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NC Parking Lot Bill!!!

elixin77

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Feb 20, 2010
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Greenville, NC, ,
so if my legalese to english translator is working, this bill pretty much says that a place of business is no longer allowed to prohibit firearms that are locked up in the car - is that right? So if we go somewhere that doesn't allow firearms, then we can lock them up in the car without any repercussions from the business, and if something happens, we can sue them for civil damages. is that also right?

If that is, then why do they keep putting "takes effect dec. 1st of '11"? This bill would be far more effective if it became effective immediately, just like the castle doctrine law
 

mekender

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Feb 22, 2008
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so if my legalese to english translator is working, this bill pretty much says that a place of business is no longer allowed to prohibit firearms that are locked up in the car - is that right? So if we go somewhere that doesn't allow firearms, then we can lock them up in the car without any repercussions from the business, and if something happens, we can sue them for civil damages. is that also right?

If that is, then why do they keep putting "takes effect dec. 1st of '11"? This bill would be far more effective if it became effective immediately, just like the castle doctrine law


No, this would apply to employers not to places where you visit as a customer.
 

mekender

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Here is the note I sent to my house rep:

Mr Brown,

I wish to thank you for your introduction/co-sponsorship of the H63. the Firearm in Locked Motor Vehicle/Parking Lot bill. This bill is one of the first few of many that I hope to see put forward here in the great state of North Carolina that will increase the personal freedoms of state residents this legislative session. I look forward to hearing more about this and other bills as they progress and encourage that you and your colleagues continue to dismantle many of the freedom restricting laws that have been enacted over the many prior decades where the Democrats were in control of the House and Senate.

Additionally I would like to encourage you to support and vote for H52.The Castle Doctrine.

Thank you for your time and your hard work,

[Mekender]
 

mekender

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Probably true. And then universities and k-12 would probably need to be separate as well.

Perhaps... I would think that it would be easier to pass a guns in cars bill for primary schools and then a separate concealed carry on campus bill for colleges than it would be to blanket both in the same bill.
 

hrdware

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Feb 8, 2011
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Moore, OK
No, this would apply to employers not to places where you visit as a customer.

medender, I believe you are incorrect. It looks as if this bill applies to all business. Part (b) of the bill states that no business, commercial enterprise, or employer can say you can't leave a locked gun in your car. Using your logic, a business can be one which you are not employed, therefore if you work for company A, when you go to store B (since you are not an employee) they could say you could not leave your firearm in your car on their property.

Oklahoma has a similar law. The civil suit can be filed against the business if you are forced to park off their property to leave your weapon in your car, someone breaks in and steals your gun and uses it in a crime.

The only employee/employer relation in this bill is that if you are terminated because of leaving a firearm in your locked car, then you can request (and take to court if need be) to be restored to your previous position, rate of pay, seniority, and for reasonable attorney fees.

Hope this passes for you guys.
 

hrdware

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Probably true. And then universities and k-12 would probably need to be separate as well.

I think I remember hearing somewhere that k-12 schools were gun free zones under some federal ordinance or something. Can anyone confirm for deny with citation that this is or is not the case?
 

mekender

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I just got a reply back from my email to Rep Brown:

There is a better Castle Doctrine bill coming I support. Larry
Short and sweet, I like him more now...
 

mekender

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medender, I believe you are incorrect. It looks as if this bill applies to all business. Part (b) of the bill states that no business, commercial enterprise, or employer can say you can't leave a locked gun in your car. Using your logic, a business can be one which you are not employed, therefore if you work for company A, when you go to store B (since you are not an employee) they could say you could not leave your firearm in your car on their property.

Oklahoma has a similar law. The civil suit can be filed against the business if you are forced to park off their property to leave your weapon in your car, someone breaks in and steals your gun and uses it in a crime.

The only employee/employer relation in this bill is that if you are terminated because of leaving a firearm in your locked car, then you can request (and take to court if need be) to be restored to your previous position, rate of pay, seniority, and for reasonable attorney fees.

Hope this passes for you guys.

Section (c)(4) says:

(4) Where transport or storage of a firearm is prohibited by State or federal law or regulation.

Since possession on campuses is prohibited by state law, this would apply and carrying/possessing on campuses would be illegal.
 

Spearhead

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Jan 29, 2011
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150 miles South of Richmond
I like it. I have always thought that since I am within the law by carrying, that if I go to some place that prohibits it, they should be required to provide me a place to secure it, sort of like the deputies do when they go into a jail.

I mean, I have been around town on many occasions and found the need to go to the Post office or restaurant that serves beer or some other "prohibited" place and have no other option that to leave it in the car for someone to steal. It's never happened to me, but the paper is full of reports of broken into vehicles where they list a handgun stolen. Even if it is "hidden" even a half-assed thief knows to explore for spare change, GPS's, and other stuff that the police advise you to "hide out of sight".
 
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RayBurton72

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Jul 28, 2008
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235
Location
Greensboro, ,
so if my legalese to english translator is working, this bill pretty much says that a place of business is no longer allowed to prohibit firearms that are locked up in the car - is that right? So if we go somewhere that doesn't allow firearms, then we can lock them up in the car without any repercussions from the business, and if something happens, we can sue them for civil damages. is that also right?

If that is, then why do they keep putting "takes effect dec. 1st of '11"? This bill would be far more effective if it became effective immediately, just like the castle doctrine law

Even the castle doctrine law will (if passed) go into effect Dec. 1, 2011 - nearly every law in NC goes into effect after the end of the session in which it is passed (unless stated to go into effect later).
 

elixin77

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Feb 20, 2010
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Greenville, NC, ,
Even the castle doctrine law will (if passed) go into effect Dec. 1, 2011 - nearly every law in NC goes into effect after the end of the session in which it is passed (unless stated to go into effect later).

Which is why I say that they should reword the section where the bill comes into effect, to read "This bill goes into effect upon signing into law"

Castle doctrine is very important, and the sooner it becomes law, the better off we all are
 

mekender

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Feb 22, 2008
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Even the castle doctrine law will (if passed) go into effect Dec. 1, 2011 - nearly every law in NC goes into effect after the end of the session in which it is passed (unless stated to go into effect later).

We can always encourage them to make it effective sooner.
 

sultan62

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Jul 2, 2010
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1,311
Location
Clayton, NC
I think I remember hearing somewhere that k-12 schools were gun free zones under some federal ordinance or something. Can anyone confirm for deny with citation that this is or is not the case?

Gun Free School Zone Act, nullified if you have a concealed/carry permit/license issued by your state of residence. It's a ridiculous law passed under the auspices of interstate commerce.
 

chiefjason

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Jan 29, 2009
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Hickory, NC, ,
We can always encourage them to make it effective sooner.

Supposedly Sen. Daniels is going to bring this up when the CD is heard in Jud II. He is co-chair. I emailed him about it and he seemed to feel it was a reasonable request. We'll see. But this talk of a better CD has me intrigued. Possibly "stand your ground"?
 

cricketdad

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May 29, 2010
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381
Location
Fayetteville, North Carolina, USA
Supposedly Sen. Daniels is going to bring this up when the CD is heard in Jud II. He is co-chair. I emailed him about it and he seemed to feel it was a reasonable request. We'll see. But this talk of a better CD has me intrigued. Possibly "stand your ground"?

Since Sen. Daniels has let the cat out of the bag, this bill is supposed to be twice as long as the other 2.
 

hrdware

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Feb 8, 2011
Messages
740
Location
Moore, OK
Section (c)(4) says:



Since possession on campuses is prohibited by state law, this would apply and carrying/possessing on campuses would be illegal.

I was referring to your original post where you said this would only apply to employers, not places you visited as a customer.

I agree with you that this bill does not allow the same ability to leave in your car at a place where carrying is already prohibited. Oklahoma law is a bit different in this case. Our parking lot law exempts ALL parking lots from this restriction. There have been many times I have had to leave my firearm hidden in my locked car while attending a college course.
 
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