Bill Summaries: H801 (2015-2016 Session)

  • Summary date: Apr 17 2015 - View summary

    Under current law, GS Chapter 50C provides for the issuance of civil no-contact orders and GS Chapter 50B provides for the issuance of domestic violence no-contact orders.

    Amends GS 50C-5(b), as the title indicates, to provide similar firearm protections under Chapter 50C as are available under Chapter 50B. Adds a new subdivision, (6a), to GS 50C-5(b) to allow a court to prohibit a respondent from purchasing a firearm for a period of time as specified in the civil no-contact order.

    Enacts new GS 50C-5.1, which requires the respondent to surrender all firearms, permits to purchase firearms, and ammunition for firearms to the sheriff when a temporary ex parte civil no-contact order or permanent civil no-contact order is issued pursuant to GS Chapter 50C and the court finds any of a specified list of factors to be present. Provides specific guidelines regarding hearings under GS 50C-5.1, the process of surrendering weapons, when and if surrendered weapons are retrievable, the filing of motions for the return of weapons, and the disposal of firearms. Makes a violation a Class H felony. Provides for an official use exemption for law enforcement officers and members of any branch of the Armed Forces of the United States.

    Makes a conforming change, amending GS 14-269.8 to provide that in accordance with GS 50C-5.1, as enacted in this act, it is unlawful for a person subject to a civil no-contact order to purchase or possess firearms.

    Becomes effective December 1, 2015, and applies to actions commenced on or after that date.