AMEND FIREARM RESTORATION LAW.

View NCGA Bill Details2013-2014 Session
House Bill 618 (Public) Filed Tuesday, April 9, 2013
AN ACT TO RESTORE THE FIREARMS RIGHTS OF CERTAIN PERSONS WHO WERE CONVICTED OF NONVIOLENT FELONIES BEFORE DECEMBER 1, 1995, AND WHOSE FIREARMS RIGHTS HAD BEEN RESTORED BEFORE DECEMBER 1, 1995, TO INCREASE THE FEE TO PETITION FOR THE RESTORATION OF FIREARMS RIGHTS, AND TO ADD TO THE LIST OF OFFENSES INELIGIBLE FOR EXPUNCTION CERTAIN FELONY BREAKING AND ENTERING OFFENSES, AND ANY OFFENSE THAT IS AN ATTEMPT TO COMMIT AN OFFENSE THAT IS NOT ELIGIBLE FOR EXPUNCTION.
Intro. by Speciale, Pittman.

Status: Re-ref Com On Judiciary II (Senate Action) (Jun 16 2014)

SOG comments (2):

Long Title

House committee substitute to the 2nd edition makes changes to the long title. The original title is as follows:

A BILL TO BE ENTITLED AN ACT TO AMEND THE FIREARM RESTORATION LAW BY SHORTENING THE TIME PERIOD A PERSON MUST WAIT TO PETITION FOR RESTORATION OF FIREARM RIGHTS AND BY PROVIDING THAT A PERSON WHO HAS MORE THAN ONE NONVIOLENT FELONY MAY PETITION FOR RESTORATION OF FIREARM RIGHTS AFTER WAITING AN ADDITIONAL PERIOD OF TIME.

Long title change

Senate committee substitute to the 4th edition changed the long title. Previous long title was A BILL TO BE ENTITLED AN ACT TO RESTORE THE FIREARMS RIGHTS OF CERTAIN PERSONS WHO WERE CONVICTED OF NONVIOLENT FELONIES BEFORE DECEMBER 1, 1995, AND WHOSE FIREARMS RIGHTS HAD BEEN RESTORED BEFORE DECEMBER 1, 1995, AND TO INCREASE THE FEE TO PETITION FOR THE RESTORATION OF FIREARMS RIGHTS.

Bill History:

H 618

Bill Summaries:

  • Summary date: Jun 10 2014 - More information

    Senate committee substitute makes the following changes to the 4th edition:

    Changes the long title.

    Amends GS 15A-145.5(a) to provide that the following crimes are not eligible for expunction: (1) the offense of breaking and entering with the intent to commit a felony or larceny, or to terrorize or injure the occupant (GS 14-54(a) and (a1)); (2) breaking and entering a place of worship (GS 14-54.1); (3) preparation to commit a burglary, or breaking and entering by possession of a dangerous weapon or a picklock or other implement of housebreaking (GS 14-55); (4) the felony offense of entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft (GS 14-56); and (5) any offense that is an attempt to commit an offense that is not eligible for expunction. Effective December 1, 2014, applying to petitions filed on or after that date; petitions filed prior to that date are not abated by these provisions.

    Amends the effective date for Sections 1 and 2 of the act to October 1, 2014 (was, October 1, 2013).


  • Summary date: Jul 25 2013 - More information

    House amendment to the 3rd edition makes the following changes.

    Amends GS 14-415.1(f) to provide that the statute does not apply to, there is no disentitlement under the statute for, and restores the firearms to any person who meets the specified criteria, including, had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights on (was, after) that date occurred only because of the effect of amendments to the statutes enacted by SL 1995-487 that were applicable to any person convicted of a felony before December 1, 1995.


  • Summary date: Jul 24 2013 - More information

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

    Amends GS 14-415.1 to provide that the statute does not apply to, there is no disentitlement under the statute for, and the firearms rights are restored to: (1) any person who had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights after that date occurred only because of the effect of amendments to the statutes enacted by SL 1995-487 that were applicable to any person convicted of a felony before December 1, 1995, (2) the person's felony convictions before December 1, 1995, are only for nonviolent felonies, and (3) the person has not been convicted of any subsequent felony on or after December 1, 1995, that would require forfeiture of the person's firearms rights and cause the person to be disentitled under the statute.

    Deletes all changes to GS 14-415.4, except the changes to (k) that increase the fee for a petition for restoring firearms rights to $250.

    Amends the act's long title.


  • Summary date: Jun 27 2013 - More information

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

    Amends GS 14-415.4 as follows. Adds that an offense under GS 90-95, concerning the manufacture, sale, or delivery of drugs, is not a nonviolent felony. Requires the denial of a petition to restore firearm rights if the court finds the petitioner has had entry of a prayer for judgment continued for a violent felony (was, a felony) in addition to any nonviolent felony conviction. Deletes the provision that allowed a person to petition to have firearms rights restored only for a single nonviolent felony conviction in a 10-year period. Increases the restoration petition filing fee from $200 to $250.

    Changes the act's effective date from December 1, 2013, to October 1, 2013.


  • Summary date: Apr 9 2013 - More information

    Amends GS 14-415.4 to shorten the waiting time for restoring firearm rights to 10 years (was, 20 years) after restoration of civil rights. Allows a person whose firearms rights have been restored under this statute and who commits a subsequent nonviolent felony to petition the court to remove the person's disentitlement under GS 14-415.1 for the subsequent nonviolent felony conviction and again restore the person's firearms rights. Prohibits filing a petition for a subsequent nonviolent felony until the person's citizenship rights have been restored for the subsequent nonviolent felony conviction for at least 10 years. Allows a person to petition to have his or her firearms rights restored only for a single nonviolent felony conviction in a 10-year period. Counts multiple nonviolent felony convictions arising out of the same event and consolidated for sentencing as one nonviolent felony. Makes conforming changes.

    Effective December 1, 2013.


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