House committee substitute to the 1st edition deletes the provisions of the 1st edition and replaces it with the following.
Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions) to remove permits to purchase firearms from the list of items such as firearms and permits to carry concealed firearms that a court must order a defendant to surrender when entering an order in subsection (a). Also removes permits to purchase firearms from the list of items that the court must inquire about ownership or access to when holding an ex parte or emergency hearing under subsection (b) and a 10-day hearing required by subsection (c). Removes permits to purchase firearms from the list of items that must be immediately surrendered to a sheriff upon service of an ex parte or emergency order under subsection (d). Amends subsection (i) to remove permits to purchase firearms from the list of items it is unlawful for a person subject to a protective order to possess. Amends subsection (j) to likewise remove permits to purchase firearms from the list of items which are unlawful to possess when subject to a protective order under the chapter.
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) to include references to third-party owners and provide a time period for filing a motion to request return before disposal.
Amends GS 132-1.4(c)(4) to remove from being public records the contents of a 911 or other emergency call where the caller is less than 18 years of age, and makes clarifying changes to the subsection.
The changes to GS 50B are effective when the act becomes law and apply to firearms, ammunition, and permits surrendered on or after that date. Beginning 60 days after the act becomes law, applies to firearms, ammunition, and permits surrendered before the date the act becomes law.
Amends the act's long title.
MODIFY FIREARMS RETRIEVAL PROCESS IN DV CASES.
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View NCGA Bill Details | 2023-2024 Session |
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.Intro. by Carson Smith, Ward.
Bill History:
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Tue, 18 Apr 2023 House: Filed
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Wed, 19 Apr 2023 House: Passed 1st Reading
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Wed, 26 Apr 2023 House: Reptd Fav Com Substitute
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Wed, 26 Apr 2023 House: Re-ref Com On Rules, Calendar, and Operations of the House
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Wed, 26 Apr 2023 House: Reptd Fav
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Wed, 26 Apr 2023 House: Cal Pursuant Rule 36(b)
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Wed, 26 Apr 2023 House: Added to Calendar
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Wed, 26 Apr 2023 House: Amend Failed A1
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Wed, 26 Apr 2023 House: Passed 2nd Reading
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Wed, 26 Apr 2023 House: Passed 3rd Reading
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Thu, 27 Apr 2023 House: Regular Message Sent To Senate
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Thu, 27 Apr 2023 Senate: Regular Message Received From House
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Thu, 27 Apr 2023 Senate: Passed 1st Reading
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Thu, 27 Apr 2023 Senate: Ref To Com On Rules and Operations of the Senate
Bill Summaries:
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Bill H 807 (2023-2024)Summary date: Apr 26 2023 - View Summary
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Bill H 807 (2023-2024)Summary date: Apr 20 2023 - View Summary
Amends GS 50B-3.1, concerning the surrender of firearms upon issuance of an emergency or ex parte domestic violence protective order, by amending the conditions under which any surrendered weapons may be retrieved by the defendant, as follows. Currently weapons may be retrieved if the court does not enter a protective order when the ex parte or emergency order expires; instead, allows surrendered weapons and related items to be retrieved by any of the following methods: (1) upon court order after a finding that insufficient evidence exists to issue a permanent domestic violence protective order following a hearing in which both parties are present or in which the plaintiff fails to appear; (2) upon court order after the issuance of a permanent domestic violence protective order in which the court removes any requirement that the defendant surrender weapons and other related items to the sheriff, or upon the court's modification of a permanent domestic violence protective order that removes any requirement that the defendant surrender weapons and other related items to the sheriff; (3) upon court order following a hearing held on a motion for return; or (4) upon the determination of the sheriff that at least 30 days have passed following the expiration of the domestic violence protective order requiring the surrender of the weapons and other related items. Amends the process for the disposal of surrendered firearms to also trigger the process for the court to order the disposition of the firearms, ammunition, or permits, when the defendant or third-party owner does not retrieve those items within 60 days of the entry of the order granting the return of the items. Requires the proceeds from any sale of those firearms, ammunition, or permits, to be provided to the sheriff's office (was, the defendant if requested and ordered by the court) for any remaining storage fees, with remaining proceeds to be used for the sheriff's office's general use. Provides that if the court receives an application from the sheriff when the items have not been retrieved within 60 days of an order granting their return, then the judge may order any disposition of those items allowed by GS Chapter 50B, but does not allow ordering the sheriff to retain custody of the items solely for the purpose of retrieval by the defendant or third-party owner.
Makes the act effective when it becomes law and applicable (1) to firearms, ammunition, and permits surrendered on or after that date and (2) beginning 60 days after this act becomes law, to firearms, ammunition, and permits surrendered before the date this act becomes law.
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.