Bill Summary for H 1208 (2025-2026)
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| View NCGA Bill Details | 2025-2026 Session |
AN ACT TO REQUIRE THE SURRENDER OF FIREARMS BY A RESPONDENT UPON THE ISSUANCE OF A CIVIL NO-CONTACT ORDER, AND TO AUTHORIZE THE ISSUANCE OF AN INDIVIDUAL RISK PROTECTION ORDER TO RESTRICT A PERSON'S ACCESS TO FIREARMS IF THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS.Intro. by Budd.
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Bill summary
Section 1
Enacts GS 50C-9.1 to require a respondent to surrender to the sheriff all specified firearms, ammunition, and related permits to purchase or carry upon issuance of an emergency or ex parte no-contact order if the court finds: (1) the use or threatened use of a deadly weapon by the defendant or a pattern of prior conduct involving the use or threatened use of violence with a firearm against persons, (2) threats to seriously injure or kill the victim, (3) threats to commit suicide by the defendant, or (4) serious injuries inflicted upon the victim. Requires the court inquire of the complainant and identify in its order, and again of the respondent at the ten-day hearing, firearms, ammunition and permits in the care, custody, possession, ownership, or control of the respondent. Requires immediate surrender upon service or within 24 hours. Provides for storage by the sheriff and associated costs. Sets forth required terms of the order, including notice of prohibitions while the order is in effect and how to request retrieval upon the order's expiration.
Details retrieval conditions without court order, including the court not entering a permanent order or the order is denied after a hearing, and the court does not find the respondent is precluded from owning or possessing a firearm under state or federal law or pursuant to criminal disposition, subject to a criminal history check as described. Provides a procedure by which the respondent can motion to request return within 90 days of the order's expiration or final criminal disposition. Upon motion, notice must be sent to the complainant and a hearing held to determine whether the respondent is precluded from owning or possessing a firearm, including an inquiry addressing four specified criteria. Requires denial if the respondent is precluded from owning or possessing firearms under state or federal law or if the respondent has any pending criminal charges committed against the person who is subject of the order. Establishes a process for a third-party owner to motion to request return of items in the sheriff's possession whereby the court must order their return, after notice and hearing, so long as the owner is otherwise eligible; if denied, the sheriff must dispose of the items. Allows for the sheriff to apply to the court to dispose of firearms, ammunition, or permits after notice to the respondent and all parties known or believed to have an ownership or possessory interest if (1) the respondent or owner has not motioned for their return or retrieved the items within the specified time periods, (2) the third-party owner is precluded from possession, or (3) the respondent or third-party owner fails to remit required fees within the specified time periods. Provides for any lawful disposition.
Makes it unlawful for those subject to an order prohibiting firearm possession or purchase to fail to surrender items as ordered, fail to disclose all related information requested by the court, or provide false information to the court. Makes it a Class H felony to possess, purchase, or receive, or attempt the same, a firearm, machine gun, ammunition, or permits to purchase or carry if ordered by the court so long as the order and any successive order is effective. Exempts official use by law enforcement officers or US Armed Forces members. Allows the court to order additional relief provided by law.
Makes conforming changes to GS 14-269.8 to reference new GS 50C-9.1 and GS 50E-9, as enacted and described above and below, regarding the unlawful purchase or possession of firearms, machine guns, ammunition, or permits to purchase or carry as long as protective orders are in effect.
Applies to no-contact orders issued on or after December 1, 2026.
Section 2
Enacts new GS Chapter 50E. States the Chapter's purpose and sets forth two defined terms. Establishes a process for certain professionals to petition a district court for an individual risk protection order (IRPO). Persons with standing include the head of a law enforcement office or agency or their designee; a judicial official; and specified licensed medical providers, social workers, therapists, and counselors who have treated the person against whom the IRPO is sought, or a family member of that person, within the preceding six months. Provides for venue, contents of the petition, verification, nondisclosure of the petitioner's address if requirements are met, court costs, electronic filing, and confidentiality. Limits disclosure to the petitioner, the person against whom the IRPO is sought, and their family members. Directs the Administrative Office of the Courts (AOC) to annually report to the specified NCGA committee and division, beginning December 1, 2026, on five data points related to IRPO petitions. Provides for service of the summons. Lists eight requirements of an IRPO, including a statement of the supporting grounds; whether a mental health evaluation or chemical dependency evaluation is required; a description of required relinquishment and retrieval of any firearms, ammunition or permits in the respondent's care, custody, possession, ownership, or control; and a description of the process for seeking its termination. Details hearing requirements on the petition to determine whether a final IRPO should be issued within 10 days of any ex parte IRPO or the date the petition was served. Allows issuance if three requirements are satisfied, including that the court finds by a preponderance of the evidence that the respondent poses a danger of causing physical harm to self or others by having custody or control, owning, purchasing, possessing, or receiving a firearm upon consideration of any relevant evidence. Provides a nonexhaustive list of factors the court may consider. Details requirements for a hearing and issuance of an ex parte IRPO, including allowing for hearings by video conference and authorizing the chief district court judge to designate a judge or magistrate to be reasonably available to issue ex parte IRPOs when court is not in session.
Requires surrender of firearms, ammunition, and permits to the sheriff and provides substantially similar provisions governing inquiry, surrender, retrieval, return to respondent or third-party owner, and disposal as those enacted regarding no-contact orders in new GS 50C-9.1, above, though no findings are required regarding pending criminal charges against an individual as in the circumstance of a no-contact order.
Makes it unlawful for those subject to an IRPO prohibiting firearm possession or purchase to fail to surrender items as ordered, fail to disclose all related information requested by the court, or provide false information to the court. Makes it a Class H felony to possess, purchase, or receive, or attempt the same, a firearm, machine gun, ammunition, or permits to purchase or carry if ordered by the court so long as the order and any successive order is effective. Exempts official use by law enforcement officers or US Armed Forces members. Allows the court to order additional relief provided by law.
Deems ex parte IRPOs effective until the date of the hearing or 10 days from issuance, and final IRPOs effective for a fixed period up to one year. Allows for renewal(s) upon motion by the petitioner subject to described required findings. Allows the respondent to move for termination once every 12-month period the order is in effect and provides notice and hearing requirements. Requires termination if the respondent proves by a preponderance of the evidence that they no longer pose a danger of causing physical harm to self or others by having a firearm in their custody or control.
Requires clerks to deliver copies of IRPOs to the respective sheriff in the counties IRPOs are issued and promptly notify sheriffs of any extensions, modifications, or revocations. Requires sheriffs to enter IRPOs and subsequent communications in the National Crime Information Center registry and provide access of the order to the courts. Provides for copies of IRPOs to be sent to the police department of the municipality of the petitioner's residence. Provides for service of the IRPO and summons, if not yet served, to the respondent upon issuance. Requires law enforcement petitioners to provide, or attempt to provide, notice of the petition to any known third party who may be at risk of unlawful conduct from the respondent.
Makes it a Class A1 misdemeanor for any person subject to an effective IRPO to possess, purchase, or receive, or attempt the same, a firearm, ammunition, or permits to purchase or carry concealed firearms. Makes it a Class 1 misdemeanor for a person to give a false statement when petitioning for an IRPO or for a person to give false information to law enforcement for IRPO issuance. Deems the Chapter's remedies nonexclusive. Specifies that the Chapter does not create any civil or criminal liability for any person or entity for acts or omissions related to obtaining an IRPO.
Amends specified sections of GS Chapter 15C to permit IRPO petitioners to participate in the Address Confidentiality Program. Requires IRPO petitioner applications to include evidence that the applicant is at risk for violence or other unlawful conduct from the IRPO respondent. Makes conforming changes.
Makes the above provisions effective December 1, 2026.
Directs the AOC to develop forms to implement the procedures of new GS Chapter 50E. Further directs AOC to develop and implement a statewide electronic system or use existing technology to allow courts to share information to determine whether prior orders under GS Chapter 50E have been issued for a respondent. Appropriates $10,000 from the General Fund to AOC for 2026-27 to meet these requirements. Effective July 1, 2026.