except as allowed under G.S. 14‑269.2(k1).

(1a)      Areas prohibited by G.S. 14‑269.3 and G.S. 14‑277.2.

….

SECTION 5.(a)  G.S. 14‑415.27 reads as rewritten:

§ 14‑415.27.  Expanded permit scope for certain persons.

Notwithstanding G.S. 14‑415.11(c), any of the following persons who has a concealed handgun permit issued pursuant to this Article or that is considered valid under G.S. 14‑415.24 is not subject to the area prohibitions set out in G.S. 14‑415.11(c) and may carry a concealed handgun in the areas listed in G.S. 14‑415.11(c) unless otherwise prohibited by federal law:

…

(10)      For only a law enforcement facility covered under G.S. 14‑415.11(c)(5), a person employed by a law enforcement agency who (i) is not a law enforcement officer sworn and certified pursuant to Article 1 of Chapter 17C or 17E of the General Statutes, (ii) has been designated in writing by the head of the law enforcement agency in charge of the facility, (iii) has in the person's possession written proof of the designation, and (iv) has not had the designation rescinded by the head of the law enforcement agency in charge of the facility. Nothing in this subdivision shall be construed as prohibiting the head of the law enforcement agency in charge of a facility from rescinding any written designation described in this subdivision.

SECTION 5.(b)  This section becomes effective July 1, 2021, and applies to offenses committed on or after that date.

SECTION 6.  Sections 1 through 4 of this act become effective December 1, 2021. Except as otherwise provided, this act is effective when it becomes law.

In the General Assembly read three times and ratified this the 9th day of June, 2021.

 

 

                                                                    s/  W. Ted Alexander

                                                                         Presiding Officer of the Senate

 

 

                                                                    s/  Tim Moore

                                                                         Speaker of the House of Representatives

 

 

 

 

                                                                        _____________________________________

                                                                         Roy Cooper

                                                                         Governor

 

 

Approved __________.m. this ______________ day of ___________________, 2021