NC H807

Courts shall order defendants to surrender all firearms, ammunition, and permits upon issuance of emergency or ex parte domestic violence protective orders if specific factors are found, including use or threatened use of deadly weapons, threats to kill or injure the protected party, threats of suicide, or serious injuries inflicted.

Defendants may retrieve surrendered firearms without additional court order if the ex parte or emergency order expires without a protective order being entered, or if the protective order is denied, provided the sheriff verifies through NICS that the defendant is not prohibited by law from possessing a firearm.

Defendants or third-party owners may file motions for return of surrendered firearms; third-party owners may file at any time before disposal, while defendants have 90 days after order expiration or final disposition of criminal charges to request return through a court hearing.

Sheriffs may dispose of firearms if no motion for return is filed within 90 days, if the owner is precluded by law from possession, or if storage fees are not paid within 30 days, with proceeds from any sale provided to the defendant or third-party owner if requested.

911 call contents that reveal the natural voice, name, address, telephone number, or other identifying information of callers, victims, or witnesses are exempt from public records disclosure; calls where the caller is under 18 years of age are also exempt.