North Carolina HB 5: NC Constitutional Carry Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 5
Committee Substitute Favorable 3/19/25

Short Title: NC Constitutional Carry Act. (Public)
Sponsors:
Referred to:
January 30, 2025
*H5-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO PROTECT A PERSON'S RIGHT TO CARRY A CONCEALED HANDGUN 2
WITHOUT A PERMIT AND TO CONTINUE ALLOWING PERSONS TO ACQUIRE A 3
CONCEALED HANDGUN PERMIT FOR THE PURPOSES OF RECIPROCITY OR FOR 4
ANY OTHER REASON DESIRED. 5
The General Assembly of North Carolina enacts: 6
SECTION 1. Chapter 14 of the General Statutes is amended by adding a new Article 7
to read: 8
"Article 54C. 9
"Carrying Concealed Handguns. 10
"§ 14-415.35. Carrying concealed handguns. 11
(a) Carrying Concealed Handgun. – Any person who is a citizen of the United States and 12
is at least 18 years old may carry a concealed handgun in this State unless provided otherwise by 13
law. 14
(b) Offense. – It is unlawful for a person who meets any of the following criteria to carry 15
a concealed handgun: 16
(1) Is ineligible to own, possess, or receive a firearm under the provisions of State 17
or federal law. 18
(2) Is under indictment for a felony. 19
(3) Has been adjudicated guilty in any court of a felony, unless (i) the felony is 20
an offense that pertains to antitrust violations, unfair trade practices, restraints 21
of trade, or other similar offenses related to the regulation of business practices 22
or (ii) the person's firearms rights have been restored pursuant to 23
G.S. 14-415.4 or have been restored in another state pursuant to the laws of 24
that state. 25
(4) Is a fugitive from justice. 26
(5) Is an unlawful user of, or addicted to, marijuana, alcohol, or any depressant, 27
stimulant, or narcotic drug, or any other controlled substance as defined in 21 28
U.S.C. § 802. 29
(6) Is currently or has been previously adjudicated by a court to be lacking mental 30
capacity or mentally ill. Receipt of previous consultative services or outpatient 31
treatment alone shall not disqualify any citizen under this subdivision. 32
(7) Is or has been discharged from the Armed Forces of the United States under 33
dishonorable conditions. 34
(8) Except as provided in subdivision (9), (10), or (11) of this subsection, is or 35
has been adjudicated guilty of or received a prayer for judgment continued or 36

General Assembly Of North Carolina Session 2025
Page 2 House Bill 5-Second Edition
suspended sentence for one or more crimes of violence constituting a 1
misdemeanor, including, but not limited to, a violation of a misdemeanor 2
under Article 8 of this Chapter except for a violation of G.S. 14-33(a), or a 3
violation of a misdemeanor under G.S. 14-226.1, 14-258.1, 14-269.2, 4
14-269.6, 14-277, 14-277.1, 14-283 except for a violation involving fireworks 5
exempted under G.S. 14-288.2, 14-288.4(a)(1), 14-288.6, 14-288.9, former 6
14-288.12, former 14-288.13, former 14-288.14, 14-414, 14-415.21(b), 7
14-415.26(d) within three years prior to the date on which the person is 8
carrying the weapon, or 14-415.36. 9
(9) Is or has been adjudicated guilty of or received a prayer for judgment 10
continued or suspended sentence for one or more crimes of violence 11
constituting a misdemeanor under G.S. 14-33(c)(1), 14-33(c)(2), 14-33(c)(3), 12
14-33(d), 14-134.3, 14-277.3A, 14-318.2, 50B-4.1, or former 14-277.3. 13
(10) Is prohibited from possessing a firearm pursuant to 18 U.S.C. § 922(g) as a 14
result of a conviction of a misdemeanor crime of domestic violence. 15
(11) Has been adjudicated guilty of or received a prayer for judgment continued or 16
suspended sentence for one or more crimes involving an assault or a threat to 17
assault a law enforcement officer, probation or parole officer, person 18
employed at a State or local detention facility, firefighter, emergency medical 19
technician, medical responder, or emergency department personnel. 20
(12) Has had entry of a prayer for judgment continued for a criminal offense that 21
would make it unlawful under this section for the person to carry a concealed 22
weapon. 23
(13) Is free on bond or personal recognizance pending trial, appeal, or sentencing 24
for a crime that would make it unlawful under this section for the person to 25
carry a concealed weapon. 26
(c) Valid Identification Required; Disclosure to Law Enforcement Officer When 27
Carrying Concealed. – When carrying a concealed handgun, a person shall also carry valid 28
identification and shall disclose to any law enforcement officer that the person is carrying a 29
concealed handgun when approached or addressed by the officer and shall display the proper 30
identification upon the request of a law enforcement officer. 31
(d) Penalty. – Any person who violates subsection (a) of this section is guilty of a Class 32
3 misdemeanor. Any person who violates subsection (b) of this section is guilty of a Class 2 33
misdemeanor for a first offense and is guilty of a Class H felony for a second or subsequent 34
offense. Any