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Bill

SB 788

Guarding Freedoms and Public Safety Act.

2025-2026 Session Introduced by Woodson Bradley and 1 co-sponsor

The bill tightens gun control by requiring universal background checks for sales, reinstates pistol purchase permits, restricts DV offenders from possessing firearms, and funds saf

Passed 1st Reading
0
WeVote Research Nonpartisan
Bill Summary · SB 788

Summary: Bill SB 788 — Guarding Freedoms and Public Safety Act (North Carolina, 2025 Session)

Note: This summary reflects the text as filed April 21, 2026 and subsequent action through April 22, 2026.

1) Purpose and Intent

SB 788 proposes a multi-faceted set of firearms-related measures intended to:
- Strengthen parental responsibility for safe firearm storage in schools.
- Tighten gun purchase controls, including a universal background check system.
- Reenact a prior pistol purchase permit framework.
- Prohibit firearm possession by individuals with certain domestic violence misdemeanor adjudications.
- Provide funding for firearm safety efforts and public awareness.

Overall aim: enhance public safety and reduce risks associated with firearms through stricter controls and required safety practices.

2) Key Provisions and Changes

A. Prohibition on firearm purchase/possession for certain DV offenders (Section 1)

  • Adds new G.S. § 14-269.9: It is unlawful for a person who has been adjudicated guilty of a misdemeanor crime of domestic violence (or with a prayer for judgment continued or suspended sentence for offenses under G.S. 14-32.5 or substantially similar offenses in another state) to possess, purchase, receive, or attempt to possess, purchase, or receive a firearm, ammunition, machine gun, or permits to purchase/carry.
  • Punishment: Violation is a Class A1 misdemeanor.
  • Effective date: December 1, 2026, applies to offenses committed on or after that date.

B. Universal background checks for firearm sales (Section 2)

  • Establishes a new Article 53D in Chapter 14, titled the “North Carolina Universal Background Check Act.”
  • Definitions:
    • Federally licensed firearm dealer (FLFD)
    • Firearm (handgun, shotgun, or rifle)
    • Materially false information
    • Private person (non-FLFD)
  • Background checks for firearm sales:
    • FLFDs may not sell/transfer/deliver to private persons without a background check via NICS and identity verification.
    • Prohibits possession by individuals with specified disqualifying conditions (e.g., felony conviction, fugitive from justice, illegal user or addicted to controlled substances, adjudicated mentally incompetent, unlawfully present alien, dishonorable discharge, renounced US citizenship, or subject to certain protective orders with specified content).
    • Violations: FLFDs face Class F felonies for violations; individuals providing materially false information to obtain a firearm also face Class F felony.
  • Private-party firearm transfers:
    • Private persons must transfer through an FLFD with a background check.
    • FLFDs may charge a fee for the background check.
    • Transfer definitions exclude certain short-term or limited-scope loans/temporary transfers and specific family/close-relationship transfers.
    • Private-transfer records must be kept (confidential but available to law enforcement).
    • Private transfers to certain relatives or spouses/partners are exempt.
  • Effective date: December 1, 2026, applies to transfers on or after that date.

C. Reenact pistol purchase permit law (Section 3)

  • Reenacts several provisions of the pistol purchase permit regime (G.S. 14-402, 14-403, 14-404, 14-405, 14-407.1, 14-408.1, 14-315(b1)(1), and 122C-54(d2)) as they existed immediately before repeal.
  • Effective date: December 1, 2026; applies to pistols sold or transferred on/after that date.
  • Note: This reinstates a prior permitting framework for pistol purchases.

D. Require certification of safe storage by parents/guardians of public school students (Section 4)

  • Adds a new policy requirement: public school units must establish a policy requiring parents/guardians to submit a yearly form certifying that firearms in their home are stored safely.
  • Effective: Beginning with the 2026-2027 school year.

E. Funding for firearm safety and public awareness (Section 5)

  • Allocates $3,000,000 in recurring General Fund support to the Department of Public Safety starting in fiscal year 2026-2027.
  • Purpose: Support firearm safety initiatives and conduct a public awareness campaign about the act’s requirements and impact.

F. Miscellaneous / Savings (Section 6)

  • Prosecutions for offenses committed before the act’s effective date are not abated or retroactively affected.
  • General effectiveness: Provisions otherwise become law upon approval.

3) Who/What Would Be Affected

  • Individuals convicted of misdemeanor domestic violence offenses (and similar out-of-state offenses) would be barred from purchasing/possessing firearms (effective Dec 1, 2026).
  • All firearm transfers in North Carolina, including private party sales, would generally require a NICS background check and identity verification when conducted via a federally licensed dealer (effective Dec 1, 2026).
  • Federally licensed firearm dealers and private transferees share new responsibilities, record-keeping, and potential penalties (Class F felonies for violations).
  • Pistols would be subject again to the pre-repeal purchase permit framework (effective Dec 1, 2026).
  • Public school communities: parents/guardians would need to certify safe storage of firearms in homes with students (beginning 2026-2027).
  • The Department of Public Safety would receive ongoing funding for safety initiatives and outreach.

4) Procedural/Timeline Highlights

  • Effective date for major gun control provisions: December 1, 2026.
  • Provisions apply to offenses committed on/after December 1, 2026 (DV firearms restriction) and to firearm transfers/purchases occurring on/after December 1, 2026 (universal background checks; pistol permit reenactment).
  • School-safety storage certification begins with the 2026-2027 school year.
  • A dedicated $3 million/year funding begins in FY 2026-2027 for firearm safety and public awareness.

5) Potential Impacts and Considerations

  • Strengthened background checks for all firearm transfers, increasing emphasis on federal protections at the state level.
  • Reinstitution of pistol purchase permits could affect who can acquire handguns locally.
  • Additional regulatory requirements on private transfers may affect gun owners who frequently exchange firearms.
  • DV-related firearm restrictions align with public-safety goals but may have enforcement and legal-process implications.
  • The school storage certification program introduces parental accountability and a new administrative task for school units.
  • Funding allocation supports outreach and safety initiatives to accompany policy changes.

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

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