GUN LAWS NEWS UPDATE 04/05/2023

North Carolina Senate overrides Governor’s veto of SB41

• After both chambers of the North Carolina legislature passed SB41, also known as the “Guarantee 2nd Amendment Freedom and Protections Act”, the Governor of the state vetoed the bill.
• On March 28th, the NC Senate overrode the veto. The House later voted to also override the veto.
• Both North Carolina chambers have overrode the Governor’s veto. The bill will become law and the pistol purchase permit “requirement” will end.

The bill will remove the requirement that citizens obtain a permit before purchasing a firearm. The bill also adds a resource for citizens to learn about “safe storage” options and allows the congregation of churches with associated schools to carry concealed.

The Governor commented regarding the override of his veto stating “Hours after children were shot to death in their school, North Carolina GOP leaders announced a vote to eliminate strong North Carolina background checks and make it easier for dangerous people to buy guns and take them on some school grounds. Outrageous.”

The passage of this bill will end the requirement of citizens to purchase a permission slip prior to purchasing a firearm.

North Carolina legislature overrides veto and repeals permit requirement for handgun purchase

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Florida becomes a “permitless carry” state.

The Governor of Florida has signed SB150/HB543 into law.

• The bill effectively makes Florida a permitless carry state.
• Specifically, it authorizes a person to carry a concealed weapon if he or she is licensed to do so, or meets the specified requirements.
• The bill requires a person who is carrying a concealed weapon without a license to carry identification and to present said identification to law enforcement when asked.
• The bill prohibits a person who is carrying a concealed weapon without a license from carrying such a weapon in specified locations.
• The bill also authorizes non-residents to carry a concealed weapon in the state as long as he or she meets the same requirements as residents.
• The bill also adds “private schools to the list of educational facilities that can ask the local sheriff for help establishing a guardian program, requires law enforcement agencies to develop an active assailant response policy, requires the Office of Safe Schools to develop a behavioral threat management operational process and develops a threat management portal.”

The bill allows citizens to carry concealed without a permit. It does not remove the background check process and it does not allow for “open carry”. It is illegal to open carry in the state of Florida. For this reason Florida is not considered a “constitutional carry” state even in light of the passage of this new law. The law takes effect on July 1st,2023.

https://www.myfloridahouse.gov/Sections/Bills/billsdetail.aspx?BillId=77202

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MINNESOTA: U.S. District Court Judge rules the 2nd Amendment now applies to all adults, not just those 21 years old and up.

• A U.S. District Court in Minnesota has issued summary judgment immediately enjoining the state’s prohibition on 18 to 20 year old adults from obtaining a permit to carry a firearm.
• The new ruling makes it legal for those over 18 to possess a handgun in public.
• Since 2003 adults had to be 21 and older to exercise their 2nd Amendment rights.

The judge said “Based on a careful review of the record, the court finds that defendants have failed to identify analogous regulations that show a historical tradition in America of depriving 18 to 20 year olds the right to publicly carry a handgun for self-defense… As a result, the age requirement prohibiting persons between the ages of 18 and 20 from obtaining such a permit to carry violates the Second Amendment.”

The case was decided in response to the landmark New York State Rifle & Pistol Association v. Bruen ruling in 2022.

https://gunownersmn.s3.us-east-2.amazonaws.com/litigation-worth/84+summary+judgment+opinion.pdf