2A Freedoms Act

From the desk of our political analyst Demetria Carter ...

On April 7, 2021, State Senators Britt, Perry, and Johnson introduced Senate Bill (SB) 687 – The Second Amendment Freedoms Act. This bill has two substantive parts:

  • Part I. Firearms Rights Restoration Revisions
  • Part II. Repeal Pistol Purchase Permit

Part I – Firearms Rights Restoration Revisions:

A person who was convicted of a nonviolent felony in North Carolina but whose civil rights have been restored … for a period of at least 10 years may petition the district court in the district where the person resides to restore the person's firearms rights. The court may restore a petitioner's firearms rights after a hearing in court if the court determines that the petitioner meets the criteria set out in this section and is not otherwise disqualified to have that right restored.

Part II – Repeal Pistol Purchase Permit:  This part repeals several sections of North Carolina General Statutes addressing firearms.

  • G.S. 14-402 is repealed.  It currently prohibits any person from selling, transferring, purchasing, or receiving a firearm unless a license or permit is first obtained from the sheriff of the county in which the purchaser or receiver resides, or the purchaser or receiver holds a valid NC concealed handgun permit.
  • G.S. 14-403 is repealed.  It currently requires the sheriff of a county to issue a license or permit to purchase or receive any weapon.  This section also prescribes the format of the license or permit and the expiration date.
  • GS 14-404 is repealed.  It currently addresses the Issuance or refusal of permit; appeal from refusal; grounds for refusal; and the sheriff's fee.
  • G.S. 14-405 is repealed.  It currently addresses the records and the information/data of the permits issued by the sheriffs.
  • G.S. 14-407.1 is repealed. This section currently addresses the sale of blank cartridge pistols.
  • G.S. 14-315(b1)(1) is repealed. Section 14-315 addresses selling or giving weapons to minors.  This subsection--(b1)(1)—currently states:  

(b1) Defense. It shall be a defense to a violation of this section if all of the following conditions are met:

(1) The person shows that the minor produced an apparently valid permit to receive the weapon if such a permit would be required for transfer of the weapon to an adult.

Our friends at the NRA provide with respect to the pistol purchase permit –

“The pistol purchase permit was created before modern, computerized background checks existed. The federal NICS checks conducted by licensed firearms dealers are often completed in minutes. This relic, that is the pistol purchase permit, now only serves as a time barrier, an unnecessary fee, and a general inconvenience to the exercise of the Second Amendment.“