ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM.

View NCGA Bill Details2021
House Bill 234 (Public) Filed Monday, March 8, 2021
AN ACT TO REQUIRE THE DESTRUCTION OF SEIZED FIREARMS USED IN COMMITTING AN ASSAULT AGAINST A LAW ENFORCEMENT OFFICER OR ANY OTHER OFFENSE THAT RESULTED IN SERIOUS BODILY INJURY OR DEATH TO THE VICTIM IF THE FIREARM BELONGS TO THE DEFENDANT OR CERTAIN OTHER PERSONS AND THE DISTRICT ATTORNEY REQUESTS DESTRUCTION.
Intro. by Torbett.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 13 2021)

SOG comments (1):

Long title change

House committee substitute to the 1st edition changed the long title. Original long title was AN ACT TO REQUIRE THE DESTRUCTION OF SEIZED FIREARMS USED IN COMMITTING AN ASSAULT AGAINST A LAW ENFORCEMENT OFFICER OR ANY OTHER OFFENSE THAT RESULTED IN SERIOUS BODILY INJURY OR DEATH TO THE VICTIM.

 

H 234

Bill Summaries:

  • Summary date: May 12 2021 - More information

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

    Adds qualifications to the new authority of a judge under GS 15-11.1(b1)(3) to order the disposition of a lawfully seized firearm, after notice and hearing requirements are met for disposition, by ordering that the firearm be turned over to be destroyed by the sheriff of the county of seizure or an authorized agent if the firearm was used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim. Adds two criteria that must be met: (1) that the rightful owner of the firearm is the defendant, a member of the defendant's family, or a member of the defendant's current household and (2) that the district attorney has requested that the firearm be destroyed. Makes organizational and clarifying changes. Makes conforming changes to the act's long title. 


  • Summary date: Mar 8 2021 - More information

    Expands GS 15-11.1(b1)(3) to authorize a judge to order the disposition of a lawfully seized firearm, after notice and hearing requirements are met for disposition, by ordering that the firearm by turned over to be destroyed by the sheriff of the county of seizure, or an authorized agent, if the firearm was used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim (ordering destruction is currently limited to instances where the firearm does not have a legible identification number or is unsafe for use). Makes technical changes. Applies to firearms seized on or after July 1, 2021.


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