House Bill 28 creates new felony offenses for a person who is already prohibited from possessing firearms because of a felony conviction and who uses a firearm or weapon of mass death and destruction during the commission or attempted commission of another felony. Under the bill, a felon who merely possesses a firearm or weapon of mass death and destruction during such conduct would be guilty of a Class F felony; brandishing the weapon would elevate the offense to a Class D felony; and discharging the weapon would elevate it further to a Class C felony. The bill defines brandishing broadly to include displaying all or part of the weapon or otherwise making its presence known to another person.
The bill also amends North Carolina’s existing felon-in-possession statute, G.S. 14-415.1, to add these enhanced penalties while retaining the general prohibition on felons purchasing, owning, possessing, or controlling firearms and weapons of mass death and destruction. It preserves existing rules on prior convictions, indictment requirements, and exceptions for pardons or restored firearm rights, and it continues to exclude certain antitrust, unfair trade practices, and restraint-of-trade convictions from triggering firearm disability. The act would take effect December 1, 2025, and apply only to offenses committed on or after that date.
The general sentiment reflected by the bill’s title and structure is strongly supportive of tougher gun-crime penalties and targeted at violent felony conduct involving firearms. No committee transcript or recorded vote details were provided, so there is no direct evidence of debate or amendment activity in the supplied materials. The bill appears to be framed as a public-safety measure focused on escalating punishment when prohibited persons use guns during other felonies.
The main point of contention likely concerns whether the bill appropriately increases criminal penalties by layering new offenses onto an already serious felon-in-possession framework. Potential concerns include the breadth of the brandishing definition, the severity of the new Class D and Class C penalties, and whether the enhanced charges could overlap with or duplicate other firearm or violent-crime statutes. Supporters would likely emphasize deterrence and public safety, while critics may question proportionality and the expansion of felony exposure.
HB28 would amend G.S. 14-415.1, North Carolina’s felon-in-possession law, by creating tiered felony enhancements for possession, brandishing, or discharging a firearm or weapon of mass death and destruction during the commission or attempted commission of another felony. It would increase criminal penalties for affected felons and prosecutors, while leaving the underlying firearm disability framework and existing exceptions largely intact. The bill would apply prospectively to offenses committed on or after December 1, 2025.
Based on the bill’s title and text, the measure appears to have a law-and-order, anti-violence orientation and is likely intended to garner support from lawmakers favoring stronger firearm penalties. However, no committee discussion or vote record was provided, so the actual level of support, opposition, or amendment activity cannot be confirmed from the supplied materials. The available context shows the bill advancing in the legislative process, but not the substance of debate.
The likely areas of contention are the severity and scope of the enhanced penalties, especially the jump to Class D for brandishing and Class C for discharging a weapon during another felony. Critics may argue the bill could create overlapping charges or disproportionately punish conduct already covered by existing criminal statutes, while supporters may argue that escalating penalties are necessary to deter armed felony conduct and protect public safety. The broad definition of brandishing and the bill’s application to attempted felonies may also draw scrutiny.