Midyear Review of Criminal Law Legislation

Published for NC Criminal Law on July 12, 2023.

The North Carolina General Assembly has been hard at work this legislative session, having already passed several bills affecting criminal law and procedure. There are a handful of laws that have already taken effect. As is typically the case, most of the other laws have an effective date of December 1 to allow the courts to prepare for the changes. This post provides a brief summary of the criminal law and related legislation enacted thus far during this legislative session. Laws Effective Now Guns. Effective March 29, 2023, section 2 of S.L. 2023-8 (S 41) repeals G.S. 14-402 through G.S. 14-405, G.S. 14-407.1, and G.S. 14-315(b1)(1), regarding pistol purchase permits. As a result of this change, permits are no longer required for the sale, gift, transfer, purchase, or receipt of pistols. Prosecutions for offenses committed before March 29, 2023 are not abated or affected by the repeal, and the statutes that would be applicable but for the repeal remain applicable to those prosecutions. Note that the act did not repeal G.S. 14-406 which requires pistols dealers to keep an accurate record of all sales, nor did it repeal G.S. 14-408 which makes the failure to keep that record a Class 2 misdemeanor. Effective July 1, 2023, this act also expands the list of people with a valid concealed handgun permit who may carry a concealed handgun in the areas listed in G.S. 14-415.11(c) unless otherwise prohibited by federal law. Probation modifications. Effective June 16, 2023, section 1 of S.L. 2023-45 (H [...]