Bill Summary for H 807 (2023-2024)

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Summary date: 

Apr 20 2023

Bill Information:

View NCGA Bill Details2023-2024 Session
House Bill 807 (Public) Filed Tuesday, April 18, 2023
AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.
Intro. by Carson Smith, Ward.

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Bill summary

Amends GS 50B-3.1, concerning the surrender of firearms upon issuance of an emergency or ex parte domestic violence protective order, by amending the conditions under which any surrendered weapons may be retrieved by the defendant, as follows. Currently weapons may be retrieved if the court does not enter a protective order when the ex parte or emergency order expires; instead, allows surrendered weapons and related items to be retrieved by any of the following methods: (1) upon court order after a finding that insufficient evidence exists to issue a permanent domestic violence protective order following a hearing in which both parties are present or in which the plaintiff fails to appear; (2) upon court order after the issuance of a permanent domestic violence  protective order in which the court removes any requirement that the defendant surrender weapons and other related items to the sheriff, or upon the court's modification of a permanent domestic violence protective order that removes any requirement that the defendant surrender weapons and other related items to the sheriff; (3) upon court order following a hearing held on a motion for return; or (4) upon the determination of the sheriff that at least 30 days have passed following the expiration of the domestic violence protective order requiring the surrender of the weapons and other related items. Amends the process for the disposal of surrendered firearms to also trigger the process for the court to order the disposition of the firearms, ammunition, or permits, when the defendant or third-party owner does not retrieve those items within 60 days of the entry of the order granting the return of the items. Requires the proceeds from any sale of those firearms, ammunition, or permits, to be provided to the sheriff's office (was, the defendant if requested and ordered by the court) for any remaining storage fees, with remaining proceeds to be used for the sheriff's office's general use. Provides that if the court receives an application from the sheriff when the items have not been retrieved within 60 days of an order granting their return, then the judge may order any disposition of those items allowed by GS Chapter 50B, but does not allow ordering the sheriff to retain custody of the items solely for the purpose of retrieval by the defendant or third-party owner.

Makes the act effective when it becomes law and applicable (1) to firearms, ammunition, and permits surrendered on or after that date and (2) beginning 60 days after this act becomes law, to firearms, ammunition, and permits surrendered before the date this act becomes law.