Bill Summary for H 419 (2021-2022)

Summary date: 

Mar 25 2021

Bill Information:

View NCGA Bill Details2021
House Bill 419 (Public) Filed Thursday, March 25, 2021
AN ACT TO AUTHORIZE THE COURT TO ORDER THE DESTRUCTION OF A FIREARM IF THE COURT DETERMINES IT IS IN THE BEST INTEREST OF PUBLIC SAFETY AND TO AUTHORIZE A LAW ENFORCEMENT AGENCY TO CONSIGN A SEIZED OR UNCLAIMED FIREARM TO A FEDERALLY LICENSED FIREARM DEALER FOR SALE OR TO ALLOW DESTRUCTION OF THE FIREARM IF IT IS UNABLE TO BE SOLD.
Intro. by Faircloth, McNeill, C. Smith, Greene.

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Bill summary

Amends GS 15-11.1, which provides for the disposition of a seized firearm. Requires rather than permits a judge, after hearing, to order the disposition in one of the specified ways. Adds to the grounds for a judge to order disposition by destruction to include when the court determines it is in the best interest of public safety that the firearm not be returned to the defendant or anyone with an ownership or possessory interest. Adds a new provision to exclude antique firearms from the court's authority to order disposition by destruction, regardless of the grounds. Expands the court's options for disposition of a firearm to include turning the firearm over to a law enforcement agency in the county of trial to consign to a federally licensed firearm dealers for sale at a reserve of $150, so long as the firearm cannot be used by the agency, or sold, traded or exchanged to a federally licensed firearm dealer. Authorizes destruction of a firearm when (1) the agency is unable to arrange consignment after a reasonable effort, (2) the firearm is consigned for six months without being sold, or (3) the firearms is consigned and the dealer determines before six months has passed that the dealer is unable to sell the firearm. Allows licensed dealers to retain a reasonable fee from a consignment sale. Provides for remittance of consignment sale proceeds in the same manner as other sales by the agency under the related provisions. Provides that the authority to destroy a firearm excludes antique firearms. Requires the record of firearms inventory of the receiving law enforcement agency to specify which firearms have been destroyed.

Amends GS 15-11.2, which governs the disposition of unclaimed firearms by the head or chief of a law enforcement agency. Enacts identical authorities to allow for the disposition of a firearm under the statute by consignment to a federally licensed firearm dealer, and subsequent destruction (if applicable) in accordance with the enacted provisions of GS 15-11.1. Adds provisions to specify that the authority to destroy a firearm under the statute excludes antique firearms. 

Effective July 1, 2021. 

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