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 amendment to the 3rd edition makes the following changes.
Part IV
Amends GS 50B-3.1 (Surrender and disposal of firearms; violations; exceptions) to remove ammunition 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 ammunition 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 the provisions concerning disposal of firearms, ammunition, or permits as follows. Allows the sheriff who has control of the firearms, ammunition, or permits, after notice to the defendant and any known third-party owner, to apply for a court order for disposition of the firearms, ammunition, or permits under the following circumstances: (1) both of the following criteria are met: a. if the defendant or third-party owner has not filed a motion requesting the return of any firearms, ammunition, or permits surrendered within 90 days after the expiration of the current order or final disposition of any pending criminal charges committed against the person that is the subject of the current protective order, and b. the defendant has not retrieved the firearms within 90 days after the expiration of the current order or final disposition of any pending criminal charges committed against the person that is the subject of the current protective order; (2) the court has determined that the defendant or third-party owner is precluded from regaining possession of any firearms, ammunition, or permits surrendered; or (3) the defendant or third-party owner fails to remit all fees owed for the storage of the firearms or ammunition within 30 days of either (i) the entry of the order granting the return of the firearms, ammunition, or permits, or (ii) a request to retrieve the firearms, ammunition, or permits. Makes conforming changes. Reinstates the provision making it illegal for any person subject to a protective order prohibiting the possession or purchase of firearms to fail to surrender, or fail to disclose all information pertaining to, permits to purchase firearms. Reinstates the provision making it illegal for any person to possess, purchase, or receive or attempt to possess, purchase, permits to purchase concealed firearms if ordered by the court for so long as that protective order or any successive protective order entered against that person.
Changes the effective date of Part IV so that it is now effective December 1, 2023, and applies (1) to firearms, ammunition, and permits surrendered on or after that date and (2) beginning February 1, 2024, to firearms, ammunition, and permits surrendered before December 1, 2023.