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NC S157

Bill

Status

Introduced

3/1/2017

Primary Sponsor

William Cook

Click for details

Origin

Senate

2017-2018 Session

AI Summary

  • Amends the process for individuals to remove firearm disabilities related to mental commitment determinations, separating the procedures for mental commitment findings versus incompetency adjudications.

  • For mental commitment-related disabilities, individuals may petition district court after expiration of current inpatient or outpatient commitment, with the burden on the petitioner to prove by preponderance of evidence they will not act dangerously and relief is not contrary to public interest.

  • Requires district court to include specific findings of fact and consider the petitioner's mental health records, criminal history, reputation, and any changes in condition; unsuccessful applicants must wait a minimum of one year before reapplying.

  • For incompetency adjudications, individuals must file a petition for restoration to competency under G.S. 35A-1130, then submit a written request to update their National Instant Criminal Background Check System (NICS) record upon restoration.

  • Effective October 1, 2017.

Legislative Description

Amend Laws Regarding Mental Commitment Bars

Last Action

Ref To Com On Rules and Operations of the Senate

3/2/2017

Committee Referrals

Rules and Operations of the Senate3/2/2017

Full Bill Text

No bill text available