Bill Summary for H 145 (2021-2022)

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Summary date: 

Feb 24 2021

Bill Information:

View NCGA Bill Details2021
House Bill 145 (Public) Filed Wednesday, February 24, 2021
AN ACT TO PROTECT THE PROPERTY RIGHTS OF PERSONS SUBJECT TO A DOMESTIC VIOLENCE PROTECTIVE ORDER BY ALLOWING THEM TO STORE THEIR FIREARMS WITH OR SELL THEIR FIREARMS THROUGH A QUALIFIED LICENSED FIREARMS DEALER.
Intro. by Adams, Kidwell, McNeill, Turner.

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Bill summary

Amends GS 50B-3.1 to alternatively allow a court issuing an emergency or ex parte order to order the defendant to surrender all firearms, machine guns, and ammunition to a licensed firearms dealer rather than the sheriff. Amends the provisions regarding the notice of the order by the court to the plaintiff and defendant to specify the notice must inform the defendant that he or she is prohibited from possessing, purchasing, or receiving a firearm or attempting to do the same for the duration of the protection order or any protective order in effect. Adds a new requirement for a sheriff to store surrendered firearms or ammunition in a manner designed to reasonably ensure against any deterioration or damage; caps fees for storage at $10 monthly and requires an itemized receipt be given to the defendant from the sheriff. Changes the time frame a defendant is required to surrender all firearms, machine guns, ammunition, and permits to the sheriff which are not able to be immediately surrendered upon service, to within two business days rather than 24 hours of service.

Details the procedure for a defendant to surrender or sell his or her firearms, machine guns, and ammunition to or through a licensed firearms dealer upon service of the order to surrender as an alternative to surrender to the sheriff. Requires the defendant to notify the sheriff of the intent to surrender or sell to or through the dealer and complete the surrender or sale within two business days of service of the order. Requires the defendant and the dealer to enter into an agreement to surrender possession directly to the dealer. Provides proceeds from any sale are the property of the defendant. Requires the defendant to surrender all permits to purchase and permits to carry concealed firearms to the sheriff as provided by the existing language of the statute. Requires the dealer to submit to the sheriff copies of the record of disposition within 24 hours of receipt of possession. Prohibits a dealer receiving possession from releasing the firearms, machine guns, or ammunition to the defendant without a court order or transferring possession to any person the dealer knows or reasonably should know will allows the defendant to exercise care, custody, possession, ownership, or control of the firearms, machine guns, or ammunition. Makes conforming changes throughout regarding retrieval, motions to return by third-party owners, and disposal, making the provisions applicable to licensed firearms dealers.

Adds that a judge can order firearms and ammunition surrendered to a licensed firearms dealer to be disposed of by sale by the dealer. No longer requires the defendant to request proceeds from the sale by motion before or at the hearing.

Makes conforming, organizational, and clarifying changes. Applies to orders issued on or after the date the act becomes law.