Results 1 to 8 of 8

Thread: My interpretation and questions about HB 650

  1. #1
    Regular Member
    Join Date
    Jun 2010
    Location
    Greensboro, NC
    Posts
    150

    My interpretation and questions about HB 650

    I have a few questions about HB 650 and I would also like to have someone sum up most of the points made legal etc in HB 650 with quick summary under each.

    It looks like the final bill is here?
    http://www.ncga.state.nc.us/Sessions...PDF/H650v6.pdf


    I guess we can now open carry at rest areas?

    (c3) As provided in G.S. 14-269.4(5), it shall be lawful for a person to carry any firearm
    openly, or to carry a concealed handgun with a concealed carry permit, at any State-owned rest
    area, at any State-owned rest stop along the highways, and at any State-owned hunting and
    fishing reservation

    Is it not a crime any more to not tell LEO that you are carrying concealed?


    SECTION 21.(a) G.S. 14-415.21 reads as rewritten:
    " 14-415.21. Violations of this Article punishable as an infraction and a Class 2
    misdemeanor.infraction.Page 10 Session Law 2011-268 SL2011-0268
    (a) A person who has been issued a valid permit who is found to be carrying a
    concealed handgun without the permit in the person's possession or who fails to disclose to any
    law enforcement officer that the person holds a valid permit and is carrying a concealed
    handgun, as required by G.S. 14-415.11, shall be guilty of an infraction for the first offense and
    shall be punished in accordance with G.S. 14-3.1. In lieu of paying a fine for the first offense,
    the person may surrender the permit. Subsequent offenses for failing to carry a valid permit or
    for failing to make the necessary disclosures to a law enforcement officer as required by
    G.S. 14-415.11 shall be punished in accordance with subsection (b) of this section.
    (b) A person who violates the provisions of this Article other than as set forth in
    subsection (a) of this section is guilty of a Class 2 misdemeanor.

    DEFINITION of infraction:
    14‑3.1. Infraction defined; sanctions.
    (a) An infraction is a noncriminal violation of law not punishable by imprisonment. Unless otherwise provided by law, the sanction for a person found responsible for an infraction is a penalty of not more than one hundred dollars ($100.00). The proceeds of penalties for infractions are payable to the county in which the infraction occurred for the use of the public schools.
    (b) The procedure for disposition of infractions is as provided in Article 66 of Chapter 15A of the General Statutes. (1985, c. 764, s. 1.)



    Have we always been allowed to carry in state buildings if they aren't posted?
    AND
    When this says "Recreational facilities that are SPECIFICALLY identified", does it mean they have to name each and every facility in the ordinance?

    " 14-415.23. Statewide uniformity.
    It is the intent of the General Assembly to prescribe a uniform system for the regulation of
    legally carrying a concealed handgun. To insure uniformity, no political subdivisions, boards,
    or agencies of the State nor any county, city, municipality, municipal corporation, town,
    township, village, nor any department or agency thereof, may enact ordinances, rules, or
    regulations concerning legally carrying a concealed handgun. A unit of local government may
    adopt an ordinance to permit the posting of a prohibition against carrying a concealed handgun,
    in accordance with G.S. 14-415.11(c), on local government buildings, their appurtenant
    premises, and parks.buildings and their appurtenant premises. A unit of local government may
    adopt an ordinance to prohibit, by posting, the carrying of a concealed handgun on municipal
    and county recreational facilities that are specifically identified by the unit of local government.
    If a unit of local government adopts such an ordinance with regard to recreational facilities,
    then the concealed handgun permittee may, nevertheless, secure the handgun in a locked
    vehicle within the trunk, glove box, or other enclosed compartment or area within or on the
    motor vehicle. For purposes of this section, the term "recreational facilities" includes only the
    following: a playground, an athletic field, a swimming pool, and an athletic facility.

  2. #2
    Regular Member
    Join Date
    Jun 2010
    Location
    Greensboro, NC
    Posts
    150
    Does this also mean that if the park or facility is NOT posted, or posted conspicuously, then we may be able to carry concealed there?

  3. #3
    Regular Member
    Join Date
    Jul 2011
    Location
    Charlotte, NC
    Posts
    131
    [QUOTE=farkles;1660318]

    Is it not a crime any more to not tell LEO that you are carrying concealed?


    SECTION 21.(a) G.S. 14-415.21 reads as rewritten:
    " 14-415.21. Violations of this Article punishable as an infraction and a Class 2
    misdemeanor.infraction.Page 10 Session Law 2011-268 SL2011-0268
    (a) A person who has been issued a valid permit who is found to be carrying a
    concealed handgun without the permit in the person's possession or who fails to disclose to any
    law enforcement officer that the person holds a valid permit and is carrying a concealed
    handgun, as required by G.S. 14-415.11, shall be guilty of an infraction for the first offense and
    shall be punished in accordance with G.S. 14-3.1
    . In lieu of paying a fine for the first offense,
    the person may surrender the permit. Subsequent offenses for failing to carry a valid permit or
    for failing to make the necessary disclosures to a law enforcement officer as required by
    G.S. 14-415.11 shall be punished in accordance with subsection (b) of this section.
    (b) A person who violates the provisions of this Article other than as set forth in
    subsection (a) of this section is guilty of a Class 2 misdemeanor.

    I think that pretty much says you MUST still inform an officer if you are carrying concealed.


    Tim

  4. #4

  5. #5
    Regular Member
    Join Date
    May 2010
    Location
    Fayetteville, North Carolina, USA
    Posts
    381
    Quote Originally Posted by farkles View Post
    Does this also mean that if the park or facility is NOT posted, or posted conspicuously, then we may be able to carry concealed there?
    yes.

  6. #6
    Regular Member
    Join Date
    Jun 2010
    Location
    Greensboro, NC
    Posts
    150
    [QUOTE=tim12232;1660354]
    Quote Originally Posted by farkles View Post

    Is it not a crime any more to not tell LEO that you are carrying concealed?


    SECTION 21.(a) G.S. 14-415.21 reads as rewritten:
    " 14-415.21. Violations of this Article punishable as an infraction and a Class 2
    misdemeanor.infraction.Page 10 Session Law 2011-268 SL2011-0268
    (a) A person who has been issued a valid permit who is found to be carrying a
    concealed handgun without the permit in the person's possession or who fails to disclose to any
    law enforcement officer that the person holds a valid permit and is carrying a concealed
    handgun, as required by G.S. 14-415.11, shall be guilty of an infraction for the first offense and
    shall be punished in accordance with G.S. 14-3.1
    . In lieu of paying a fine for the first offense,
    the person may surrender the permit. Subsequent offenses for failing to carry a valid permit or
    for failing to make the necessary disclosures to a law enforcement officer as required by
    G.S. 14-415.11 shall be punished in accordance with subsection (b) of this section.
    (b) A person who violates the provisions of this Article other than as set forth in
    subsection (a) of this section is guilty of a Class 2 misdemeanor.

    I think that pretty much says you MUST still inform an officer if you are carrying concealed.


    Tim
    The key part of what I meant in the question was CRIME....this says INFRACTION.....much different....It used to be a CRIME

  7. #7
    Regular Member
    Join Date
    Apr 2011
    Location
    Fayetteville NC
    Posts
    751
    What I see happened to the penalty for not having the CHP with you, or failing to disclose having a permit and CC, is the change to infraction only. Not having, or failing to disclose, even in subsequent instances no longer escalates to misdemeanor. Penalty for the infraction is $100 (plus court costs) unless you surrender the permit. Misdemeanors were 30 days to six months imprisonment. I call that 'improvement'.
    You had the correct version, but when printed out on the post it did not show the verbage that was stricken out.

  8. #8
    Regular Member Snaquebite's Avatar
    Join Date
    May 2011
    Location
    Raeford
    Posts
    8

    From: legal-dictionary.thefreedictionary.com

    infraction: noun breach, breach of faith, breach of law, breach of orders, breach of privilege, breach of prommse, breach of the peace, breach of trust, breaking, crime, default, defiance, defiance of orders, encroachment, evasion of duty, failure, failure of duty, infringement, inobservance, nonobservance, nonobservance of rules, offense, omission, overstepping, refusal to obey, transgression, trespass, violation, violation of law, violation of orders, wrong
    Last edited by Snaquebite; 12-04-2011 at 08:24 AM.

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •