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NC S157
Bill
AI Summary
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Amends the process for individuals to remove firearm disabilities related to mental commitment determinations, separating the procedures for mental commitment findings versus incompetency adjudications.
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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.
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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.
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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.
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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