Bill Summary for H 134 (2017-2018)

Printer-friendly: Click to view

Summary date: 

Feb 16 2017

Bill Information:

View NCGA Bill Details2017-2018 Session
House Bill 134 (Public) Filed Thursday, February 16, 2017
AN ACT TO REPEAL THE REQUIREMENT THAT A SIGNED RELEASE FORM FOR MENTAL HEALTH RECORDS BE PROVIDED WITH AN APPLICATION FOR A PISTOL PERMIT AND TO PROVIDE THAT A SHERIFF MAY REQUEST DISCLOSURE OF ANY COURT ORDERS CONCERNING THE MENTAL HEALTH OF AN APPLICANT FOR A PISTOL PERMIT AND THAT THE HOLDER OF ANY OF THOSE COURT ORDERS SHALL RELEASE THOSE RECORDS TO THE SHERIFF UPON THE SHERIFF'S REQUEST.
Intro. by McNeill.

View: All Summaries for BillTracking:

Bill summary

Amends GS 14-404(e1) to remove the requirement that a signed release form for any court orders concerning the mental health or capacity of the applicant be provided with an application for a pistol purchase permit. Adds new subsection (e2) to authorize the sheriff, in the sheriff's discretion, to request disclosure of any court orders concerning mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to this statute. Also removes language that limited the documentation and evidence required from an applicant to those expressly specified in subsection (e1). Makes conforming changes to eliminate subsection (i).

Amends GS 122C-54 by eliminating subsection (d2), which made records of involuntary commitment for inpatient or outpatient mental health treatment or for substance abuse treatment required to be reported to the NICS accessible to the sheriff for purposes of conducting a background check under GS 14-404. Creates new subsection (d3) to provide 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 purchase permit, the holder of any court orders that concern the mental health or mental capacity of the applicant must release to the sheriff of the county any and all mental health orders concerning that applicant upon request.

Effective August 1, 2017, and applies to applications for pistol purchases pending or submitted on or after that date.