© 2005 to Present

Guns, Ordinances, & Other Legal Stuff

NCEMA 2012 Fall ConferenceNorma Houston, UNC School of Government

© 2005 to Present

House Bill 843 – Effective Oct. 1st

Updated statutes should be published and available online in next 2-3 weeks

© 2005 to Present

New Limitation on Gun Restrictions

Violations punishable as Class 2 misdemeanor

“Possession, transportation, sale, purchase, storage and use of dangerous weapons and gasoline”

“EXCEPT LAWFULLY POSSESSED FIREARMS (handguns, rifles, and shotguns) AND AMMUNITION”

© 2005 to Present

What Does This Mean?Still Can: Restrict other “dangerous

weapons and substances” Enforce curfew or non-

weapons restrictions against person even if lawfully possessing a firearm

Enforce other state gun laws (ex: concealed-carry permit)

Include gun stores among other business restrictions

Now Can’t: Apply weapons restrictions

to lawfully possessed firearms (handguns, rifles, and shotguns)

Prohibit lawful sale of ammo for lawfully possessed firearms

Prohibit lawful concealed carrying

© 2005 to Present

HB 843 Changes Relevant to Local Governments

Local declarations expire when terminated Local declarations apply in part or all of

jurisdiction Some or all of local restrictions can be applied Mayor can extend county declaration into city Specifically authorizes curfews and

voluntary/mandatory evacuations Increase penalty for violations to Class 2 misd.

© 2005 to Present

What Now?

Review changes with your local attorney, officials, law enforcement, etc.

Update local emergency ordinances (HB843 validates existing ordinances, but always best to be consistent with state law)

© 2005 to Present

Criminal Penalty – Public Confusion?

Prior Law HB 843Penalty

ClassificationClass 3

misdemeanorClass 2

misdemeanor

SentenceCommunity

punishment to up to 20 days in jail

Community punishment to up to

60 days in jail

Maximum Fine $200 $1000

Punishment for violation of a restriction or prohibition imposed under a local state of emergency declaration

© 2005 to Present

Misdemeanor PenaltiesGS 15A-1340.23

© 2005 to Present

Myth vs. FactMyth

1. Criminal penalty is new

2. Penalty only applies to evacuation orders

Fact

1. Criminal penalty authorized in original 1969 legislation (SL 1969-869)

2. Penalty applies to ANY violation of a local declaration prohibition, such as curfews and limited reentry

© 2005 to Present

Myth vs. FactMyth

3. Local EM coordinators can impose fines and put offenders in jail

4. Local governments are REQUIRED to impose criminal penalties

Fact

3. Criminal penalties can only be imposed after conviction; only the district attorney can prosecute criminal charges

4. Criminal penalties ONLY prosecuted at the discretion of the district attorney

© 2005 to Present

Myth vs. FactMyth

5. Offenders automatically receive jail time

6. Purpose of increase in criminal penalty was to scare residents into evacuating

Fact

5. Only offenders with 5 or more prior convictions are eligible for jail time

6. Criminal penalty increased to be consistent with punishment level for violation of Gubernatorial restriction (also included in original 1969 legislation)

© 2005 to Present

Joint Legislative EM Oversight Committee

www.ncleg.netSign-up for email meeting notices

© 2005 to Present

www.sog.unc.edu/ncem

© 2005 to Present

© 2005 to Present

© 2005 to Present

Questions?

Norma Houstonnhouston@sog.unc.edu

(919) 843-8930