AMEND LAWS REGARDING MENTAL COMMITMENT BARS.

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View NCGA Bill Details2017-2018 Session
Senate Bill 157 (Public) Filed Wednesday, March 1, 2017
AN ACT AMENDING THE PROCESS FOR INDIVIDUALS TO REMOVE FIREARM DISABILITIES AFTER RESTORATION TO COMPETENCY.
Intro. by Cook, Randleman.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (Mar 2 2017)

Bill History:

S 157

Bill Summaries:

  • Summary date: Mar 1 2017 - View Summary

    Amends GS 14-409.42 to change the name of the law to Restoration process to remove firearm disabilities (currently, Restoration process to remove mental commitment bar). Creates new procedure for individuals seeking relief from firearm disabilities resulting from an adjudication of incompetence under GS 14-409.43(a)(6), which is a finding than an individual lacks the capacity to manage the individual's own affairs due to a marked subnormal intelligence or mental illness, incompetency, condition, or disease. Requires individual to file a petition for restoration to competency under GS 35A-1130, and following entry of an order restoring competency, allows individual to submit a request to the clerk in the incompetency proceeding to update the individual's record in the National Instant Criminal Background Check System (NICS). Directs clerk to update the record in NICS upon verification of restoration of competency.

    Preserves current procedure for individuals with firearm disabilities under GS 14-409.43(a)(1–5). Makes conforming changes.

    Effective October 1, 2017.