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Legislative update: Law enforcement to sell firearms?
by Dylan Lightfoot
Staff Writer
dlightfoot@civitasmedia.com

May 17 Gov. Pat McCrory signed into law a bill providing for on-site disposal of demolition debris at decommissioned industrial facilities.

This week the N.C. Senate considers a bill requiring law enforcement agencies to sell or donate unclaimed firearms, while a bill outlawing direct Internet marketing of motor vehicles to N.C. customers met with protests by a car manufacturer affected by the legislation.

The General Assembly passed its crossover deadline May 17, a self-imposed cutoff which effectively killed any bills that had not seen action by at least one chamber this session. Bills dealing with taxation or spending changes, however, were not subject to the deadline, and will survive into the next session.

House Bill 706/Session Law 2013-55: “Preserve landfill space”

“An act to provide that the disposal of on-site demolition debris from the decommission of manufacturing buildings, including electric generating stations, is exempt from landfill permitting requirements.”

Under this law, a person may dispose of debris on the same site as the decommissioned building if it is inert debris, such as brick or concrete. Fill cannot extend beyond the building footprint, and must be 50 feet from property lines or enclosed by below-grade walls of the building.

Debris must be buried 500 feet from the nearest drinking water well, and must be placed allowing “at least two feet of clean soil between any coated inert debris and the seasonal high groundwater table.”

It must also be “covered with at least two feet of compacted earth,” which “shall be graded so as to minimize water infiltration…and control erosion.” The site will be topped with “suitable vegetative cover.”

House Bill 714: “Disposition of abandoned firearms”

“An act to provide for the disposition of firearms by law enforcement agencies.”

• Passed House May 15 91-22

• Referred to Senate Rules and Operations Committee May 16

This legislation requires law enforcement agencies to use, sell or donate “unclaimed firearms.” Firearms received or found by law enforcement agencies which are held as evidence in criminal cases or have not been claimed by rightful owners are to be “maintained…for training and experimental purposes” or donated to a museum or historical society.

Unclaimed firearms will be sold or traded to federally licensed firearm dealers, or at public auction “to persons licensed as firearms collectors, dealers, importers or manufacturers,” with all proceeds “retained by the law enforcement agency and used for law enforcement purposes.”

Firearms which do not have legible identification numbers or are unsafe for operation due to wear, damage, age or modification are to be destroyed by county sheriffs offices.

Senate Bill 327: “Clarify motor vehicle licensing law”

“An act to clarify the motor vehicle dealers and manufacturers licensing law.”

• Passed the Senate May 13

• Referred to House Committee on Transportation May 15

Aimed at eliminating “unfair methods of competition,” the bill begins by amending the legal definition of “motor vehicle dealer” to include those who use “a computer or other communications facilities, hardware or equipment at any location within (N.C.) for the purpose of transmitting…orders for motor vehicles” to N.C. retail customers and lessees.

It goes on to require that car dealers who market to customers via the Internet “may sell motor vehicles at retail only in established showrooms.”

Tesla, the California-based electric car manufacturer whose internet-based, direct sales business model would be outlawed by the bill, protested the legislation this week with a display of its Model S in front of the N.C. State Legislative Building.

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