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.
ASSAULT LEO/REQUIRE DESTRUCTION OF FIREARM.
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View NCGA Bill Details | 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)
Bill History:
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Mon, 8 Mar 2021 House: Filed
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Tue, 9 Mar 2021 House: Passed 1st Reading
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Wed, 12 May 2021 House: Reptd Fav Com Substitute
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Wed, 12 May 2021 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 12 May 2021 House: Reptd Fav
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Wed, 12 May 2021 House: Cal Pursuant Rule 36(b)
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Wed, 12 May 2021 House: Added to Calendar
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Wed, 12 May 2021 House: Passed 2nd Reading
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Wed, 12 May 2021 House: Passed 3rd Reading
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Thu, 13 May 2021 House: Special Message Sent To Senate
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Thu, 13 May 2021 Senate: Special Message Received From House
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Thu, 13 May 2021 Senate: Passed 1st Reading
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Thu, 13 May 2021 Senate: Ref To Com On Rules and Operations of the Senate
H 234
Bill Summaries:
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Bill H 234 (2021-2022)Summary date: May 12 2021 - View Summary
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Bill H 234 (2021-2022)Summary date: Mar 8 2021 - View Summary
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.
View: All Summaries for Bill
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.