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NC S565

Bill

Status

Introduced

4/2/2019

Primary Sponsor

Floyd McKissick

Click for details

Origin

Senate

2019-2020 Session

AI Summary

Senate Bill 565 - Extreme Risk Protection Orders

  • Creates Chapter 50E establishing a court procedure for obtaining temporary Extreme Risk Protection Orders (ERPOs) to restrict firearm access for individuals posing danger to themselves or others.

  • Permits family or household members and law enforcement officers to file verified petitions in district court; requires petitions include allegations of danger, firearm identification, and corroborating evidence from a witness or audio-visual recording.

  • Authorizes judges to issue ex parte ERPOs without notice upon finding clear, cogent, and convincing evidence of imminent danger, with full hearings required within 10 days; full ERPOs issued upon preponderance of evidence standard.

  • Requires respondents to immediately surrender firearms, ammunition, and permits to the sheriff upon service of an ERPO; sheriff stores items and may charge reasonable storage fees; firearms returned 30 days after motion if respondent not otherwise prohibited from possession.

  • Establishes violations of ERPOs as Class A1 misdemeanors; false statements in petitions as Class 2 misdemeanors; permits ERPOs to be renewed and allows respondents to request termination with burden of proof that they no longer pose danger; effective December 1, 2019.

Legislative Description

Extreme Risk Protection Orders

Last Action

Ref To Com On Rules and Operations of the Senate

4/3/2019

Committee Referrals

Rules and Operations of the Senate4/3/2019

Full Bill Text

No bill text available