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Bill Summary · HB 1108

Summary: HB 1108 (2025 Session, North Carolina) — Constitutional Amendment/Permitless Carry

Purpose and Intent

  • The bill proposes a constitutional amendment to equalize open carry and concealed carry of defensive weapons by removing the prohibition on carrying concealed weapons.
  • It seeks to uphold and clarify the right of law-abiding citizens to keep and bear arms for self-defense, with changes to permit requirements and reciprocity.

Key Provisions

Constitutional Change

  • Section 1 rewrites Article I, Section 30 (Militia and the right to bear arms) of the North Carolina Constitution.
  • Core changes include:
    • Explicitly stating that nothing in the Constitution justifies the practice of carrying concealed weapons (existing prohibition) but also:
    • Recognizes the right of any U.S. citizen who meets certain criteria to carry any legal weapon for self-defense, either openly or concealed, with or without a permit.
    • Specifies conditions for eligibility:
    • The person has not been indicted or convicted of a violent crime.
    • The person has not been convicted of possession or distribution of a controlled substance.
    • The person has not been adjudicated mentally incompetent.
    • Allows carrying of weapons except on public or private property that is legally posted against it.
    • Maintains a system of concealed carry permits for purposes of reciprocity with other states and ease of purchasing weapons, but makes permit ownership optional for law-abiding citizens to carry a concealed weapon.

Referendum and Approval Process

  • Section 2: The amendment is to be placed on the November 3, 2026 general election ballot.
    • The referendum question is presented to voters in the following form:
    • “Constitutional amendment to make it a right for any citizen who has not been indicted or convicted of a violent crime to carry any legal weapon for self-defense, either openly or concealed, with or without a permit, except on public or private property that is legally posted against it.”
  • Section 3: The State Board of Elections will certify referendum results.
  • If approved, Section 4 makes the amendment effective upon certification.

Effective Date and Procedures

  • Section 5: Overall effective date is “when it becomes law,” contingent on the constitutional amendment’s certification following the election.
  • The bill references maintaining existing permit systems for reciprocity; however, eligibility for carrying without a permit is broadened for qualifying individuals.

Who Would Be Affected

  • Law-abiding U.S. citizens in North Carolina who:
    • Have not been indicted or convicted of violent crimes.
    • Have not been convicted of possession or distribution of controlled substances.
    • Have not been adjudicated mentally incompetent.
  • Individuals would be able to carry a legal weapon for self-defense openly or concealed, with or without a permit, subject to posted property restrictions.
  • Public and private property owners may continue to prohibit carrying on their premises through posted notices.
  • Concealed carry permit systems would continue to exist primarily for reciprocity with other states and for ease of weapon acquisition, but possession of a permit would not be a legal requirement to carry a concealed weapon for those meeting the stated criteria.

Procedural and Timeline Aspects

  • Introduced as HB 1108 in the 2025-2026 session (filed April 29, 2026).
  • A constitutional amendment would be placed on the November 2026 general election ballot.
  • If a majority approves on the referendum, the amendment becomes effective upon certification by the State Board of Elections and enrollment by the Secretary of State.
  • Absent voter approval, the amendment would have no effect.

Notes

  • The bill aims to align North Carolina firearm-carry rights more closely with permitless carry concepts while preserving a permit framework for reciprocity and regulated possession.
  • The text specifies eligibility criteria and property posting restrictions but does not provide detailed provisions on enforcement, storage, or specific regional restrictions beyond posted property.

Compiled from official sources — confirm details with the bill’s official record.

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