DESTROY FIREARM/CRIME OF ASSAULT OR MURDER.

View NCGA Bill Details2015-2016 Session
House Bill 241 (Public) Filed Monday, March 16, 2015
AN ACT TO PROVIDE THAT A FIREARM USED TO ASSAULT A LAW ENFORCEMENT OFFICER OR TO CAUSE SERIOUS BODILY INJURY OR DEATH THAT IS SEIZED AS EVIDENCE SHALL BE DISPOSED OF BY ORDERING THE DESTRUCTION OF THE FIREARM UNLESS THE COURT DETERMINES THAT IT IS APPROPRIATE TO RETURN THE FIREARM TO ITS RIGHTFUL OWNER.
Intro. by Davis, Daughtry.

Status: Failed 2nd Reading (House Action) (Apr 16 2015)
H 241

Bill Summaries:

  • Summary date: Mar 16 2015 - More information

    Enacts new GS 15-11.1(b2) concerning the disposition of firearms that were used as evidence in a criminal trial, providing that if the firearm was used in an assault on a law enforcement officer or to cause serious bodily injury or death to any person then, after proper and required notice is given by the district attorney, the district attorney must petition the court to dispose of the firearm. After petition and hearing the judge must order the firearm to be turned over to be destroyed by the sheriff of the county in which it was seized, unless the judge finds it appropriate to return the firearm to its rightful owner, as provided for in GS 15-11.1(b1). Requires the sheriff to maintain a record of the destruction of the firearm. 

    Makes clarifying and conforming changes.

    Effective December 1, 2015, applying to petitions of firearms submitted on or after that date. 


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