Explore The NRA Universe Of Websites

APPEARS IN Legal & Legislation

North Carolina Governor Signs SB2081

Saturday, August 9, 2008

On Saturday, August 9 Governor Mike Easley (D) signed SB 2081 in to law.

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
California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Wednesday, November 30, 2016

California: Bullet Button Guns Must be Purchased and Received by Dec 31st

Recently the California Department of Justice Bureau of Firearms sent out a notice to California firearms dealers with information regarding the recently passed “assault weapon” legislation, SB880 and AB 1135.

New Jersey:  Urgent! Legislation Puts Shooting Ranges in Crosshairs

Wednesday, November 30, 2016

New Jersey: Urgent! Legislation Puts Shooting Ranges in Crosshairs

Shooting ranges as we know them may be a thing of the past if anti-gun politicians have their way in the Garden State.  A pair of dangerous bills are scheduled in the Assembly Law & ...

Illinois: Suppressor Legalization Legislation Passes out of Senate Committee - But your Senator Still Needs to Hear from You!

Hunting  

Tuesday, November 29, 2016

Illinois: Suppressor Legalization Legislation Passes out of Senate Committee - But your Senator Still Needs to Hear from You!

Thanks to your emails and calls, Senate Bill 206, legislation which would legalize the possession and use of suppressors in Illinois, was passed out of committee and has been sent to the Senate floor for consideration.

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

News  

Thursday, December 1, 2016

Gun Control Supporters Race to Embarrass Themselves Following OSU Stabbing Attack

Guinness World Records may refuse to acknowledge feats pertaining to the lawful exercise of right to keep and bear arms, but how about a world record for most shameless attempt to politicize tragedy? The competition would ...

Eleventh Hour Changes to Federal Firearm Form

News  

Friday, November 18, 2016

Eleventh Hour Changes to Federal Firearm Form

In what will hopefully be one of the final acts of the Obama Administration on firearms, the ATF on Monday announced that its proposed changes to the Form 4473 would go into effect on January ...

News  

Friday, July 1, 2016

California Governor Signs Draconian Gun Control Package into Law

Fairfax, Va.— California Gov. Jerry Brown signed into law on Friday a package of gun bills that were rushed through the state legislature with no regard for proper process. The National Rifle Association Institute for ...

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

News  

Thursday, December 1, 2016

DNC Chair Frontrunner Rep. Keith Ellison (D-Minn.) is an Anti-Second Amendment Radical

It appears that those gun rights supporters hoping that the leaders of the Democratic Party would engage in a moment of self-reflection following their historic defeat in the 2016 election may be left wanting. Despite ...

NRA Applauds the Pre-Filing of Texas Senate Bill 16

Wednesday, November 30, 2016

NRA Applauds the Pre-Filing of Texas Senate Bill 16

Your NRA-ILA applauds Texas Lieutenant Governor Dan Patrick and state Senator Robert Nichols (R-Jacksonville) for prioritizing and pre-filing legislation for the 85th regular session to address License To Carry (LTC) fees in Texas.

Peruta Case is Supreme Court Bound -- Help Bring Shall Issue to California

Tuesday, November 29, 2016

Peruta Case is Supreme Court Bound -- Help Bring Shall Issue to California

Now that we have secured a big win in the presidential election, NRA is working with the California Rifle and Pistol Association (CRPA) to take the Peruta case to the U.S. Supreme Court and bring ...

Gun Sales Deny Critics, Set Record on Black Friday

News  

Thursday, December 1, 2016

Gun Sales Deny Critics, Set Record on Black Friday

With the election of Donald Trump in early November, many mainstream news sources predicted a substantial downturn in gun sales. Some even claimed that Trump’s victory would cause slower sales on Black Friday, which is ...

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.