© 2005 to Present
Guns, Ordinances, & Other Legal Stuff
NCEMA 2012 Fall ConferenceNorma Houston, UNC School of Government
© 2005 to Present
House Bill 843 – Effective Oct. 1st
Updated statutes should be published and available online in next 2-3 weeks
© 2005 to Present
New Limitation on Gun Restrictions
Violations punishable as Class 2 misdemeanor
“Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasoline”
“EXCEPT LAWFULLY POSSESSED FIREARMS (handguns, rifles, and shotguns) AND AMMUNITION”
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What Does This Mean?Still Can: Restrict other “dangerous
weapons and substances” Enforce curfew or non-
weapons restrictions against person even if lawfully possessing a firearm
Enforce other state gun laws (ex: concealed-carry permit)
Include gun stores among other business restrictions
Now Can’t: Apply weapons restrictions
to lawfully possessed firearms (handguns, rifles, and shotguns)
Prohibit lawful sale of ammo for lawfully possessed firearms
Prohibit lawful concealed carrying
© 2005 to Present
HB 843 Changes Relevant to Local Governments
Local declarations expire when terminated Local declarations apply in part or all of
jurisdiction Some or all of local restrictions can be applied Mayor can extend county declaration into city Specifically authorizes curfews and
voluntary/mandatory evacuations Increase penalty for violations to Class 2 misd.
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What Now?
Review changes with your local attorney, officials, law enforcement, etc.
Update local emergency ordinances (HB843 validates existing ordinances, but always best to be consistent with state law)
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Criminal Penalty – Public Confusion?
Prior Law HB 843Penalty
ClassificationClass 3
misdemeanorClass 2
misdemeanor
SentenceCommunity
punishment to up to 20 days in jail
Community punishment to up to
60 days in jail
Maximum Fine $200 $1000
Punishment for violation of a restriction or prohibition imposed under a local state of emergency declaration
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Misdemeanor PenaltiesGS 15A-1340.23
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Myth vs. FactMyth
1. Criminal penalty is new
2. Penalty only applies to evacuation orders
Fact
1. Criminal penalty authorized in original 1969 legislation (SL 1969-869)
2. Penalty applies to ANY violation of a local declaration prohibition, such as curfews and limited reentry
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Myth vs. FactMyth
3. Local EM coordinators can impose fines and put offenders in jail
4. Local governments are REQUIRED to impose criminal penalties
Fact
3. Criminal penalties can only be imposed after conviction; only the district attorney can prosecute criminal charges
4. Criminal penalties ONLY prosecuted at the discretion of the district attorney
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Myth vs. FactMyth
5. Offenders automatically receive jail time
6. Purpose of increase in criminal penalty was to scare residents into evacuating
Fact
5. Only offenders with 5 or more prior convictions are eligible for jail time
6. Criminal penalty increased to be consistent with punishment level for violation of Gubernatorial restriction (also included in original 1969 legislation)
© 2005 to Present
Joint Legislative EM Oversight Committee
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© 2005 to Present