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NC H886

Bill

Status

Introduced

4/14/2015

Primary Sponsor

Mitchell Setzer

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Declares federal laws, executive orders, and court orders that infringe on the right to keep and bear arms invalid and unenforceable in North Carolina, including taxes, registration requirements, possession prohibitions, and confiscation orders on firearms and ammunition.

  • Prohibits state and local government agencies and employees from enforcing federal firearms regulations that restrict law-abiding citizens' rights under the Second Amendment or North Carolina Constitution Article I, Section 30.

  • Creates a private right of action allowing citizens whose firearms rights are infringed to sue for declaratory relief, injunctive relief, compensatory damages, and attorney's fees and court costs.

  • Requires claimants to provide 60 days' written notice by certified mail before filing suit, unless the infringement is imminent and the claimant lacked reasonable notice of the enforcement action.

  • Waives sovereign and governmental immunity for state government and local agencies for damages related to violations, eliminates official immunity defense for employees and officials, and establishes a one-year statute of limitations for damage claims.

Legislative Description

Second Amendment Preservation Act

Last Action

Ref To Com On Judiciary I

4/15/2015

Committee Referrals

Judiciary I4/15/2015

Full Bill Text

No bill text available