Bill Summaries: S687 (2021)

  • Summary date: Apr 8 2021 - View summary

    Part I.

    Revises GS 14-415.4 as follows. Allows for a person who was convicted of a nonviolent felony in the state to petition the district court in the district where the person resides to restore the person's firearms rights so long as the person's civil rights have been restored pursuant to GS Chapter 13 for a period of 10 years (was 20 years). Allows for a person who was convicted of a nonviolent felony in another jurisdiction to petition the court in the same manner if a period of 10 years has passed since the person's civil rights, including the right to possess a firearm, have been restored under the law of the jurisdiction where the conviction occurred or the person became eligible under GS 13-1 to have the person's civil rights automatically restored (was 20 years and did not provide for eligibility under 13-1). Makes satisfaction of the applicable 10-year requirement qualifying criteria for grant of a petition under the statute. No longer includes as qualifying criteria for a court to grant a petition that the petitioner has not been convicted of specified misdemeanors since the conviction of the nonviolent felony. Regarding disqualifying criteria which requires denial of a petition, no longer specifically includes the following in the list of crimes of violence constituting a misdemeanor: GS 14-277.1 (communicating threats); GS 14-288.4(a)(1) or (2) (specified disorderly conduct); and GS 14-288.20A (violation of emergency prohibitions and restrictions). Now specifically excludes misdemeanors under GS 14-33 (misdemeanor assault and battery).

    Applies to petitions filed on or after October 1, 2021. 

    Part II.

    Repeals GS 14-402 through GS 14-405 and GS 14-407.1, which makes it unlawful to sell or transfer and purchase or receive a pistol unless the purchaser holds a pistol purchase permit, and provides for permitting procedures. Makes conforming repeals of GS 14-315(b1)(1) (establishing a defense to selling or giving a weapon to a minor who present a valid permit) and GS 122C-54(d2) (regarding involuntary commitment records furnished for permit application review).

    Provides a savings clause for prosecutions for offenses committed before the date the act becomes law.