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.
DESTROY FIREARM/CRIME OF ASSAULT OR MURDER.
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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)
Bill History:
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Mon, 16 Mar 2015 House: Filed
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Tue, 17 Mar 2015 House: Passed 1st Reading
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Tue, 17 Mar 2015 House: Ref to the Com on Judiciary II, if favorable, Appropriations
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Tue, 31 Mar 2015 House: Reptd Fav
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Tue, 31 Mar 2015 House: Re-ref Com On Appropriations
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Mon, 13 Apr 2015 House: Withdrawn From Com
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Mon, 13 Apr 2015 House: Cal Pursuant Rule 36(b)
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Wed, 15 Apr 2015 House: Placed On Cal For 04/16/2015
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Thu, 16 Apr 2015 House: Failed 2nd Reading
H 241
Bill Summaries:
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Bill H 241 (2015-2016)Summary date: Mar 16 2015 - View Summary
View: All Summaries for Bill