AN ACT TO REVISE THE LAW ON PROVIDING MENTAL HEALTH OR MENTAL CAPACITY RECORDS WHEN APPLYING FOR A PISTOL PURCHASE PERMIT.
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.