North Carolina § 14-415 - 10. Definitions.

§ 14-415. 10. Definitions.

The following definitions apply to this Article: Carry a concealed handgun. - The term includes possession of a concealed handgun. Deployed or deployment. - Any military duty that removes a military permittee from the permittee's county of residence during which time the permittee's permit expires or will expire. Handgun. - A firearm that has a short stock and is designed to be held and fired by the use of a single hand. Military permittee. - A person who holds a permit who is also a member of the Armed Forces of the United States, the reserve components of the Armed Forces of the United States, the North Carolina Army National Guard, or the North Carolina Air National Guard. Permit. - A concealed handgun permit issued in accordance with the provisions of this Article. Proof of deployment. - A copy of the military permittee's deployment orders or other written notification from the permittee's command indicating the start and end date of deployment and that orders the permittee to travel outside the permittee's county of residence. Qualified former sworn law enforcement officer. - An individual who retired from service as a law enforcement officer with a local, State, campus police, or company police agency in North Carolina, other than for reasons of mental disability, who has been retired as a sworn law enforcement officer two years or less from the date of the permit application, and who satisfies all of the following: Immediately before retirement, the individual was a qualified law enforcement officer with a local, State, or company police agency in North Carolina. The individual has a nonforfeitable right to benefits under the retirement plan of the local, State, or company police agency as a law enforcement officer; or has 20 or more aggregate years of law enforcement service and has retired from a company police agency that does not have a retirement plan; or has 20 or more aggregate years of part-time or auxiliary law enforcement service. The individual is not prohibited by State or federal law from receiving a firearm. Qualified retired correctional officer. - An individual who retired from service as a State correctional officer, other than for reasons of mental disability, who has been retired as a correctional officer two years or less from the date of the permit application and who meets all of the following criteria: Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and was authorized by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to carry a handgun in the course of assigned duties. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety that would have prevented the individual from carrying a handgun. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes. The individual is not prohibited by State or federal law from receiving a firearm. Qualified retired law enforcement officer. - An individual who meets the definition of "qualified retired law enforcement officer" contained in section 926C of Title 18 of the United States Code. Qualified retired probation or parole certified officer. - An individual who retired from service as a State probation or parole certified officer, other than for reasons of mental disability, who has been retired as a probation or parole certified officer two years or less from the date of the permit application and who meets all of the following criteria: Immediately before retirement, the individual met firearms training standards of the Division of Adult Correction and Juvenile Justice of the Department of Public Safety and was authorized by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety to carry a handgun in the course of duty. The individual retired in good standing and was never a subject of a disciplinary action by the Division of Adult Correction and Juvenile Justice of the Department of Public Safety that would have prevented the individual from carrying a handgun. The individual has a vested right to benefits under the Teachers' and State Employees' Retirement System of North Carolina established under Article 1 of Chapter 135 of the General Statutes. The individual is not prohibited by State or federal law from receiving a firearm. Qualified sworn law enforcement officer. - A law enforcement officer employed by a local, State, campus police, or company police agency in North Carolina who satisfies all of the following: The individual is authorized by the agency to carry a handgun in the course of duty. The individual is not the subject of a disciplinary action by the agency that prevents the carrying of a handgun. The individual meets the requirements established by the agency regarding handguns. History (1995, c. 398, s. 1; 1997-274, s. 2; 1997-441, ss. 2, 3; 2005-231, ss. 4, 5; 2005-232, s. 1; 2007-427, s. 1; 2009-307, s. 2; 2010-104, s. 1; 2011-145, s. 19.1(h); 2011-183, s. 15; 2013-369, s. 24; 2014-119, s. 7(a); 2017-186, s. 2(jj), 3(a).) Editor's Note. - Subdivision (4a) was originally enacted as subdivision (6) by Session Laws 2007-427, s. 1. It has been renumbered as subdivision (4a) to maintain alphabetical order at the direction of the Revisor of Statutes. Session Laws 2017-186, s. 2(jj), identified the subdivision being amended as subdivision (4b), but it was actually subdivision (4c). The amendment was implemented in subdivision (4c) at the direction of the Revisor of Statutes. Session Laws 2017-186, s. 3(a), provides: "The Revisor of Statutes shall change any additional references in the General Statutes to the 'Division of Adult Correction' to the 'Division of Adult Correction and Juvenile Justice'." Effect of Amendments. - Session Laws, 2005-231, ss. 4 and 5, effective July 28, 2005, inserted "campus police" in the introductory paragraphs of subdivisions (4) and (5). Session Laws 2005-232, s. 1, effective July 28, 2005, added subdivisions (1a), (2a) and (3a). Session Laws 2009-307, s. 2, effective January 1, 2010, and applicable to permit applications and renewal applications submitted on or after that date, added "or has 20 or more aggregate years of part-time or auxiliary law enforcement service" at the end of the first sentence of subdivision (4)b., and made related punctuation changes. Session Laws 2010-104, s. 1, effective December 1, 2010, and applicable to probation and parole officers who retired before, on, or after December 1, 2010, added subdivision (4b). Session Laws 2011-145, s. 19.1(h), effective January 1, 2012, substituted "Division of Adult Correction of the Department of Public Safety" for "Department of Correction." Session Laws 2011-183, s. 15, effective June 20, 2011, substituted "Armed Forces of the United States, the reserve components of the Armed Forces" for "armed forces of the United States, the armed forces reserves" in subdivision (2a). Session Laws 2013-369, s. 24, effective October 1, 2013, rewrote subdivision (4a). For applicability, see Editor's note. Session Laws 2014-119, s. 7(a), effective September 18, 2014, added subdivision (4c). See Editors notes. Session Laws 2017-186, s. 2(jj), effective December 1, 2017, inserted "and Juvenile Justice" throughout subdivision (4c). Legal Periodicals. - For article, "Public Endangerment or Personal Liberty? North Carolina Enacts a Liberalized Concealed Handgun Statute," see 74 N.C.L. Rev. 2214 (1996). For 1997 Legislative Survey, see 20 Campbell L. Rev. 417. For note, "Leave Your Guns at Home: The Constitutionality of a Prohibition on Carrying Firearms at Political Demonstrations," see 68 Duke L.J. 176 (2018). For article, "From Theory to Doctrine: An Empirical Analysis of the Right to Keep and Bear Arms After Heller," see 67 Duke L.J. 1433 (2018). For article, "You Can Lead a Horse to Water: Heller and the Future of Second Amendment Scholarship," see 68 Duke L.J. Online 1 (2018). For article, "The Constitutional Politics Heller Launched," see 68 Duke L.J. Online 8 (2018). For article, "Comment on Ruben and Blocher: Too Damn Many Cases, and an Absent Supreme Court," 68 Duke L.J. Online 17 (2018). For article, "Romanticism Meets Realism in Second Amendment Adjudication," see 68 Duke L.J. Online 33 (2018). For article, "A Close Reading of an Excellent Distant Reading of Heller in the Courts," see 68 Duke L.J. Online 41 (2018) For article, "Is the Second Amendment A Second-Class Right?," see 68 Duke L.J. Online 58 (2018). For article, "Data Indicate Second Amendment Underenforcement," see 68 Duke L.J. Online 79 (2018).