DISPOSITION OF ABANDONED FIREARMS (NEW).

View NCGA Bill Details2013-2014 Session
House Bill 714 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLEDAN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES.
Intro. by Schaffer, Faircloth.

Status: Ref To Com On Rules and Operations of the Senate (Senate Action) (May 16 2013)

SOG comments (1):

Long title change

House committee substitute to the first edition changed the long title. Original long title was A BILL TO BE ENTITLED AN ACT TO TRANSFER ABANDONED FIREARMS FROM LOCAL LAW ENFORCEMENT AGENCIES TO THE STATE FOR DISPOSITION.

H 714

Bill Summaries:

  • Summary date: May 15 2013 - More information

    House amendment makes the following change to the 2nd edition:

    Amends GS 15-11.2(d)(2) to clarify that law enforcement may dispose of a firearm under this subdivision in one of two ways: (1) by sale to a federally licensed firearm dealer or (2) at public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers.


  • Summary date: May 14 2013 - More information

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

    Changes the short and long titles.

    Amends GS 15-11.1(b1), providing that a judge can, among other options, order a firearm to be destroyed by the sheriff of the county in which the firearm was seized or by his authorized agent only if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.

    Amends GS 15-11.2, Disposition of unclaimed firearms not confiscated or seized as trial evidence, providing that if the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency (was, the SBI, at the discretion of the agency director, must dispose of the firearm) must order the disposition of the firearm in one of the specified ways.

    Adds that the head or chief of the law enforcement agency must maintain a record of the destruction of the firearm.

    Makes conforming changes concerning the role of the head or chief of the law enforcement agency.

    Provides that if the law enforcement agency sells the firearm at public auction, then the proceeds will be retained by the law enforcement agency and used for law enforcement purposes (was, proceeds to be retained by the SBI for law enforcement purposes). Requires records and inventory of all firearms received pursuant to this section to be kept.

    Amends GS 14-269.1(4), changing the ways in which a deadly weapon can be disposed of after a specified conviction, providing that a weapon can be disposed of by ordering such weapon to be turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.

    Amends the enactment clause, providing that the act becomes effective July 1, 2013, and applies to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date (previously, judicial orders were not included in the clause).


  • Summary date: Apr 10 2013 - More information

    Identical to S 443, filed 3/26/13.

    Amends GS 15-11.2 (Disposition of unclaimed firearms not confiscated or seized as trial evidence), deleting GS 15-11.2(c), which allowed a person finding a firearm and giving it to law enforcement to then claim the firearm in specified circumstances.

    Amends GS 15-11.2(d) to require the head or chief of the law enforcement agency to transfer the unclaimed firearm to the State Bureau of Investigation (SBI), (previously, head or chief could apply to the appropriate district court for disposition of the unclaimed firearm).

    Amends GS 15-11.2(e) (Disposition of Firearm), requiring the SBI to dispose of the firearm in one of three ways: (1) having the firearm destroyed if it does not have a legible identification number or because it is unsafe for use; (2) by transferring it to a law enforcement agency applying for the disposition of the firearm for official use or selling it at a public auction to a licensed collector, dealer, importer, or manufacturer, in accordance with laws; or (3) by maintaining the firearm for training or experimental purposes or for use in a museum or historical society.

    Provides that if the SBI sells the firearm, the SBI will keep the proceeds of the sale and use them for law enforcement purposes.  The SBI will maintain records and inventory of all firearms received from local law enforcement agencies, the disposition of the firearm, and any funds associated with the disposition of firearms.

    Effective July 1, 2013, applying to any firearm found or received by local law enforcement agencies on or after that date.


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