House committee substitute to the 1st edition makes the following changes. Makes conforming changes to act’s long title.
Further amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions), as follows. Modifies the scope of the criminal history check required prior to release of a firearm to a defendant so that the check makes sure that the defendant is not prohibited from possessing or receiving a firearm under federal law 18 USC 922 or any State law and the defendant does not have any pending criminal charges committed against the person that is the subject of the current protective order or pending charges that, if convicted, would prohibit the defendant from owning a firearm. Expands the parties required to notified by the sheriff before the sheriff applies for a court order of disposition of the firearms to include all parties believed to have an ownership or possessory interest in the firearm (including third-party owners already listed in the act).
MOD. GUN RETRIEVAL - DVOS/JUVENILE 911 CALLS.
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| View NCGA Bill Details(link is external) | 2025-2026 Session |
AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO A DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.Intro. by Carson Smith, Cairns, Ward, Miller.
Status: Re-ref Com On Rules, Calendar, and Operations of the House (House action) (Mar 25 2025)
Bill History:
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Tue, 25 Feb 2025 House: Filed(link is external)
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Wed, 26 Feb 2025 House: Passed 1st Reading(link is external)
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Tue, 25 Mar 2025 House: Reptd Fav Com Substitute(link is external)
H 206
Bill Summaries:
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Bill H 206 (2025-2026)Summary date: Mar 25 2025 - View Summary
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Bill H 206 (2025-2026)Summary date: Feb 25 2025 - View Summary
Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions), as follows. Amends subsection (e) to allow a defendant to obtain any weapons surrendered under the section without a further court order if (1) the court doesn’t enter a protective order when the ex parte or emergency order expires, or (2) the protective order is denied by the court after a hearing. Requires the sheriff to run a background check on the defendant to ensure that they are not prohibited from possessing firearms before releasing the surrendered firearms. Amends subsection (g) to allow third parties who own items surrendered to a sheriff under a protective order to file a motion for their return at any time prior to their disposal under subsection (h) (was, motion must be filed within 30 days after seizure). Amends subsection (h), pertaining to disposal of firearms, to require the sheriff who has control of the firearms, ammunition or permits (collectively, firearms) to also give notice to any third-party owner before applying to the court for an order disposing of the firearms (currently, just has to give notice to the defendant). Modifies the conditions that trigger the sheriff’s right to dispose of the firearms, so that the sheriff can only do so in the following three circumstances:
- The defendant or third-party owner has not filed a motion requesting the return of the firearms within 90 days after the expiration of the current protective order or final disposition of any pending criminal charges committed against the person who is the subject of that order and the defendant has not retrieved the firearms. (Currently, just defendant and required to act within time period prescribed by GS 50B-3.1.)
- The court has determined that the defendant or third-party owner is precluded from regaining the surrendered firearms. (Currently, just defendant.)
- The defendant or third-party owner fails to remit all fees for the storage of the firearms within 30 days of either the entry of an order granting the return of the firearms or a request to retrieve the firearms.
Expands the persons eligible to receive the net sale proceeds to include the third-party owner if they make a request before a hearing on the issue of sale. (Currently, just defendant.) Makes conforming changes.
Effective December 1, 2025, and apply to firearms, ammunition, and permits surrendered on or after that date. Beginning February 1, 2026, the act applies to firearms, ammunition, and permits surrendered before the date the act becomes law.
Amends GS 132-1.4(c)(4) to remove the contents of a 911 or other emergency call where the caller is less than 18 years of age from being considered a public record. Makes clarifying changes to the subsection.
View: All Summaries for Bill
House committee substitute to the 1st edition changed the long title. Original title was AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.