Bill Summary for H 714 (2013-2014)

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Summary date: 

May 14 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
House Bill 714 (Public) Filed Wednesday, April 10, 2013
A BILL TO BE ENTITLEDAN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES.
Intro. by Schaffer, Faircloth.

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Bill summary

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

Changes the short and long titles.

Amends GS 15-11.1(b1), providing that a judge can, among other options, order a firearm to be destroyed by the sheriff of the county in which the firearm was seized or by his authorized agent only if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.

Amends GS 15-11.2, Disposition of unclaimed firearms not confiscated or seized as trial evidence, providing that if the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency (was, the SBI, at the discretion of the agency director, must dispose of the firearm) must order the disposition of the firearm in one of the specified ways.

Adds that the head or chief of the law enforcement agency must maintain a record of the destruction of the firearm.

Makes conforming changes concerning the role of the head or chief of the law enforcement agency.

Provides that if the law enforcement agency sells the firearm at public auction, then the proceeds will be retained by the law enforcement agency and used for law enforcement purposes (was, proceeds to be retained by the SBI for law enforcement purposes). Requires records and inventory of all firearms received pursuant to this section to be kept.

Amends GS 14-269.1(4), changing the ways in which a deadly weapon can be disposed of after a specified conviction, providing that a weapon can be disposed of by ordering such weapon to be turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification.

Amends the enactment clause, providing that the act becomes effective July 1, 2013, and applies to any firearm found or received by a local law enforcement agency on or after that date and to any judicial order for the disposition of any firearm on or after that date (previously, judicial orders were not included in the clause).