© 2005 to Present Guns, Ordinances, & Other Legal Stuff NCEMA 2012 Fall Conference Norma Houston, UNC School of Government

© 2005 to Present House Bill 843 – Effective Oct. 1 st 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 LawHB 843 Penalty Classification Class 3 misdemeanor Class 2 misdemeanor Sentence Community 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 Penalties GS 15A

© 2005 to Present Myth vs. Fact Myth 1.Criminal penalty is new 2.Penalty only applies to evacuation orders Fact 1.Criminal penalty authorized in original 1969 legislation (SL ) 2.Penalty applies to ANY violation of a local declaration prohibition, such as curfews and limited reentry

© 2005 to Present Myth vs. Fact Myth 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. Fact Myth 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 Sign-up for meeting notices

© 2005 to Present

© 2005 to Present

Questions? Norma Houston (919)