North Carolina SB 788: Save Our Restaurants Act.
Status: Withdrawn From Com (as of 2020-05-20)
State: North Carolina · Session: 2019 · Bill: SB 788
Subjects: AGRICULTURE, ALCOHOLIC BEVERAGES, APPROPRIATIONS, BOARDS, BUDGETING, COMMERCE, COMMISSIONS, CORPORATIONS, FOR-PROFIT, DISEASES & HEALTH DISORDERS, FINANCIAL SERVICES, FOOD SERVICES, FOODS & BEVERAGES, FUNDS & ACCOUNTS, GOVERNOR, HOTELS & MOTELS, INTEREST, LOANS, LOCAL GOVERNMENT, PUBLIC, PUBLIC HEALTH, PUBLIC OFFICIALS, REPORTS, SMALL BUSINESSES, STATE CONTROLLER, ABC BOARDS, ABC COMN., PUBLIC HEALTH EMERGENCY, CORONAVIRUS RELIEF FUND, EXECUTIVE ORDERS
Sponsors: Chaudhuri, Foushee, Garrett, Lowe, Marcus, Peterson, Robinson, Van Duyn, deViere
Bill Text
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 S 1 SENATE BILL 788 Short Title: Guarding Freedoms & Public Safety Act. (Public) Sponsors: Senator Bradley (Primary Sponsor). Referred to: Rules and Operations of the Senate April 22, 2026 *S788-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; TO REQUIRE 5 CERTIFICATION OF THE SAFE STORAGE BY PARENTS OR GUARDIANS OF 6 STUDENTS IN PUBLIC SCHOOLS; AND TO PROVIDE FUNDING FOR THE 7 DEPARTMENT OF PUBLIC SAFETY. 8 The General Assembly of North Carolina enacts: 9 10 PROHIBIT A PERSON CONVICTED OF A MISDEMEANOR CRIME OF DOMESTIC 11 VIOLENCE OFFENSE FROM PURCHASING OR POSSESSING A FIREARM 12 SECTION 1.(a) Article 35 of Chapter 14 of the General Statutes is amended by 13 adding a new section to read: 14 "§ 14-269.9. Purchase or possession of firearms by person convicted of misdemeanor crime 15 of domestic violence. 16 (a) Offense. – It is unlawful for a person to possess, purchase, or receive or attempt to 17 possess, purchase, or receive a firearm, as defined in G.S. 14-409.39, machine gun, ammunition, 18 or permits to purchase or carry concealed firearms if the person has been adjudicated guilty of or 19 received a prayer for judgment continued or suspended sentence for an offense (i) under 20 G.S. 14-32.5 or (ii) in another state that, if committed in this State, is substantially similar to an 21 offense under G.S. 14-32.5. 22 (b) Punishment. – A person violating the provisions of this section is guilty of a Class A1 23 misdemeanor." 24 SECTION 1.(b) This section becomes effective December 1, 2026, and applies to 25 offenses committed on or after that date. 26 27 REQUIRE A UNIVERSAL BACKGROUND CHECK FOR THE SALE OF A FIREARM 28 SECTION 2.(a) Chapter 14 of the General Statutes is amended by adding a new 29 Article to read: 30 "Article 53D. 31 "Universal Background Check. 32 "§ 14-409.48. Short title. 33 This Article shall be known and may be cited as the "North Carolina Universal Background 34 Check Act." 35 "§ 14-409.49. Definitions. 36 General Assembly Of North Carolina Session 2025 Page 2 Senate Bill 788-First Edition The following definitions apply in this Article: 1 (1) Federally licensed firearm dealer. – A person who is licensed pursuant to 18 2 U.S.C. § 923 to engage in the business of dealing in firearms. 3 (2) Firearm. – A handgun, shotgun, or rifle which expels a projectile by action of 4 an explosion. 5 (3) Materially false information. – Information that portrays an illegal transaction 6 as legal or a legal transaction as illegal. 7 (4) Private person. – A person, firm, or corporation who is not a federally licensed 8 firearm dealer acting in accordance with federal law. 9 "§ 14-409.50. Background checks for the sales of firearms – federally licensed firearm 10 dealers. 11 (a) A federally licensed firearm dealer may not sell, transfer, or deliver any firearm to 12 any private person without conducting a background check as provided for in subsection (c) of 13 this section to verify that it would not be a violation of State or federal law for the private person 14 to possess the firearm. 15 (b) In addition to any other applicable State or federal law, it shall be unlawful for any of 16 the following persons to possess a firearm: 17 (1) One who is under an indictment or information for, or has been convicted in 18 any state or in any court of the United States of, a felony (other than an offense 19 pertaining to antitrust violations, unfair trade practices, or restraints of trade). 20 (2) One who is a fugitive from justice. 21 (3) One who is an unlawful user of or addicted to marijuana or any depressant, 22 stimulant, or narcotic drug (as defined in 21 U.S.C. § 802). 23 (4) One who has been adjudicated mentally incompetent or has been committed 24 to any mental institution. 25 (5) One who is an alien illegally or unlawfully in the United States. 26 (6) One who has been discharged from the Armed Forces of the United States 27 under dishonorable conditions. 28 (7) One who, having been a citizen of the United States, has renounced his or her 29 citizenship. 30 (8) One who is subject to a court order that: 31 a. Was issued after a hearing of which the person received actual notice, 32 and at which the person had an opportunity to participate. 33 b. Restrains the person from harassing, stalking, or threatening an 34 intimate partner of the person or child of the intimate partner of the 35 person, or engaging in other conduct that would place an intimate 36 partner in reasonable fear of bodily injury to the partner or child. 37 c. Includes a finding that the person represents a credible threat to the 38 physical safety of the intimate partner or child, or by its terms 39 explicitly prohibits the use, attempted use, or threatened use of 40
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