NORTH CAROLINA GENERAL ASSEMBLY

1965 SESSION

 

 

CHAPTER 954

HOUSE BILL 201

 

 

AN ACT TO AMEND G.S. 14-269 SO AS TO PROVIDE FOR DISPOSITION OF CONFISCATED DEADLY WEAPONS.

 

The General Assembly of North Carolina do enact:

 

Section 1.  G.S. 14-269 is hereby amended by rewriting the Section in its entirety to read as follows:

"§ 14-269.  Carrying Concealed Weapons. If anyone, except when on his own premises, shall wilfully and intentionally carry concealed about his person any bowie knife, dirk, dagger, sling shot, loaded cane, brass, iron or metallic knuckles, razor, pistol, gun or other deadly weapon of like kind, he shall be guilty of a misdemeanor and shall be fined or imprisoned at the discretion of the court. This Section shall not apply to the following persons: Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms or weapons, civil officers of the United States while in the discharge of their official duties, officers and soldiers of the militia and the State guard when called into actual service, officers of the State, or of any county, city, or town, charged with the execution of the laws of the State, when acting in the discharge of their official duties."

Sec. 2.  Chapter 14 of the General Statutes is hereby amended by adding a new Section immediately following § 14-269 to be designated as § 14-269.1 and to read as follows:

§ 14-269.1.  Disposition of Confiscated Deadly Weapons. Upon conviction of any person for violation of G.S. 14-269 or any other offense involving the use of a deadly weapon of a type referred to in G.S. 14-269, the deadly weapon with reference to which the defendant shall have been convicted shall be ordered confiscated and disposed of by the presiding judge at the trial in one of the following ways in the discretion of the presiding judge.

(1)        By ordering the weapon returned to its rightful owner, but only when such owner is a person other than the defendant and has filed a petition for the recovery of such weapon with the presiding judge at the time of the defendant's conviction, and upon a finding by the presiding judge that petitioner is entitled to possession of same and that he was unlawfully deprived of the same without his consent.

(2)        By ordering the weapon turned over to a law enforcement agency in the county of trial for the official use of such agency, but only upon the written request by the head or chief of such agency. The Clerk of the Superior Court of such county shall maintain a record of such weapons and the law enforcement agency receiving them.

(3)        By ordering the weapon turned over to the sheriff of the county in which the trial is held to be sold as herein provided. Under the direction of the sheriff, the weapon shall be sold at public auction after one advertisement in a newspaper having general circulation in the county which advertisement shall at least seven days prior to sale. The proceeds of such sale shall go to the general fund of the county in which such weapons are sold. The sheriff shall maintain a record and inventory of all such weapons received and sold by him. Sales of such weapons by the sheriff shall be held at least once each year.

(4)        By ordering such weapon turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed. The sheriff shall maintain a record of the destruction thereof.

Sec. 2 1/2.  The provisions of Section 2 of this Act shall not apply to the following counties: Cumberland, Dare, Harnett, Pamlico, Scotland, Rockingham, Halifax, Warren, Perquimans.

Sec. 3.  All laws and clauses of laws in conflict with this Act are hereby repealed.

Sec. 4.  This Act shall be in full force and effect on and after its ratification.

In the General Assembly read three times and ratified, this the 11th day of June, 1965.