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NC H281

Bill

Status

Introduced

3/6/2023

Primary Sponsor

Marcia Morey

Click for details

Origin

House of Representatives

2023-2024 Session

AI Summary

  • Establishes Chapter 50E creating Extreme Risk Protection Orders (ERPOs) allowing courts to temporarily restrict firearm access for persons posing danger to self or others.

  • Permits family members, law enforcement, health care providers, and current/former intimate partners to petition district courts for ERPOs based on clear and convincing evidence of imminent danger.

  • Requires respondents to immediately surrender all firearms, ammunition, and permits to the sheriff upon ERPO service, with court authority to order seizure if surrender fails within 24 hours.

  • Provides two types of orders: ex parte ERPOs issued without notice within 1 day (effective up to 10 days) and final ERPOs issued after hearing within 10 days (effective up to 1 year and renewable).

  • Establishes violation of ERPO as Class A1 misdemeanor, includes provisions for firearm retrieval and disposal, and requires annual reporting to legislature on petition filings and order issuances.

Legislative Description

Allow ERPOs to Prevent Suicides & Save Lives

Civil Procedure; Courts; Crimes; Domestic Violence; Health Services; Mental Health; Public; Public Health; Weapons; Women; Subst

Last Action

Ref To Com On Rules, Calendar, and Operations of the House

3/7/2023

Committee Referrals

Rules, Calendar, and Operations of the House3/7/2023

Full Bill Text

No bill text available