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
Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

News  

Friday, May 26, 2017

Rep. Rob Bishop Introduces the "Lawful Purpose and Self Defense Act"

On Wednesday, May 24, 2017, Chairman of the House Committee on Natural Resources Rob Bishop (R-UT) introduced H.R. 2620, the "Lawful Purpose and Self Defense Act." This bill would remove ATF's authority to use the ...

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

Second Amendment  

Friday, May 19, 2017

Court's Commonsense Conclusion: "There Was a Gun" Isn't Enough to Justify Issuing a Restraining Order

The Supreme Court of North Dakota confirmed this week that simply possessing a handgun while on one’s own private property cannot support a finding of "disorderly conduct" under the state’s disorderly conduct restraining order law. ...

Concealed Carrying Hits New High, Underscores Need for National Law

News  

Friday, May 26, 2017

Concealed Carrying Hits New High, Underscores Need for National Law

Information collected by the Crime Prevention Research Center (CPRC) indicates an unprecedented surge in the number of concealed carry permits, with the largest one-year increase on record occurring between May 2016 and May 2017.

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

News  

Second Amendment  

Friday, May 26, 2017

Legislation Reintroduced to Permanently Dismantle Obama-Era Enforcement Abuse

This week, Rep. Blaine Luetkemeyer (R-MO) reintroduced the Financial Institution Customer Protection Act, a bill aimed at permanently dismantling Operation Choke Point (OCP).  

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

News  

Thursday, May 25, 2017

Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

The National Rifle Association Institute for Legislative Action (NRA-ILA) today applauded Texas Gov. Greg Abbott for signing into law NRA-backed legislation that will make license to carry fees in Texas among the lowest in the ...

Illinois: House Committee Passes Bill to Close Local Gun Dealers

Tuesday, May 16, 2017

Illinois: House Committee Passes Bill to Close Local Gun Dealers

The House Judiciary Committee passed Senate Bill 1657 by a 7-6 vote.

Nevada: Governor Sandoval Signs AB 118!

Monday, May 22, 2017

Nevada: Governor Sandoval Signs AB 118!

Today, May 22, Governor Brian Sandoval signed important pro-gun legislation, Assembly Bill 118, into law.  AB 118, sponsored by Assemblyman Skip Daly, will allow members of the military and those who have received an honorable ...

New Zealand Police Mislead Current and Prospective Gun Owners

News  

Thursday, May 25, 2017

New Zealand Police Mislead Current and Prospective Gun Owners

Back in April, NRA-ILA alerted readers to the results of the New Zealand Parliament Law and Order Committee’s “Inquiry into issues relating to the illegal possession of firearms in New Zealand,” which proposed that a ...

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

News  

Friday, May 26, 2017

Public Health Researchers Use Common Gun Control Tactic to Mislead on “Children” and Guns

It is one of the most well-worn tactics of those who advocate for gun control. Step one, acquire statistics on firearms injuries among children ages 0-14. Step two, combine these relatively low numbers with the ...

Texas: Governor Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

Wednesday, May 24, 2017

Texas: Governor Abbott Signs Senate Bill 16, Bringing Texas License To Carry Fees Down to Among Lowest in Nation

On Friday morning, Governor Greg Abbott (R) signed into law Senate Bill 16, NRA-backed legislation that brings Texas' License To Carry application fees down to among the lowest in the country.  Sponsored by State Sen. Robert Nichols ...

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.