North Carolina is on the verge of becoming the 30th constitutional carry state, but the legislation currently under consideration has sparked both excitement and concern among gun rights advocates.
House Bill 5 (H.B. 5), also known as the “NC Constitutional Carry Act”, would remove the permit requirement for concealed carry, allowing any legal adult over 18 to carry a firearm without government approval. However, the bill also introduces several new ways for people to lose their gun rights, raising questions about how much freedom this measure truly offers.
What House Bill 5 Proposes
Under current North Carolina law, residents must apply for a concealed carry permit at their local sheriff’s office, undergo fingerprinting, pass an extensive background check, and complete an eight-hour training course. As reported by Andy Weber of Queen City News, H.B. 5 would eliminate that process, allowing lawful gun owners to carry concealed without a permit.
The bill, sponsored by Rep. Keith Kidwell (R-Beaufort, Craven, Pamlico), follows a trend seen in other Republican-led states that have moved toward permitless carry. Kidwell, speaking to Queen City News, said he has introduced similar bills every year since joining the legislature and believes North Carolina is long overdue for this change.
“We’re standing in the way of that [constitutional right] by having permits that are necessary to exercise that right,” Kidwell stated.
If passed, the bill would make North Carolina the 30th state to recognize constitutional carry. However, gun owners traveling across state lines would still need a permit for reciprocity in the 27 states that currently recognize North Carolina’s concealed carry permits.
Mixed Support from Lawmakers and Law Enforcement
While many gun rights advocates support the bill, opposition remains strong among Democrats and law enforcement officials. State Senator Graig Meyer (D-Caswell, Orange, Person) voiced concerns as reported by The Daily Tar Heel, saying the bill removes an important tool for police officers.
“It’s helpful for law enforcement to know if they are approaching a registered gun owner or not – something a permit would help with,” Meyer said.
Meyer also argued that the bill could make North Carolina more dangerous, saying:
“We have a responsibility to make sure that people’s right to bear arms is done in a way that creates an environment that is least likely to lead to unnecessary death, and this goes in the wrong direction.”
Law enforcement agencies, like the Wake County Sheriff’s Office, have remained neutral on the bill, issuing a statement saying they will continue to enforce existing laws and encourage responsible firearm storage.
Permitting Still an Option for Reciprocity
A key provision in H.B. 5 is that it does not eliminate the concealed carry permit system entirely. As explained by Washington Gun Law’s William Kirk, North Carolina will continue offering permits for those who wish to obtain them—primarily for reciprocity purposes when traveling to other states.
The bill’s text specifically states:
“While it is often convenient to have a concealed handgun permit for the purpose of reciprocity or for various other reasons, the state shall continue to make a concealed handgun permit available to any person who applies and is eligible.”
This means gun owners who frequently travel outside North Carolina may still need to apply for a permit, even if it is not required within state lines.
A Loophole That Could Disarm Gun Owners
Despite its pro-gun intentions, H.B. 5 introduces new conditions that could actually make it easier for some people to lose their gun rights. According to William Kirk of Washington Gun Law, the bill includes provisions that could result in legal gun owners being disarmed under specific circumstances.
One major concern is that alcohol consumption could now play a role in revoking gun rights. Kirk highlights that the bill expands the list of disqualifying factors to include:
“An unlawful user of or addicted to marijuana, alcohol, or any depressant, stimulant, or narcotic drug.”
This provision goes beyond federal law, which does not prohibit firearm possession for regular alcohol consumers. In North Carolina, under H.B. 5, habitual alcohol use or a DUI conviction within the past three years could disqualify someone from carrying under constitutional carry laws.
Gun Owners Could Lose Rights Over a Single DUI
Perhaps one of the most controversial aspects of the bill is its strict penalty for DUI offenses. As noted by Washington Gun Law, if someone is convicted of impaired driving within three years, they would lose their constitutional carry rights.
“Any DUI-like conviction under North Carolina law within the last three years means you will not be permitted to constitutionally carry a firearm,” Kirk explained.
While most constitutional carry laws focus on felony convictions or violent offenses, H.B. 5 would punish even non-violent DUI offenses, making North Carolina’s version of constitutional carry one of the strictest in the nation in this regard.
Alcohol and Firearms—A Dangerous Mix?
Beyond DUI restrictions, H.B. 5 also increases penalties for carrying a firearm while consuming alcohol. Under the bill, gun owners cannot legally carry if they have any measurable alcohol in their system. This applies to bars, ticketed events, and establishments where alcohol is sold and consumed.
“If you have any measurable blood alcohol level at all, you will be prohibited by North Carolina law from constitutionally carrying a firearm,” Kirk explained.
This means someone who has a single drink at dinner could be breaking the law if they are carrying their firearm – even if they are not impaired.
Concerns About Elected Officials and Firearms
Another controversial element of H.B. 5 is that it grants elected officials special privileges when it comes to concealed carry. The Daily Tar Heel reported that the bill would allow elected officials to carry weapons inside legislative buildings and offices in Raleigh.
This carveout raises concerns about fairness, as average citizens would still be restricted from carrying in government buildings while politicians would be exempt.
Gun Rights Groups Back the Bill
Despite its potential loopholes, pro-gun organizations support H.B. 5, seeing it as a step toward greater firearm freedoms. Paul Valone, president of Grass Roots North Carolina, dismissed concerns from gun control advocates, saying:
“Twenty-nine states have now adopted some version of constitutional carry… In exactly none of those states have the dire predictions of the gun control people come true.”
Valone argues that permit requirements unnecessarily burden lawful gun owners and that North Carolina should follow the lead of other states that have adopted constitutional carry without issues.
The Bill’s Path Forward
Currently, H.B. 5 has advanced to a rules committee, a key step in the legislative process. A similar bill in the North Carolina Senate (S.B. 50) has also been introduced, but faces significant opposition from Democrats and some Republicans, including Senate President Pro Tempore Phil Berger, who has previously blocked similar efforts.
While supporters believe the bill has a chance, its final version may undergo significant revisions before it becomes law.
A Step Forward or a Setback?
While H.B. 5 aims to expand gun rights, it also introduces new ways for lawful gun owners to lose their ability to carry. The bill’s DUI restrictions, alcohol provisions, and exceptions for elected officials raise serious concerns about whether it truly upholds the Second Amendment.
For now, North Carolina gun owners should keep a close eye on this bill as it moves forward. Constitutional carry may be coming – but at what cost?
A former park ranger and wildlife conservationist, Lisa’s passion for survival started with her deep connection to nature. Raised on a small farm in northern Wisconsin, she learned how to grow her own food, raise livestock, and live off the land. Lisa is our dedicated Second Amendment news writer and also focuses on homesteading, natural remedies, and survival strategies. Lisa aims to help others live more sustainably and prepare for the unexpected.