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
Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Monday, June 18, 2018

Pennsylvania: House Committee to Consider Multiple Gun Control Bills Tomorrow

Tomorrow, the Pennsylvania House Judiciary Committee is scheduled to consider several gun control bills that would only punish law-abiding gun owners.

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Tuesday, June 19, 2018

Pennsylvania: House Committee Passes Firearm Confiscation Orders - Schedules Additional Gun Control for Tomorrow

Today, the Pennsylvania House Judiciary Committee passed House Bill 2227, legislation that creates so-called “extreme risk protection orders” whereby a hearing would be held, firearms would be seized and constitutional rights suspended with little to no due ...

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

Friday, June 15, 2018

The Supreme Court Strikes Down Law that Targeted Gun Owners’ Speech

The Supreme Court struck down a Minnesota law that forbade voters from wearing “political insignias” at polling places after the law was challenged by a voter who was told he must remove or cover his ...

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

News  

Friday, June 15, 2018

The Rolling Stone Continues its Inaccurate Anti-NRA Reporting

It is by no means a closely held secret that Rolling Stone magazine has aggressively promoted an anti-gun agenda for many decades.  It started in 1980, with the death of John Lennon at the hands of ...

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

News  

Friday, June 15, 2018

D.C. Area Witches Unite for Gun Control, Hurl Curses at the NRA

Gun control advocates can now boast of a new group of allies joining their dubious coalition: witches. It kind of makes sense. We all know that gun control is based mainly on magical thinking. Its advocates, after ...

Delaware: Contact Your Senator Immediately in Opposition to Gun Ban Legislation

Friday, June 15, 2018

Delaware: Contact Your Senator Immediately in Opposition to Gun Ban Legislation

On Tuesday, June 19, the Delaware Senate could consider legislation (Senate Bill 163) that would ban commonly owned semi-automatic firearms in Delaware.

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

Wednesday, June 20, 2018

Pennsylvania: Gun Control Legislation to be Considered on the House Floor

This morning, the House Judiciary Committee continued its push for gun control by passing House Bill 1872, legislation which would ban many firearm accessories.

Oregon: Gun Ban Initiative Ballot Title Finalized

Friday, May 25, 2018

Oregon: Gun Ban Initiative Ballot Title Finalized

On May 23rd, the ballot title for Initiative Petition 43 was certified by the state Attorney General.  This final ballot title comes after over 1,000 comments were submitted on the previously proposed ballot title.  Initiative proponents will ...

California Farmer Has Guns Confiscated and Faces Felony Charges After Trying to Register Rifle

News  

Gun Laws  

Friday, June 8, 2018

California Farmer Has Guns Confiscated and Faces Felony Charges After Trying to Register Rifle

California residents attempting to comply with the Golden State’s ever-increasing swamp of firearms laws and regulations should take warning. According to a report out of Bakersfield, a good faith effort to obey the state’s labyrinthine ...

Not So Breaking News: Trio of Anti-Gun Orgs Rehash Worn-Out Gun Control Policies

News  

Friday, June 15, 2018

Not So Breaking News: Trio of Anti-Gun Orgs Rehash Worn-Out Gun Control Policies

This week the press gleefully reported the anti-gun pronouncements of a trio of diverse special interest groups. The Washington Post announced, “Frustrated [American Medical Association] adopts sweeping policies to cut gun violence.” In a separate ...

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

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.