North Carolina 2017-2018 Session Status: In Committee Bipartisan · 3 D · 1 R cosponsors

SB 737 — Safer Schools, Healthier Kids Act.

Last action — Passed 1st Reading

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Bill Text

What changed in the latest version

78 added · 78 removed

Plain-language change summary

The latest version of Senate Bill 737 introduces the concept of an Extreme Risk Protection Order (ERPO), which allows courts to temporarily restrict a person's access to firearms if they pose a significant danger to themselves or others. This change is significant because it aims to enhance public safety while also ensuring that individuals' rights are respected throughout the process. The bill outlines who qualifies as a family or household member, thereby clarifying who can seek such an order. Overall, this amendment prioritizes both community safety and due process.

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FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA May 23, 2018 S.B.
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2017 S 1 SENATE BILL 737 Short Title:
737 SESSION 2017 PRINCIPAL CLERK S D SENATE BILL DRS15277-MLa-204 Short Title:
Senators Chaudhuri, McKissick, and J.
Senators Chaudhuri, McKissick, J.
Jackson (Primary Sponsors).
Jackson (Primary SponsorsSmith and Waddell.
A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS;
Rules and Operations of the Senate May 24, 2018 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM TO SELF OR OTHERS;
– The purpose of this Chapter is to reduce gun deaths and injuries, while respecting constitutional rights, by providing a court procedure for concerned citizens and law enforcement to obtain an order temporarily restricting a person's access to firearms.
– The purpose of this Chapter is to reduce gun deaths and injuries, while respecting constitutional rights, by providing a court procedure for concerned citizens and law *S737-v-1* General Assembly Of North Carolina Session 2017 enforcement to obtain an order temporarily restricting a person's access to firearms.
The court *DRS15277-MLa-204* General Assembly Of North Carolina Session 2017 orders authorized under this Chapter are intended to be limited to situations in which the person poses a significant danger of harming themselves or others by possessing a firearm and include standards and safeguards to protect the rights of respondents and due process of law.
The court orders authorized under this Chapter are intended to be limited to situations in which the person poses a significant danger of harming themselves or others by possessing a firearm and include standards and safeguards to protect the rights of respondents and due process of law.
A petition for Page 2 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 an ERPO under this Chapter may be granted whether or not there is a pending action between the petitioner and respondent.
A petition for Page 2 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 an ERPO under this Chapter may be granted whether or not there is a pending action between the petitioner and respondent.
– If the court finds by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injuryto self or others by having in his DRS15277-MLa-204 Page 3 General Assembly Of North Carolina Session 2017 or her custody a firearm, a judge or magistrate of district court may issue an ex parte ERPO before a hearing for a full ERPO and without evidence of service of process or notice.
– If the court finds by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injuryto self or others by having in his Senate Bill 737-First Edition Page 3 General Assembly Of North Carolina Session 2017 or her custody a firearm, a judge or magistrate of district court may issue an ex parte ERPO before a hearing for a full ERPO and without evidence of service of process or notice.
Page 4 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 (b) Failure to Surrender.
Page 4 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 (b) Failure to Surrender.
– If the respondent or a third-party owner does not file a motion within the applicable time period prescribed by this section requesting the return of any surrendered firearms, ammunition, or permits, if the court determines that the respondent or third-party owner is precluded from regaining possession of any surrendered firearms, DRS15277-MLa-204 Page 5 General Assembly Of North Carolina Session 2017 ammunition, or permits, or if the respondent fails to remit all fees owed for the storage of the firearms or ammunition within 30 days of the entry of the order granting the return of the firearms, ammunition, or permits, the sheriff who has control of the firearms, ammunition, or permits shall give notice to the respondent and the sheriff shall apply to the court for an order of disposition of the firearms, ammunition, or permits.
– If the respondent or a third-party owner does not file a motion within the applicable time period prescribed by this section requesting the return of any surrendered firearms, ammunition, or permits, if the court determines that the respondent or third-party owner is precluded from regaining possession of any surrendered firearms, Senate Bill 737-First Edition Page 5 General Assembly Of North Carolina Session 2017 ammunition, or permits, or if the respondent fails to remit all fees owed for the storage of the firearms or ammunition within 30 days of the entry of the order granting the return of the firearms, ammunition, or permits, the sheriff who has control of the firearms, ammunition, or permits shall give notice to the respondent and the sheriff shall apply to the court for an order of disposition of the firearms, ammunition, or permits.
Page 6 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 "§ 50E-12.
Page 6 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 "§ 50E-12.
The purpose of this Chapter is to enable the State and the agencies of North Carolina to respond to requests for public records without disclosing the location of a petitioner for an DRS15277-MLa-204 Page 7 General Assembly Of North Carolina Session 2017 Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or human trafficking;
The purpose of this Chapter is to enable the State and the agencies of North Carolina to respond to requests for public records without disclosing the location of a petitioner for an Senate Bill 737-First Edition Page 7 General Assembly Of North Carolina Session 2017 Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or human trafficking;
For an applicant that is an ERPO petitioner, evidence that the applicant is at risk from violence or other unlawful conduct from the Page 8 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 respondent in a petition filed under Chapter 50E of the General Statutes.
For an applicant that is an ERPO petitioner, evidence that the applicant is at risk from violence or other unlawful conduct from the Page 8 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 respondent in a petition filed under Chapter 50E of the General Statutes.
DRS15277-MLa-204 Page 9 General Assembly Of North Carolina Session 2017 (b) This section does not apply to an antique firearm or an historic edged weapon.
Senate Bill 737-First Edition Page 9 General Assembly Of North Carolina Session 2017 (b) This section does not apply to an antique firearm or an historic edged weapon.
Page 10 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 6.
Page 10 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 6.
DRS15277-MLa-204 Page 11 General Assembly Of North Carolina Session 2017 3.
Senate Bill 737-First Edition Page 11 General Assembly Of North Carolina Session 2017 3.
Page 12 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 5.
Page 12 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 5.
14-415.4, may obtain a permit, if the purchase or receipt of a pistolpistol, assault weapon, or long gun DRS15277-MLa-204 Page 13 General Assembly Of North Carolina Session 2017 permitted in this Article does not violate a condition of the pardon or restoration of firearms rights." SECTION 3.(d) G.S.
14-415.4, may obtain a permit, if the purchase or receipt of a pistolpistol, assault weapon, or long gun Senate Bill 737-First Edition Page 13 General Assembly Of North Carolina Session 2017 permitted in this Article does not violate a condition of the pardon or restoration of firearms rights." SECTION 3.(d) G.S.
(1) The handgunhandgun, long gun, or assault weapon is lent to a minor for temporary use if the minor's possession of the handgunhandgun, long gun, or Page 14 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 assault weapon is lawful under G.S.
(1) The handgunhandgun, long gun, or assault weapon is lent to a minor for temporary use if the minor's possession of the handgunhandgun, long gun, or Page 14 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 assault weapon is lawful under G.S.
FUNDING TO EXPAND USE OF ANONYMOUS TIP LINE DRS15277-MLa-204 Page 15 General Assembly Of North Carolina Session 2017 SECTION 6.(a) There is appropriated from the General Fund to the Department of PublicInstructionthesumofonemillionsixhundredsixty-six thousandfourhundredeighty-nine dollars ($1,666,489) in nonrecurring funds for the 2018-2019 fiscal year to implement the SPK UP NC anonymous safetytip lineapplicationthrough theCenter forSafer Schools ona statewide basis.
FUNDING TO EXPAND USE OF ANONYMOUS TIP LINE Senate Bill 737-First Edition Page 15 General Assembly Of North Carolina Session 2017 SECTION 6.(a) There is appropriated from the General Fund to the Department of PublicInstructionthesumofonemillionsixhundredsixty-six thousandfourhundredeighty-nine dollars ($1,666,489) in nonrecurring funds for the 2018-2019 fiscal year to implement the SPK UP NC anonymous safetytip lineapplicationthrough theCenter forSafer Schools on a statewide basis.
Page 16 DRS15277-MLa-204 General Assembly Of North Carolina Session 2017 SECTION 7.(e) On or before May 1 of each year, each entity receiving funds under subsection (a) of this section shall submit a report to the Joint Legislative Commission on Governmental Operations detailing all of the following:
Page 16 Senate Bill 737-First Edition General Assembly Of North Carolina Session 2017 SECTION 7.(e) On or before May 1 of each year, each entity receiving funds under subsection (a) of this section shall submit a report to the Joint Legislative Commission on Governmental Operations detailing all of the following:
SECTION 9.(b) There is appropriated from the General Fund to the Department of Public Safety the sum of four hundred forty-four thousand dollars ($444,000) in recurring funds for the 2018-2019 fiscal year to be used as grants to local schools administrative units, regional DRS15277-MLa-204 Page 17 General Assembly Of North Carolina Session 2017 schools, charter schools, and lab schools in accordance with Section 8.36 of S.L.
SECTION 9.(b) There is appropriated from the General Fund to the Department of Public Safety the sum of four hundred forty-four thousand dollars ($444,000) in recurring funds for the 2018-2019 fiscal year to be used as grants to local schools administrative units, regional Senate Bill 737-First Edition Page 17 General Assembly Of North Carolina Session 2017 schools, charter schools, and lab schools in accordance with Section 8.36 of S.L.
Page 18 DRS15277-MLa-204
Page 18 Senate Bill 737-First Edition
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Action History

  1. Passed 1st Reading

  2. Ref To Com On Rules and Operations of the Senate

  3. Filed

Sponsors

Sponsorship breakdown

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2 sponsors · 3 co-sponsors · 174 not signed on

Sponsors (2)

Co-sponsors (3)

Not signed on (174)

174 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Subjects

public-safety education health-insurance
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

Who sponsors SB 737?
SB 737 is sponsored by McKissick, Jay J. Chaudhuri (Democratic), Brent Jackson (Republican), Kandie D. Smith (Democratic), and Joyce Waddell (Democratic).
What is the current status of SB 737?
This bill died with 2017-2018 Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 737?
Track SB 737 free on One Click Politics — get push/email alerts when it moves.

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