AN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES. Enacted June 19, 2013. Effective September 1, 2013.
Summary date: Jun 24 2013 - View summary
Summary date: Jun 5 2013 - View summary
House committee substitute makes the following changes to the 2nd edition.
Amends GS 15-11.1(b1), regarding the disposition of seized property when that property is a firearm. Provides that after a hearing, the judge may order that a firearm without a legible, unique identification number or that is unsafe for use because of wear, damage, age, or modification be turned over to be destroyed by the sheriff of the county in whichthe firearm was seized, or by the sheriff's authorized agent.
Amends GS 15-11.2, regarding the disposition of unclaimed firearms that were not confiscated orseizedas trial evidence. Provides that if a firearm is not claimed for a period of 30 days after publication of notice, then the head or chief of the law enforcement agency must order the disposition of the firearm (was, the judge, after hearing, may order the disposition of the firearm) in one of the specified ways. Disposition of the firearm includes destroying a firearm that lacks a legible, unique identification number or that is unsafe for use. Requires the head or chief of the law enforcement agency to maintain a record of the destruction of the firearm. Removes as an option for the disposition of the firearm turning it over to the law enforcement agency applying for the disposition of the firearm for official use of that agency. Permits disposition of the firearm by transferring it to a museum or historical society or by maintaining the firearm for training or experimental purposes. Directs that the law enforcement agency receiving a firearm in a transaction under this section must maintain records as to the disposition of the firearm including any funds received from a sale of a firearms or other property received in the exchange or tradeof a firearm.
Amends GS 14-269.1(4) regarding the confiscation and disposition of deadly weapons to allow a firearm that does not have a legible, unique identification number or is unsafe for use to be turned over for destruction(was, any firearm may be turned over for destruction) to the sheriff, or the sheriff's duly authorized agent,in the county in whichthe trial is held.
Rewrites the long and short titles of this act.
Makes this act effective September 1, 2013 (was, July 1, 2013), and applies to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date.
Summary date: May 2 2013 - View summary
Senate committee substitute makes the following changes to the 1st edition.
Deletes all the changes to subsections (c), (d), and (f) of GS 15-11.2.
Further amends subsection (e)to reinstate a provision removed in the 1st editionthatvests the authority in the judgeto order thedisposition ofthe firearmafter the hearing (was, authorized the SBI, at the discretion of the agency director, to determine the disposition of the firearm). Also reinstates the original language of subdivision (1) of subsection (e), which provides that the judge has the option of ordering the firearm to be turned over to be destroyed to the sheriff of the county in which the audience applying for the disposition order is located. Also makes conforming changes to reinstate language to subdivision (2) that was deleted in the 1st editionbut retains amendment to this subdivision which authorizes a judge to order the sale of an abandoned firearm to licensed firearms collectors, importers, or manufacturers at public auction.
Summary date: Mar 26 2013 - View summary
Amends GS 15-11.2 (Disposition of unclaimed firearms not confiscated or seized as trial evidence), deleting GS 15-11.2(c), which allowed a person finding a firearm and giving it to law enforcement to then claim the firearm in specified circumstances.
Amends GS 15-11.2(d) to require the head or chief of the law enforcement agency to transfer the unclaimed firearm to the State Bureau of Investigation (SBI), (previously, head or chief could apply to the appropriate district court for disposition of the unclaimed firearm).
Amends GS 15-11.2(e) (Disposition of Firearm), requiring the SBI to dispose of the firearm in one of three ways: (1) having the firearm destroyed if it does not have a legible identification number or because it is unsafe for use; (2) by transferring it to a law enforcement agency applying for the disposition of the firearm for official use or selling it at a public auction to a licensed collector, dealer, importer, or manufacturer, in accordance with laws; or (3) by maintaining the firearm for training or experimental purposes or for use in a museum or historical society.
Provides that if the SBI sells the firearm, the SBI will keep the proceeds of the sale and use them for law enforcement purposes. The SBI will maintain records and inventory of all firearms received from local law enforcement agencies, the disposition of the firearm, and any funds associated with the disposition of firearms.
Effective July 1, 2013, applying to any firearm found or received by local law enforcement agencies on or after that date.