North Carolina SB 633: Stipulation for Final Decision by OAH.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 633

Short Title: Guarding Freedoms & Public Safety Act. (Public)
Sponsors: Senators Bradley, Grafstein, and Everitt (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 26, 2025
*S633-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF 2
DOMESTIC VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A 3
FIREARM; TO REQUIRE A UNIVERSAL BACKGROUND CHECK FOR THE SALE OF 4
A FIREARM; TO REENACT THE PISTOL PURCHASE PERMIT LAW; AND TO 5
REQUIRE CERTIFICATION OF THE SAFE STORAGE OF FIREARMS BY PARENTS 6
OR GUARDIANS OF STUDENTS IN PUBLIC SCHOOLS. 7
The General Assembly of North Carolina enacts: 8
9
PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC 10
VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A FIREARM 11
SECTION 1.(a) Article 35 of Chapter 14 of the General Statutes is amended by 12
adding a new section to read: 13
"§ 14-269.9. Purchase or possession of firearms by person convicted of misdemeanor crime 14
of domestic violence. 15
(a) Offense. – It is unlawful for a person to possess, purchase, or receive or attempt to 16
possess, purchase, or receive a firearm, as defined in G.S. 14-409.39, machine gun, ammunition, 17
or permits to purchase or carry concealed firearms if the person has been adjudicated guilty of or 18
received a prayer for judgment continued or suspended sentence for an offense (i) under 19
G.S. 14-32.5 or (ii) in another state that, if committed in this State, is substantially similar to an 20
offense under G.S. 14-32.5. 21
(b) Punishment. – A person violating the provisions of this section is guilty of a Class A1 22
misdemeanor." 23
SECTION 1.(b) This section becomes effective December 1, 2025, and applies to 24
offenses committed on or after that date. 25
26
REQUIRE A UNIVERSAL BACKGROUND CHECK FOR THE SALE OF A FIREARM 27
SECTION 2.(a) Chapter 14 of the General Statutes is amended by adding a new 28
Article to read: 29
"Article 53D. 30
"Universal Background Check. 31
"§ 14-409.48. Short title. 32
This Article shall be known and may be cited as the "North Carolina Universal Background 33
Check Act." 34
"§ 14-409.49. Definitions. 35
The following definitions apply in this Article: 36

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 633-First Edition
(1) Federally licensed firearm dealer. – A person who is licensed pursuant to 18 1
U.S.C. § 923 to engage in the business of dealing in firearms. 2
(2) Firearm. – A handgun, shotgun, or rifle which expels a projectile by action of 3
an explosion. 4
(3) Materially false information. – Information that portrays an illegal transaction 5
as legal or a legal transaction as illegal. 6
(4) Private person. – A person, firm, or corporation who is not a federally licensed 7
firearm dealer acting in accordance with federal law. 8
"§ 14-409.50. Background checks for the sales of firearms – federally licensed firearm 9
dealers. 10
(a) A federally licensed firearm dealer may not sell, transfer, or deliver any firearm to 11
any private person without conducting a background check as provided for in subsection (c) of 12
this section to verify that it would not be a violation of State or federal law for the private person 13
to possess the firearm. 14
(b) In addition to any other applicable State or federal law, it shall be unlawful for any of 15
the following persons to possess a firearm: 16
(1) One who is under an indictment or information for, or has been convicted in 17
any state or in any court of the United States of, a felony (other than an offense 18
pertaining to antitrust violations, unfair trade practices, or restraints of trade). 19
(2) One who is a fugitive from justice. 20
(3) One who is an unlawful user of or addicted to marijuana or any depressant, 21
stimulant, or narcotic drug (as defined in 21 U.S.C. § 802). 22
(4) One who has been adjudicated mentally incompetent or has been committed 23
to any mental institution. 24
(5) One who is an alien illegally or unlawfully in the United States. 25
(6) One who has been discharged from the Armed Forces of the United States 26
under dishonorable conditions. 27
(7) One who, having been a citizen of the United States, has renounced his or her 28
citizenship. 29
(8) One who is subject to a court order that: 30
a. Was issued after a hearing of which the person received actual notice, 31
and at which the person had an opportunity to participate. 32
b. Restrains the person from harassing, stalking, or threatening an 33
intimate partner of the person or child of the intimate partner of the 34
person, or engaging in other conduct that would place an intimate 35
partner in reasonable fear of bodily injury to the partner or child. 36
c. Includes a finding that the person represents a credible threat to the 37
physical safety of the intimate partner or child, or by its terms 38
explicitly prohibits the use, attempted use, or threatened use of 39
physical force again