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NC H241

Bill

Status

Introduced

3/16/2015

Primary Sponsor

Robert Davis

Click for details

Origin

House of Representatives

2015-2016 Session

AI Summary

  • Requires destruction of firearms used in assault on law enforcement officers or to cause serious bodily injury or death, unless the court determines it appropriate to return the firearm to its rightful owner.

  • Creates new subsection (b2) establishing that the district attorney must petition the court to dispose of firearms used in assaults on officers or causing serious injury/death, with the default outcome being destruction by the county sheriff.

  • Allows judges to return firearms to rightful owners only upon finding the owner is entitled to possession and was either unlawfully deprived of the firearm or had no knowledge of the defendant's unlawful intent.

  • Maintains existing disposition procedures for other seized firearms, including options to return to rightful owners, return to defendants if not convicted, or transfer to law enforcement agencies for official use or sale.

  • Becomes effective December 1, 2015, and applies to petitions for firearm disposition submitted on or after that date.

Legislative Description

Destroy Firearm/Crime of Assault or Murder

Last Action

Failed 2nd Reading

4/16/2015

Committee Referrals

Appropriations3/31/2015
Judiciary II3/17/2015

Full Bill Text

No bill text available