Bill Summary for S 443 (2013-2014)

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Summary date: 

Jun 5 2013

Bill Information:

View NCGA Bill Details2013-2014 Session
Senate Bill 443 (Public) Filed Tuesday, March 26, 2013
A BILL TO BE ENTITLED AN ACT TO PROVIDE FOR THE DISPOSITION OF FIREARMS BY LAW ENFORCEMENT AGENCIES.
Intro. by Brock.

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Bill summary

House committee substitute makes the following changes to the 2nd edition.

Amends GS 15-11.1(b1), regarding the disposition of seized property when that property is a firearm. Provides that after a hearing, the judge may order that a firearm without a legible, unique identification number or that is unsafe for use because of wear, damage, age, or modification be turned over to be destroyed by the sheriff of the county in whichthe firearm was seized, or by the sheriff's authorized agent.

Amends GS 15-11.2, regarding the disposition of unclaimed firearms that were not confiscated orseizedas trial evidence. Provides that if a firearm is not claimed for a period of 30 days after publication of notice, then the head or chief of the law enforcement agency must order the disposition of the firearm (was, the judge, after hearing, may order the disposition of the firearm) in one of the specified ways. Disposition of the firearm includes destroying a firearm that lacks a legible, unique identification number or that is unsafe for use. Requires the head or chief of the law enforcement agency to maintain a record of the destruction of the firearm. Removes as an option for the disposition of the firearm turning it over to the law enforcement agency applying for the disposition of the firearm for official use of that agency. Permits disposition of the firearm by transferring it to a museum or historical society or by maintaining the firearm for training or experimental purposes. Directs that the law enforcement agency receiving a firearm in a transaction under this section must maintain records as to the disposition of the firearm including any funds received from a sale of a firearms or other property received in the exchange or tradeof a firearm.

Amends GS 14-269.1(4) regarding the confiscation and disposition of deadly weapons to allow a firearm that does not have a legible, unique identification number or is unsafe for use to be turned over for destruction(was, any firearm may be turned over for destruction) to the sheriff, or the sheriff's duly authorized agent,in the county in whichthe trial is held.

Rewrites the long and short titles of this act.

Makes this act effective September 1, 2013 (was, 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.