Bill Summary for S 308 (2023-2024)
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| View NCGA Bill Details | 2023-2024 Session |
AN ACT TO UPDATE THE GUARDIANSHIP ACCOUNTING STATUTE TO ALLOW FOR CERTAIN TIMING ELECTIONS AND EXTENSIONS, TO AMEND THE GENERAL STATUTES TO PREVENT THE ABUSE OR MISUSE OF AUTHORITY GRANTED TO AN AGENT IN A POWER OF ATTORNEY, AND TO PROMOTE THE RIGHTS AND INDEPENDENCE OF PERSONS SUBJECT TO THE GUARDIANSHIP PROCESS AND TO IMPROVE JUDICIAL OVERSIGHT AND ACCOUNTABILITY FOR GUARDIANS OF THE PERSON, AS RECOMMENDED BY THE NORTH CAROLINA BAR ASSOCIATION, 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 Galey, Daniel, Overcash.
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Bill summary
House committee substitute to the 2nd edition adds the following new content.
Part IV
Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions) to remove permits to purchase firearms from the list of items that the court must inquire about ownership or access to when holding the 10-day hearing required by subsection (c) following issuance of an ex parte or emergency GS Chapter 50B protective order. Removes permits to purchase firearms from the list of items that must be immediately surrendered to a sheriff upon service of an ex parte or emergency order under subsection (d). Amends subsections (i) and (j) to remove permits to purchase firearms from the list of items it is unlawful for a person subject to a protective order to possess. Amends subsection (e) to allow a defendant to obtain any weapons surrendered under the section without a further court order if (1) the court doesn’t enter a protective order when the ex parte or emergency order expires, or (2) the protective order is denied by the court after a hearing. Requires the sheriff to run a background check on the defendant to ensure that they are not prohibited from possessing firearms before releasing the surrendered firearms. Amends subsection (g) to allow third parties who own items surrendered to a sheriff under a protective order to file a motion for their return at any time prior to their disposal under subsection (h) (was, motion must be filed within 30 days after seizure). Amends subsection (h) to include references to third-party owners and provide a time period for filing a motion to request return before disposal. Now allows rather than requires the sheriff to apply to the court for an order of disposition upon the defendant or third party failing to request the return of surrendered items, being precluded from the return, or failing to pay storage fees for the surrendered items. Effective when the act becomes law and applies to firearms, ammunition, and permits surrendered on or after that date, and, beginning 60 days after the act becomes law, applies to firearms, ammunition, and permits surrendered before the date the act becomes law.
Part V
Amends GS 132-1.4(c)(4) to remove from the designation of public records the contents of a 911 or other emergency call where the caller is less than 18 years of age. Makes clarifying changes.
Amends the act's titles.