Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

SB2081 Heads to Governor’s Desk in North Carolina!

Friday, July 18, 2008

On Thursday, July 17, the North Carolina House of Representatives passed Senate Bill 2081 by a vote of 111 to 0.  SB 2081 will now head to the desk of Governor Mike Easley (D) for his consideration. This legislation makes critical changes to North Carolina law in order to get the Tar Heel State in compliance with the federal “NICS Improvement Amendments Act,” which was signed into law in January of this year.  This federal law provides financial incentives to states to make records of prohibited individuals available for use in the National Instant Criminal Background Check System (NICS).  As it relates to S 2081 in North Carolina, “The NICS Improvement Amendments Act” requires states to establish a system that would allow individuals who have been involuntarily committed, by a court, to a mental health treatment program to have their commitment reported to NICS.  Individuals with such commitments are already prohibited under federal law from purchasing or possessing a firearm, but not all applicable commitments are currently reported to NICS.

As originally introduced, this legislation had some areas that would have caused serious concern among the pro-gun community.  NRA worked with both the bill sponsor, State Senator Tony Rand (D-19), as well as Attorney General Roy Cooper (D), who originally proposed the legislation, to make numerous improvements to S 2081.  In addition, State Senator Phil Berger (R-26) offered several amendments that also improved the legislation.  As passed, S 2081 now requires the reporting to NICS of all involuntary commitments to a mental health treatment program, provided such commitment carried with it a finding that the individual was “a danger to self or others.”  This legislation also establishes a process, which includes a hearing that is “closed to the public,” for one affected by the commitment provision to petition to have his or her name removed from NICS, thus restoring the petitioner’s ability to legally purchase, possess, and transfer firearms.  This process requires the petitioner to prove he or she should be removed from the system by establishing by a “preponderance of evidence” that he or she has met the standard to remove the bar from purchasing, possessing, or transferring a firearm due to the involuntary commitment.  These three specific provisions were improvements made by Sen. Berger’s amendments.  Initially, the commitments reported would have included those where there was no finding that the individual committed was a “danger to self or others.”  It also established the hearing as being open to the public, and would have required the petitioner to show “clear and convincing evidence” as to why the purchase, possession, and transfer bar should be removed, rather than the lower standard of “preponderance of evidence.”

This legislation goes no further than the requirements under the “NICS Improvement Amendments Act,” and NRA is grateful to those legislators who worked to both improve the original version, as well as those who made sure no anti-gun amendments were added to it.

TRENDING NOW
The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

News  

Wednesday, July 19, 2017

The Danger Of A “Not In My Backyard” Mentality On Shooting Ranges

Muscatine County, Iowa, is home to about 40,000 people, and like too many places around the country, gun owners there have no public range where they can practice or compete safely. That may be changing, ...

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

News  

Wednesday, July 12, 2017

Court to Texas College Professors: Your Irrational Fear of Gun Owners Is Not Legally Addressable

Last Thursday, a federal judge in Austin, Texas, dismissed a lawsuit by several professors who sought to block the University of Texas from implementing a state law that provides for the lawful carrying of concealed ...

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

Monday, July 17, 2017

California: Anti-Gun Bills to be Heard in Assembly Appropriations Committee on Wednesday, July 19

On Wednesday, July 19, anti-gun bills SB 464 and SB 497 are scheduled to be heard in the Assembly Appropriations Committee at 9AM in State Capitol room 4202.  Assembly Bill 424 remains eligible for third ...

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

Friday, July 14, 2017

CMP Sales of 1911s One Step Closer With House Passage of 2018 NDAA

On Friday, the U.S. House of Representatives passed H.R. 2810, the National Defense Authorization Act (NDAA) for Fiscal Year 2018. Included in the bill is a provision that would make U.S. Army surplus 1911 .45 ACP ...

One More Reason Gun Owners Should Be Celebrated

News  

Second Amendment  

Thursday, July 20, 2017

One More Reason Gun Owners Should Be Celebrated

The safety record of America’s gun owners is nothing short of stunning. 

California:  "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Friday, July 21, 2017

California: "Assault Weapon" Regulations Take 3: CA DOJ Resubmits Regulations

Today, July 21, the California Department of Justice (“DOJ”), without warning or any notification,  submitted another set of proposed regulations for the registration of newly classified “assault weapons” to the Office of Administrative Law.  As ...

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Friday, July 14, 2017

Gun Control Groups: Good at Gloating, Bad at Counting on Advancing National Reciprocity Effort

Apparently, Michael Bloomberg is good at counting money but not so good at counting votes. This week, Breitbart reported that Everytown for Gun Safety, Michael Bloomberg’s gun ban conglomerate, was claiming a “win” for congressional ...

Guide To The Interstate Transportation Of Firearms

Gun Laws  

Thursday, January 1, 2015

Guide To The Interstate Transportation Of Firearms

CAUTION: Federal and state firearms laws are subject to frequent change. This summary is not to be considered as legal advice or a restatement of law.

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

News  

Friday, July 14, 2017

Run, Hide, Perish – Survival Do’s and Don’ts from Across the Pond

The United States Department of Homeland Security (DHS) advises persons at risk of harm from an active shooter to “Run, Hide, Fight” (in that order), recommending “fight” – incapacitating or “attempt[ing] to take the active ...

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

Tuesday, July 18, 2017

California: DOJ Releases Proposed Regulations Regarding Ammunition Vendor Licensing

On Friday, July 14th, the California Department of Justice, Bureau of Firearms (“DOJ”) claims to have released its anticipated proposed regulations for the issuance of ammunition vendor licenses.  Under the Administrative Procedure Act, a government ...

MORE TRENDING +
LESS TRENDING -
NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.