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Bill > H643


NC H643

NC H643
Clarify Firearm Storage Law


summary

Introduced
04/01/2025
In Committee
04/02/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 Session

Bill Summary

AN ACT TO CLARIFY THAT THE LAW REQUIRING THE STORAGE OF FIREARMS TO PROTECT MINORS APPLIES TO FIREARMS THAT ARE LOADED AND UNLOADED. Whereas, in State v. Cable, No. COA23-192 (2024), our Court of Appeals held that our criminal statute requiring safe storage of firearms around minors, G.S. 14-315.1, was ambiguous; and Whereas, in that case, the Court declined to consider a firearm to be "in a condition that the firearm can be discharged" when it was stored unloaded and sitting next to ammunition; and Whereas, in that case, a 16-year-old spending the night at a friend's house found the firearm and ammunition, loaded the firearm, and accidentally killed himself; and Whereas, G.S. 14-315.1 already requires, for it to be criminal conduct, that the firearm be used in a harmful way—such as causing injury or committing a crime; and Whereas, storing a firearm next to ammunition and accessible to minors is the sort of conduct that, when it leads to harm, is plainly within the dangerous conduct the statute is intended to reach; Now, therefore,

AI Summary

This bill clarifies North Carolina's firearm storage law (G.S. 14-315.1) to remove ambiguity about when the law applies to firearm storage around minors. The key change eliminates language that previously required a firearm to be "in a condition that the firearm can be discharged," which had created legal uncertainty about whether unloaded firearms were covered by the statute. The bill modifies the existing law to hold a person criminally responsible for storing a firearm in a manner that an unsupervised minor could access, regardless of whether the firearm is loaded or unloaded. The offense remains a Class A1 misdemeanor and applies when a minor gains unauthorized access to the firearm and then: possesses the firearm illegally, exhibits it threateningly in public, causes personal injury or death, or uses the firearm to commit a crime. The bill was likely prompted by a specific court case (State v. Cable) where a tragic incident involving a teenage fatality highlighted the legal ambiguity. The new law will take effect on December 1, 2025, and will apply to offenses committed on or after that date, giving time for law enforcement and citizens to understand the updated requirements.

Committee Categories

Government Affairs

Sponsors (16)

Last Action

Ref To Com On Rules, Calendar, and Operations of the House (on 04/02/2025)

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