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NC H525
Bill
Status
4/8/2021
Primary Sponsor
Marcia Morey
Click for details
AI Summary
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Creates new Chapter 50E establishing Extreme Risk Protection Orders (ERPOs) allowing courts to temporarily restrict firearm access for individuals posing danger to self or others based on preponderance of evidence standard.
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Permits family members, law enforcement, health care providers, and current/former dating partners to petition district courts for ERPOs; ex parte orders may be issued same day with imminent danger finding; full hearings required within 10 days.
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Requires respondents to surrender all firearms, ammunition, and carry permits to sheriff upon ERPO issuance; sheriff may charge reasonable storage fees; respondent may retrieve items if ex parte ERPO expires without full order or after full ERPO termination unless state/federal law prohibits possession.
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Sets ERPO duration at maximum one year for full orders; allows renewals with preponderance of evidence that circumstances remain unchanged; respondent bears burden of proving by preponderance of evidence they no longer pose danger to terminate order.
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Violation of ERPO is Class A1 misdemeanor; false statements in petitions are Class 2 misdemeanor; Administrative Office of Courts must report annually on petitions filed, ex parte and full orders issued/declined, and justifications for declines; act effective December 1, 2021.
Legislative Description
Allow ERPOs to Prevent Suicides & Save Lives
Public
Last Action
Ref To Com On Rules, Calendar, and Operations of the House
4/13/2021