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NC S565
Bill
Status
4/2/2019
Primary Sponsor
Floyd McKissick
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AI Summary
Senate Bill 565 - Extreme Risk Protection Orders
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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.
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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.
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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.
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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.
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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