GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2009

SESSION LAW 2009-6

SENATE BILL 5

AN ACT to provide that a corporation that is a manufacturer, WHOLESALE DEALER, OR RETAIL DEALER OF CROSSBOWS MAY OBTAIN A CONTINUING PERMIT FOR THE PURCHASE OR RECEIPT OF CROSSBOWS UPON APPLICATION TO THE SHERIFF OF THE COUNTY IN WHICH THE CORPORATION IS LOCATED, AND TO PROVIDE THAT THE RECORD-KEEPING requirement for sales of crossbows does not apply to a manufacturer of crossbows and does not apply to a wholesale dealer of crossbows when the sales are to other wholesale dealers or retail dealers.

The General Assembly of North Carolina enacts:

SECTION 1.  Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

"§ 14-406.1.  Permit issued to manufacturer, wholesale dealer, or retail dealer of crossbows deemed to be a continuing permit.

(a) Notwithstanding any other provision of this Article, a corporation that is a manufacturer of crossbows, a wholesale dealer of crossbows, or a retail dealer of crossbows may obtain a permit for the purchase or receipt of crossbows, as provided by this section, by applying to the sheriff of the county in which the corporation is located. The permit shall be a continuing permit with no expiration date and shall satisfy the permitting requirements under this Article for each future purchase or receipt of a crossbow by the corporation.

(b) The sheriff of any and all counties of this State shall issue to any corporation that is a manufacturer of crossbows, a wholesale dealer of crossbows, or a retail dealer of crossbows in any county a permit to purchase or receive crossbows from any person, firm, or corporation offering to sell or dispose of crossbows. The permit shall contain an identification number and shall have no expiration date. In determining whether to issue the permit, the sheriff shall apply the standards contained in G.S. 14-404, to the extent applicable.

(c) Notwithstanding G.S. 14-402, a manufacturer of crossbows, wholesale dealer of crossbows, or retail dealer of crossbows that is issued a permit under this section may receive a crossbow delivered to the manufacturer, wholesale dealer, or retail dealer in the course of business without exhibiting the continuing permit to the person delivering the crossbow."

SECTION 2.  G.S. 14-402(c) reads as rewritten:

"(c)       The following definitions apply in this section:Article:

(1)        Antique firearm. - Defined in G.S. 14-409.11.

(2)        Bolt. - A projectile made to be discharged from a crossbow. The bolt differs from an arrow in that the bolt is heavier and shorter than an arrow.

(3)        Crossbow. - A mechanical device consisting of, but not limited to, strings, cables, and prods transversely mounted on either a shoulder or hand-held stock. This device is mechanically held at full or partial draw and released by a trigger or similar mechanism that is incorporated into a stock or handle. When operated, the crossbow discharges a projectile known as a bolt.

(4)        Historic edged weapon. - Defined in G.S. 14-409.12.

(5) Manufacturer of crossbows. - A corporation that manufactures or produces crossbows.

(6) Retail dealer of crossbows. - A corporation that sells crossbows to the ultimate consumer of the product.

(7) Wholesale dealer of crossbows. - A corporation that acquires crossbows for sale to another wholesale dealer of crossbows or to a retail dealer of crossbows."

SECTION 3.  G.S. 14-406 reads as rewritten:

"§ 14-406.  Dealer to keep record of sales.

(a)        Every dealer in pistols and other weapons mentioned in this Article shall keep an accurate record of all sales thereof, including the name, place of residence, date of sale, etc., of each person, firm, or corporation to whom or which such sales are made, which record shall be open to the inspection of any duly constituted State, county or police officer, within this State.

(b) This section does not apply to any of the following:

(1) A manufacturer of crossbows.

(2) A wholesale dealer of crossbows for any sale that is either to another wholesale dealer of crossbows or to a retail dealer of crossbows."

SECTION 4.  This act is effective when it becomes law.

In the General Assembly read three times and ratified this the 12^th day of March, 2009.

                                                                    s/  Walter H. Dalton

                                                                         President of the Senate

                                                                    s/  Joe Hackney

                                                                         Speaker of the House of Representatives

                                                                    s/  Beverly E. Perdue

                                                                         Governor

Approved 3:24 p.m. this 19^th day of March, 2009