The Second Amendment Protection Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 470

Short Title: The Second Amendment Protection Act. (Public)
Sponsors: Representatives Echevarria, Kidwell, Biggs, and Huneycutt (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
March 24, 2025
*H470-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO ENACT THE SECOND AMENDMENT PROTECTION ACT. 2
The General Assembly of North Carolina enacts: 3
SECTION 1. This act shall be known as "The Second Amendment Protection Act." 4
SECTION 2. Article 53B of Chapter 14 of the General Statutes is amended by adding 5
a new section to read: 6
"§ 14-409.44. Prohibition on enforcing federal firearms laws. 7
(a) Findings. – The General Assembly finds all of the following: 8
(1) The General Assembly is firm ly resolved to support and defend the United 9
States Constitution against every aggression, whether foreign or domestic, and 10
is duty-bound to oppose every infraction of those principles that constitute the 11
basis of the union of the states because only a faithful observance of those 12
principles can secure the union's existence and the public happiness. 13
(2) Acting through the United States Constitution, the people of the several states 14
created the federal government to be their agent in the exercise of a few 15
defined powers, while reserving for the state governments the power to 16
legislate on matters concerning the lives, liberties, and properties of citizens 17
in the ordinary course of affairs. 18
(3) The limitation of the federal government's power is affirmed under the Tenth 19
Amendment to the United States Constitution, which defines the total scope 20
of federal powers as being those which have been delegated by the people of 21
the several states to the federal government, and all powers not delegated to 22
the federal government in the United States Constitution are reserved to the 23
states respectively or the people themselves. 24
(4) If the federal government assumes powers that the people did not grant it in 25
the United States Constitution, its acts are unauthoritative and of no force. 26
(5) The several states of the United States respect the proper role of the federal 27
government but reject the proposition that such respect requires unlimited 28
submission. 29
(6) If the federal government, created by a compact among the states, were the 30
exclusive or final judge of the extent of the powers granted to it by the states 31
through the United States Constitution, the federal government 's discretion, 32
and not the United States Constitution, would necessarily become the measure 33
of those powers. To the contrary, as in all other cases of compacts among 34
powers having no common judge, each party has an equal right to judge for 35
General Assembly Of North Carolina Session 2025
Page 2 House Bill 470-First Edition
itself as to whether infractions of the compact have occu rred, as well as to 1
determine the mode and measure of redress. Although the several states have 2
granted supremacy to laws and treaties made under the powers granted in the 3
United States Constitution, such supremacy does not extend to various federal 4
statutes, executive orders, administrative orders, court orders, rules, 5
regulations, or other actions that collect data or restrict or prohibit the 6
manufacture, ownership, and use of firearms, firearm accessories, or 7
ammunition exclusively within the borders of North Carolina; such statutes, 8
executive orders, administrative orders, court orders, rules, regulations, and 9
other actions exceed the powers granted to the federal government except to 10
the extent they are necessary and proper for governing and regulating the 11
United States Armed Forces or for organizing, arming, and disciplining militia 12
forces actively employed in the service of the United States Armed Forces. 13
(7) The people of the several states have given Congress the power "to regulate 14
commerce with foreign nations, and among the several states," but "regulating 15
commerce" does not include the power to limit citizens' right to keep and bear 16
arms in defense of their families, neighbors, persons, or property nor to dictate 17
what sort of arms and accessories l aw-abiding citizens may buy, sell, 18
exchange, or otherwise possess within the borders of this State. 19
(8) The people of the several states also have granted Congress the power "to lay 20
and collect taxes, duties, imports, and excises, to pay the debts, and pro vide 21
for the common defense and general welfare of the United States " and "to 22
make all laws which shall be necessary and proper for carrying into execution 23
the powers vested by the United States Constitution in the government of the 24
United States, or in an y department or office thereof. " These constitutional 25
provisions merely identify the means by which the federal government may 26
execute its limited powers and shall not be construed to grant unlimited power 27
because to do so would be to destroy the carefully constructed equilibrium 28
between the federal and state governments. Consequently, the General 29
Assembly rejects any claim that the taxing and spending powers of Congress 30
may be used to diminish in any way the right of the people to keep and bear 31
arms. 32
(9) The General Assembly finds that the federal excise tax rate on arms and 33
ammunition, which funds programs under the Wildlife Restoration Act, does 34
not have a chilling effect on the purchase or ownership of such arms and 35
ammunition. 36
(10) The people of North Carolina have vested the General Assembly with the 37
authority to regulate the manufacture, possession, exchange, and use of 38
firearms within the borders of this State, subject only to the limits imposed by 39
the Second Amendment to the United States Constitution and the Constitution 40
of North Carolina. 41
(11) The General Assembly strongly promotes responsible gun ownership, 42
including parental supervision of minors in the proper use, storage, and 43
ownership of all firearms; the prompt reporting of stolen firearms; a nd the 44
proper enforcement of all State gun laws. The General Assembly hereby 45
condemns any unlawful transfer of firearms and the use of any firearm in any 46
criminal or unlawful activity. 47
(b) Definitions. – The following definitions apply in this section: 48
(1) Law-abiding citizen. – A person who is not otherwise precluded under State 49
law from possessing a firearm and shall not be construed to include anyone 50
who is not legally present in the United States or this State. 51
General Assembly Of North Carolina Session 2025
House Bill 470-First Edition Page 3
(2) Law enforcement officer. – As defined in G.S. 66-420. 1
(3) Material aid or support. – Voluntarily giving or allowing others to make use 2
of lodging, communications equipment or services including social media 3
accounts, facilities, weapons, personnel, transportation, clothing, or other 4
physical assets. This term does not include giving or allowing the use of 5
medicine or other materials necessary to treat physical injuries nor shall the 6
term include any assistance provided to help persons escape a serious, present 7
risk of life-threatening injury. 8
(4) Political subdivision. – A city, county, town, or any other body corporate and 9
politic responsible for governmental activities in a geographic area smaller 10
than that of the State. 11
(5) Public office. – Any agency, department, public institutio n, political 12
subdivision, or other organized body, office, or entity established by the laws 13
of this State for the exercise of any function of government. 14
(6) Public officer. – All officers, employees, or duly authorized representatives or 15
agents of a public office. 16
(c) Prohibition. – Notwithstanding any provision of law to the contrary, no public officer 17
or employee of the State or a political subdivision of the State shall do either of the following: 18
(1) Enforce, attempt to enforce, or participa te in any way in the enforcement of 19
any federal acts, executive orders, administrative orders, rules, regulations, 20
statutes, or ordinances regarding firearms, firearm accessories, or 21
ammunition. 22
(2) Accede to a request from another to give material aid or support to the efforts 23
of the other in the enforcement of or imp lementation of any federal acts, 24
executive orders, administrative orders, rules, regulations, statutes, or 25
ordinances regarding firearms, firearm accessories, or ammunition. 26
(d) Immunity. – Sovereign, official, or qualified immunity shall not be an affirmative 27
defense in any action brought under this section. 28
(e) Violation by Law Enforcement. – Notwithstanding any provision of law to the 29
contrary, if the State or a political subdivision employs a law enforcement officer who knowingly 30
violates subsection (c) of this section , the State or political subdivision shall be liable to the 31
injured party in an action at law, suit in equity, or other proper proceeding for redress, and subject 32
to a fifty-thousand-dollar ($50,000) civil penalty per occurrence. 33
(f) Injunctive Relief. – Any person injured under this section shall have standing to 34
pursue an action for injunctive relief in a court of competent jurisdiction with respect to the 35
actions of such officer. The court shall hold a hearing on the motion for temporary restraining 36
order and preliminary injunction within 30 days of service of the petition. In such actions, 37
notwithstanding any provision of law to the con trary, the court may award the prevailing party, 38
other than the State or any political subdivision, reasonable attorneys' fees and costs. 39
(g) Exceptions. – Neither of the following is considered a violation of this section: 40
(1) Providing material aid to federal officials who are in pursuit of a suspect when 41
there is a demonstrable criminal nexus with another state or country and such 42
suspect is either not a citizen of this State or is not present in this State. 43
(2) Providing material aid to federal prosecutions for either of the following: 44
a. Felony crimes against a person when such prosecution includes 45
weapons violations substantially similar to those found in this Chapter, 46
so long as such weapons violations are merely ancillary to such 47
prosecution. 48
b. Class A or Class B felony violations, as designated under federal law, 49
substantially similar to those found in Chapter 90 of the General 50
Statutes, when such prosecution includes weapons violations 51
General Assembly Of North Carolina Session 2025
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substantially similar to those found in this Chapter, so long as such 1
weapons violations are merely ancillary to such prosecution. 2
(h) Construction. – Nothing in this section shall be construed to prohibit public officers 3
or employees of the State or a political subdivision of the State from doing any of the following: 4
(1) Requesting or accepting aid from federal officials in an effort to enforce laws 5
of the State or of a political subdivision of the State for either of the following: 6
a. Referring firearm cases to any United States attorney for pot ential 7
prosecution if such case is a violent felony offense and if that 8
prosecution would entail prosecution of violations substantially 9
similar to those found in this Chapter involving the use of a weapon, 10
provided that such weapons violations are merely ancillary to that 11
prosecution. 12
b. Participating with federal law enforcement to enforce laws of the State 13
or a political subdivision of the State in any national integrated ballistic 14
information network investigation or lead, or distributing such leads, 15
whether or not through a crime gun intelligence center. 16
(2) Participating in an interjurisdictional task force for the purpose of enforcing 17
laws not related to firearms, firearm accessories, or ammunition, including an 18
interjurisdictional task force for the purpose of enforcing laws related to drugs, 19
human or sex trafficking, immigration, or any other task force convened for 20
purposes other than enforcing any federal acts, executive orders, 21
administrative orders, rules, regulations, statutes, or ordinances reg arding 22
firearms, firearm accessories, or ammunition. 23
(i) Construction in Regard to Law -Abiding Citizens ' Rights. – This section shall be 24
strictly construed against the State and shall be liberally construed in favor of the rights of 25
law-abiding citizens." 26
SECTION 3. If any provision of this act or its application is held invalid, the 27
invalidity does not affect other provisions or applications of this act that can be given effect 28
without the invalid provisions or application and, to this end, the provisions of this act are 29
severable. 30
SECTION 4. This act is effective when it becomes law. 31