Bill Summary for H 583 (2025-2026)

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Summary date: 

Apr 2 2025

Bill Information:

View NCGA Bill Details(link is external)2025-2026 Session
House Bill 583 (Public) Filed Monday, March 31, 2025
AN ACT TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO DESTROY UNCLAIMED FIREARMS, FIREARMS CONFISCATED AFTER CONVICTION OF CERTAIN OFFENSES, AND FIREARMS PURCHASED BY OR VOLUNTARILY SURRENDERED TO THE LAW ENFORCEMENT AGENCY.
Intro. by Morey, Rubin, Lopez, Clark.

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Bill summary

Includes whereas clauses.

Amends GS 15-11.1 (pertaining to court orders for the disposition of seized firearms determined to be no longer necessary or useful as evidence). Under current law, the district attorney (DA) is required to apply to the court for disposition of the firearm after notice to all parties known or believed to have an ownership or possessory interest in the firearm. Now directs that the firearm be returned to the defendant if the DA knows or believes the defendant to be the sole party with an ownership or possessory interest in the firearm, and is not otherwise ineligible to possess the firearm. Provides for application of the existing procedure of the DA applying to the court for an order of disposition when the DA knows or believes there are multiple parties who may have an ownership or possessory interest in the firearm. Removes the requirement that the firearm not have a legible, unique identification number or is unsafe in order to be disposed of by destruction. Now allows the court to order a firearm to be turned over for destruction by any law enforcement agency in the county of trial (was limited to the sheriff of the county or their authorized agent). Removes the requirement that any firearm ordered to be turned over to law enforcement for official agency use have a legible, unique identification number. Eliminates the court's authority to order that the firearm be turned over to law enforcement for sale, trade, or exchange by the agency to a federally licensed firearm dealer. 

Amends GS 15-11.2 (pertaining to dispositions of unclaimed firearms not confiscated or seized as trial evidence). Removes the limitation that firearms subject to the statute can only be ordered for destruction if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. Eliminate authority of the chief of the law enforcement agency to order disposition of the firearm by sale, trade, or exchange to a federally licensed firearm dealer or by sale at a public auction to specified licensed persons. Now allows for ordering the firearm to be disposed of by maintaining the firearm for the official use of the agency (was, training or experimental purposes). Makes conforming deletions.

Amends GS 14-269.1 (pertaining to disposition of confiscated firearms used for offenses involving a deadly weapon). Removes the limitation that disposition of the weapon by destruction can only be ordered by the presiding judge if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. Now allows for ordering the weapon be turned over to a law enforcement agency (was, the sheriff) in the county in which the trial is held or their duly authorized agent to be destroyed. Eliminates the presiding judge's authority to order that the weapon be turned over to law enforcement for sale, trade, or exchange by the agency to a federally licensed firearm dealer. 

Enacts GS 15-11.3, creating the disposition of firearms received through a firearm buy-back program (a program in which firearms, ammunition, or firearms and ammunition are purchased or voluntarily surrendered for the purpose of destruction). Sets forth three requirements for participating law enforcement agencies, including checking the serial number of each firearm purchased or surrendered to the program against any local, State, and federal records for stolen firearms. Prohibits destruction without the written permission of the lawful owner if the firearm is found to be stolen, or alternatively, requires return to the lawful owner, subject to the agency determining whether the lawful owner is eligible for possession under federal law. Authorizes the agency to destroy the firearm if the lawful owner is barred from possession after the agency complies with the statute's two other requirements relating to stolen firearms, their use in crimes, and retained evidence.

Effective July 1, 2025, and applies to any firearm found or received by a law enforcement agency on or after that date.