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Guns, Ordinances, & Other Legal Stuff. NCEMA 2012 Fall Conference Norma Houston, UNC School of Government. House Bill 843 – Effective Oct. 1 st. Updated statutes should be published and available online in next 2-3 weeks. New Limitation on Gun Restrictions.

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Guns ordinances other legal stuff

Guns, Ordinances, & Other Legal Stuff

NCEMA 2012 Fall Conference

Norma Houston, UNC School of Government


House bill 843 effective oct 1 st
House Bill 843 – Effective Oct. 1st

Updated statutes should be published and available online in next 2-3 weeks


New limitation on gun restrictions
New Limitation on Gun Restrictions

“Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasoline”

Violations punishable as Class2 misdemeanor

“EXCEPT LAWFULLY POSSESSED FIREARMS (handguns, rifles, and shotguns) AND AMMUNITION”


What does this mean
What Does This Mean?

Still Can:

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

  • 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


Hb 843 changes relevant to local governments
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 2misd.


What now
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)


Criminal penalty public confusion
Criminal Penalty – Public Confusion?

Punishment for violation of a restriction or prohibition imposed under a local state of emergency declaration


Misdemeanor penalties gs 15a 1340 23
Misdemeanor PenaltiesGS 15A-1340.23


Myth vs fact
Myth vs. Fact

Myth

Fact

Criminal penalty authorized in original 1969 legislation (SL 1969-869)

Penalty applies to ANY violation of a local declaration prohibition, such as curfews and limited reentry

  • Criminal penalty is new

  • Penalty only applies to evacuation orders


Myth vs fact1
Myth vs. Fact

Myth

Fact

Criminal penalties can only be imposed after conviction; only the district attorney can prosecute criminal charges

Criminal penalties ONLY prosecuted at the discretion of the district attorney

  • Local EM coordinators can impose fines and put offenders in jail

  • Local governments are REQUIRED to impose criminal penalties


Myth vs fact2
Myth vs. Fact

Myth

Fact

Only offenders with 5 or more prior convictions are eligible for jail time

Criminal penalty increased to be consistent with punishment level for violation of Gubernatorial restriction (also included in original 1969 legislation)

  • Offenders automatically receive jail time

  • Purpose of increase in criminal penalty was to scare residents into evacuating


Joint legislative em oversight committee
Joint Legislative EM Oversight Committee

www.ncleg.net

Sign-up for email meeting notices



Questions
Questions?

Norma Houston

nhouston@sog.unc.edu

(919) 843-8930