PISTOL PERMIT/MENTAL HEALTH RECORD TO SHERIFF.

View NCGA Bill Details2021
House Bill 483 (Public) Filed Thursday, April 1, 2021
AN ACT TO REVISE THE LAW ON PROVIDING MENTAL HEALTH OR MENTAL CAPACITY RECORDS WHEN APPLYING FOR A PISTOL PURCHASE PERMIT.
Intro. by Greene, McNeill, C. Smith, Miller.

Status: Ref To Com On Rules and Operations of the Senate (Senate action) (May 6 2021)
H 483

Bill Summaries:

  • Summary date: May 4 2021 - More information

    House committee substitute amends the 2nd edition as follows.

    Repeals Section 1 of the act, amending pistol permit provisions set forth in GS 14-404 and related access to mental health orders of permit applicants under GS 122C-54, if HB 398 becomes law. Effective on the date the act becomes law. 

    Enacts GS 14-32.5, making it a Class A1 misdemeanor to use or attempt to use physical force, or threaten the use of a deadly weapon, against another person when the offender is either (1) a current or former spouse, parent, or guardian of the victim, (2) a person with whom the victim shared a child in common, (3) a person who is cohabitating with or has cohabitated with the victim as a spouse, parent, or guardian, or (4) a person similarly situated to a spouse, parent, or guardian of the victim. Effective December 1, 2021. Makes conforming changes to the act's long title. 


  • Summary date: Apr 20 2021 - More information

    House committee substitute amends the 1st edition as follows.

    Further amends GS 14-404, enacting new subsection (e4) to explicitly require that when a sheriff notifies the potential holder of a mental health order in writing that a particular individual has completed an application for a pistol permit, the holder of any court orders that concern the mental health or mental capacity of an applicant for a permit must, upon request, release to the sheriff any and all mental health orders concerning the applicant. 


  • Summary date: Apr 1 2021 - More information

    Amends GS 14-404 to no longer require, in an application for a pistol purchase permit, a signed release authorizing and requiring the disclosure to the sheriff of any court orders concerning the mental health or capacity of the applicant to be used in determining whether the applicant is disqualified to receive a permit. Instead, adds the following. Requires the sheriff to request disclosure of any court orders concerning the mental health or mental capacity of the applicant to be used in determining whether the applicant is disqualified to receive a permit, specifically stating that the new provision does not increase the applicant's required documentation or the 14 day period within which the applicant must be notified of permit granting or denial. Adds a new requirement that sets forth a statement of acknowledgment in the permit application providing that the applicant grants the sheriff authority to obtain all criminal and mental health orders required by state and federal law to determine permit eligibility. Makes clarifying and conforming changes. 

    Revises GS 122C-54 to no longer provide for the accessibility of the record of involuntary commitment for inpatient or outpatient mental health treatment or substance abuse treatment required to be reported to the National Instant Criminal Background Check System by the sheriff or a designee for GS 14-404 background checks. Instead, enacts new subsection (d3), requiring the release of all mental health orders by the holder of any court orders that concern the mental health and mental capacity of a pistol permit applicant to a sheriff if a sheriff notifies the potential holder of a mental health order in writing that the individual has completed a pistol permit application.

    Applies to applications for pistol purchase permits pending or submitted on or after August 1, 2021. 


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