AMEND LAWS REGARDING MENTAL COMMITMENT BARS.

View NCGA Bill Details2015-2016 Session
Senate Bill 288 (Public) Filed Thursday, March 12, 2015
A BILL TO BE ENTITLED AN ACT AMENDING THE PROCESS FOR INDIVIDUALS TO REMOVE FIREARM DISABILITIES AFTER RESTORATION TO COMPETENCY.
Intro. by Cook.

Status: Ref to the Com on Rules, Calendar, and Operations of the House, if favorable, Judiciary I (House Action) (Apr 29 2015)

SOG comments (1):

Change Long Title

Senate committee substitute to 1st edition changed long title.  Long title was AN ACT NARROWING THE TYPES OF INCOMPETENCY FINDINGS THAT MUST BE REPORTED TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM AND AMENDING THE PROCESS FOR INDIVIDUALS TO REMOVE FIREARMS DISABILITIES AFTER RESTORATION TO COMPETENCY.

S 288

Bill Summaries:

  • Summary date: Apr 23 2015 - More information

    Senate committee substitute makes the following changes to the 1st edition.

    Deletes the proposed change to GS 122C-54. 

    Makes technical and clarifying changes to GS 122C-54.1.

    Amends the act's long title. 


  • Summary date: Mar 12 2015 - More information

    Amends GS 122C-54(d1)(6) to eliminate a requirement that a finding that an individual lacks capacity due to a condition or disease be reported to the National Instant Criminal Background Check System (NICS). 

    Amends GS 122C-54.1 concerning the restoration process for the removal of specified disabilities, providing that the process applies to all petitions for remaining a determination or finding described in GS 122C-54(d1)(1) -(5). Provides new language that specifies that for relief from an adjudication of incompetence as described in GS 122C-54(d1)(6), an individual must file a petition for restoration to competency as provided in GS 35A-1130. Provides that if competency is restored the individual can submit a written request to the clerk who exercised jurisdiction in the incompetency proceeding to update the individual's record in the NICS. After verification, the clerk is required to update the record in NICS. 

    Effective October 1, 2015. 

     


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