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NC H344

Bill

Status

Introduced

3/19/2013

Primary Sponsor

Verla Insko

Click for details

Origin

House of Representatives

2013-2014 Session

AI Summary

  • Requires clerks of superior court to report mental health and substance abuse judicial determinations to the National Instant Criminal Background Check System (NICS) within 48 hours (excluding weekends and holidays) of receiving notice.

  • Expands reportable determinations to include: involuntary commitment for inpatient or outpatient mental health treatment, involuntary commitment for substance abuse treatment, not guilty by reason of insanity findings, mental incompetence to proceed to trial findings, and removal of mental commitment bars to firearm possession.

  • Specifies that involuntary commitment for outpatient mental health treatment must be based on a finding that the individual is mentally ill and, based on treatment history, needs treatment to prevent dangerousness to self or others.

  • Directs the Administrative Office of the Courts to adopt uniform rules for clerks to transmit information to NICS in a consistent manner.

  • Allows individuals to petition for removal of the mental commitment bar to firearm purchase or possession when they no longer suffer from the condition resulting in commitment and no longer pose danger to self or others.

  • Effective October 1, 2013.

Legislative Description

Uniform MH Reporting Requirements for NICS

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

3/20/2013

Committee Referrals

Rules, Calendar, and Operations of the House3/20/2013

Full Bill Text

No bill text available