Bill Summary for H 712 (2019-2020)

Summary date: 

May 3 2019

Bill Information:

View NCGA Bill Details2019-2020 Session
House Bill 712 (Public) Filed Wednesday, April 10, 2019
AN ACT TO AUTHORIZE THE COURT TO ORDER THE DESTRUCTION OF A FIREARM IF THE COURT DETERMINES IT IS IN THE BEST INTEREST OF PUBLIC SAFETY AND TO AUTHORIZE A LAW ENFORCEMENT AGENCY TO CONSIGN A SEIZED OR UNCLAIMED FIREARM TO A FEDERALLY LICENSED FIREARM DEALER FOR SALE OR TO ALLOW DESTRUCTION OF THE FIREARM IF IT IS UNABLE TO BE SOLD.
Intro. by Faircloth, McNeill, Ross, R. Turner.

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Bill summary

House committee substitute to the 1st edition makes the following changes.

Modifies and adds to the proposed changes to GS 15-11.1 as follows. Now requires rather than authorizes a judge to order the disposition of the firearms in one of the specified ways after hearing. Now includes among the instances in which a firearm to be turned over to be destroyed by the sheriff when the court makes a determination that it is in the best interest of public safety that the firearm not be returned to the defendant or anyone with an ownership or possessory interest in the firearm (no longer includes that a federally licensed firearm dealer that the firearm has negligible value as a trade-in for a replacement firearm for the agency's official use). Concerning an order for the firearm to be turned over to law enforcement, adds provisions requiring the agency to arrange for consignment, when other stated disposal options cannot be used, to a licensed firearm dealer for sale at a reserve of $150, and only allows for destruction of the firearm if the agency cannot arrange for consignment, the firearm is not sold after six months of consignment, or the firearm is consigned and the dealer determines before six months that the dealer cannot sell the firearm. Allows the federally licensed firearm dealer to retain a reasonable fee for the sale of a firearm on consignment under the provisions. Removes language allowing for destruction if the federally licensed firearm dealer determines that the firearm has negligible value as a trade-in for a replacement firearm for the agency's official use. Makes conforming and organizational changes. Makes conforming changes to GS 15-11.2 concerning unclaimed firearms. Makes further technical changes to GS 15-11.2. Makes conforming changes to the act's long title.

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