SB 849 — Increase Safe Use of Firearms.
Last action — Passed 1st Reading
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✓Introduced
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2In Committee
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3Passed Senate
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4Passed House
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5To Executive
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6Enacted
This bill died with 2023-2024 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This bill is no longer active — its legislative session has ended, so there are no live odds of enactment. It would have to be reintroduced in the current session to move again.
Bill Text
What changed in the latest version
61 added · 62 removedPlain-language change summary
The amendments to Senate Bill 849 clarify certain provisions regarding firearm permits and the authority of the sheriff and State Bureau of Investigation. Specifically, the language has been streamlined to focus on the roles of these agencies in the permitting process and enforcement. These changes help ensure that there is less confusion about responsibilities and improve the efficiency of the application and revocation processes for gun permits. This matters because clearer processes can enhance public safety and improve compliance with the law.
FILED SENATE GENERAL ASSEMBLY OF NORTH CAROLINA MaySESSION 2,2023 2024S S.B.1 SENATE BILL 849 Short Title:
849 SESSION 2023 PRINCIPAL CLERK S D SENATE BILL DRS15426-MLf-146 Short Title:
Rules and Operations of the Senate May 6, 2024 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, TO PROMOTE GUN SAFETY BY STRENGTHENING THE LAWGOVERNINGLAW GOVERNING THESAFESTORAGE OF FIREARMS,TOREQUIREUNIVERSAL BACKGROUND CHECKS, TO MAKE THE STATE BUREAU OF INVESTIGATION RESPONSIBLE FOR PISTOL PURCHASE PERMITS, TO REINSTATE THE PERMIT REQUIREMENT TO PURCHASE A PISTOLPISTOLFOR FOR PRIVATE SALES, AND TO EXEMPT FIREARM SAFETY AND STORAGE ITEMS FROM THE SALES TAX.
14-402 is reenacted as it existed immediatelyimmediatelyprior prior to its repeal and reads as rewritten:
(i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the countycountyin in which the purchaser or receiver resides;
*DRS15426-MLf-146**S849-v-1* General Assembly Of North Carolina Session 2023 (1) Antique firearm.
(5) through (7) Repealed bybySession Session Laws 2011-56, s.
–A person,firm, or corporation whois not a federallyfederallylicensed licensed firearm dealer acting in accordance with federal law.
14-403 is reenacted as it existed immediatelyimmediatelyprior prior to its repeal and reads as rewritten:
14-404 is reenacted as it existed immediatelyimmediatelyprior prior to its repeal and reads as rewritten:
The sheriff State Bureau of Investigation shall determine the criminal and background history of any applicant by accessing computerized criminal history records as maintained Page 2 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 bytheStateBureauofInvestigationbytheStateBureauofInvestigationit itandtheFederalBureauofInvestigation,andtheFederal BureauofInvestigation, by conducting a national criminal history records check, by conducting a check through the National Instant Criminal Background Check System (NICS), and by conducting a criminal history check through the Administrative Office of the Courts.
For purposes of determininganapplicant'sgoodmoralcharacterto receiveapermit,thesheriffreceiveapermit,the sheriff State Bureau of Investigation shall only consider an applicant's conduct and criminal historyhistoryfor for the five-year period immediatelyimmediatelypreceding preceding the date of the application.
Thedetermination bybythecourt,on thecourt,on appeal, shall beuponthefacts, thelaw,andthereasonableness of the sheriff's State Bureau of Investigation's refusal, and shall be final.
… (e) ThesheriffStateBureauThesheriffStateBureauofInvestigationshall ofInvestigationshall chargeforthesheriff's itsservicesupon receipt of an application a fee of five dollars ($5.00) for each permit requested.
There shall be no limit as to the number or frequency of permit applications and no other costs or fees other than provided in this subsection shall be charged for the permit, including, but not limitedto, anyanycosts costs for investigation, processing, or medical background checks by the sheriff State Bureau of Investigation or others providing records to the sheriff.State Bureau of Investigation.
(5) A signed release, in a form to be prescribed by the Administrative Office of the Court, that authorizes and requires disclosure to the sheriff State Bureau of Investigation of any court orders concerning the mental health or capacity DRS15426-MLf-146Senate Bill 849-First Edition Page 3 General Assembly Of North Carolina Session 2023 of the applicant to be used for the sole purpose of determining whether the applicant is disqualified to receive a permit pursuant to this section.
… (h) The sheriff State Bureau of Investigation shall revoke anyanypermit permit upon the occurrence of any event or condition subsequent to the issuance of the permit, or the applicant's subsequent inability to meet a requirement under this Article, which would have resulted in a denial of the application submitted to obtain the permit if the event, condition, or the applicant's current inability to meet a statutory requirement had existed at the time of the application and prior to the issuance of the permit.
(5) AnyAnyperson person who willfullywillfullyfails fails to surrender a permit upon notice of revocation shall be guilty of a Class 2 misdemeanor.
(i) ApersonorentityApersonorentityshall shall promptlydiscloseto the sheriff,StateBureau of Investigation, upon presentation by the applicant or sheriff State Bureau of Investigation of an original or photocopied release form described in subdivision(5)ofsubsection (e1)ofthis section, anycourt orders concerning the mental health or capacity of the applicant who signed the release form." SECTION 1.(d) G.S.
14-405 is reenacted as it existed immediatelyimmediatelyprior prior to its repeal and reads as rewritten:
provided, however, that the sheriff State Bureau of Investigation shall make the records available upon request to anyanyfederal, federal, State, and local law enforcement agencies and shall also make the records available to the court if the records are required to be released pursuant to a court order.
Any application to a court for Page 4 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 release of the list of permit holders and permit application information shall be by a petition to the chief judge of the district court for the district in which the person seeking the information resides." SECTION 1.(e) G.S.
14-402, 14-405, and 14-406 shall apply to the sale of pistols suitable forfiringforfiringblank blank cartridges.
ThesheriffsofThe sheriffsof all thecounties ofthis StateareBureauStateare Bureau of Investigation is authorized and may in their discretion issue to any person, firm or corporation, private person, in any such county, a license or permit to purchase or receive any pistol suitable for firing blank cartridges from any person, firm or corporation private person offering to sell or dispose of the same, which said permit shall be in substantially the following form:
FederallyFederallylicensed licensed firearm dealer.
(5) MateriallyMateriallyfalse false information.
DRS15426-MLf-146Senate Bill 849-First Edition Page 5 General Assembly Of North Carolina Session 2023 (e) This section does not apply to a law enforcement officer acting in his or her official capacity or to a person acting at the direction of the law enforcement officer." SECTION 1.(g) G.S.
(3) MateriallyMateriallyfalse false information.
–A person,firm, or corporation whois not a federallyfederallylicensed licensed firearm dealer acting in accordance with federal law.
(1) One who is under an indictment or information for, or has been convicted in anyanystate state orin anyanycourtofthe courtofthe UnitedStates of,a felonyfelony(otherthan (otherthananoffense an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade).
Page 6 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 (6) One who has been discharged from the Armed Forces of the United States under dishonorable conditions.
DRS15426-MLf-146Senate Bill 849-First Edition Page 7 General Assembly Of North Carolina Session 2023 (4) A transfer that occurs by operation of law or because of the death of a person for whom the prospective transferor is an executor or administrator of an estate or a trustee of a trust created in a will.
Page 8 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 "Extreme Risk Protection Orders.
– Any weapon, including a starter gun, which will or is designed to or maymayreadilybe readily be converted to expel a projectile bybythe the action of an explosive, or its frame or receiver.
If the petitioner is seeking an ex parte ERPO, the petition shall DRS15426-MLf-146Senate Bill 849-First Edition Page 9 General Assembly Of North Carolina Session 2023 includeanallegationthattherespondentposesanimminentdangerofphysical harm to self or others by having in his or her care, custody, possession, ownership, or control a firearm.Theallegationrequired under this subdivision shall include facts to support the allegation.
(6) A description of the requirements for relinquishment and retrieval of any firearms, ammunition, permits to purchase firearms, and permits to carry Page 10 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 concealed firearms that are in the care, custody, ownership, or control of the respondent.
– If the court finds by clear, cogent, and convincing evidence that the respondent poses an imminent danger of causing physical injuryinjuryto to self or others by having in his 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.
DRS15426-MLf-146Senate Bill 849-First Edition Page 11 General Assembly Of North Carolina Session 2023 A continuance shall be limited to one extension of no more than 10 days unless all parties consent or good cause is shown.
– At the time of surrender or seizure, the sheriff taking possession of a firearmshall issuea receipt identifyingidentifyingall allfirearmsthathavebeen firearmsthatsurrenderedorseized havebeensurrendered orseized andshall provide a copy of the receipt to the respondent.
– If the court does not enter a full ERPO when the ex parte ERPO expires, the respondent maymayretrieve retrieveanyweapons any weapons surrendered to the sheriff unless the court finds that the respondent is otherwise precluded from owning or possessing a firearm pursuant to State or federal law.
Show all 53 changed lines (13 more)
Unless the court finds that the respondent is otherwise precluded from owning or possessing a firearm pursuant to State or federal law, all firearms, ammunition, and permits surrendered bybythe the respondent shall be returned within 30 days of the date the motion was received by the court.
Page 12 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 (g) Motion for Return by Third Party.
The court maymayrenew renew an ERPO, including an ERPO that previously has been renewed, upon a motion by the petitioner filed before the expiration of the current ERPO.
If the motion for renewal is uncontested and the petitioner seeks no modification of the ERPO, the ERPO maymaybe be renewed if the petitioner's motion or affidavit states DRS15426-MLf-146Senate Bill 849-First Edition Page 13 General Assembly Of North Carolina Session 2023 that there has been no material change in relevant circumstances since entry of the ERPO and states the reason for the requested renewal.
– An ERPO expiring on a daydaythe the court is not open for business shall expire in accordance with the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S.
Any order extending, modifying, or revoking an ERPO shall be promptlypromptlydelivered delivered to the sheriff bybythe the clerk and served in a manner provided for service of process in accordance with the provisions of this section.
A copy of the ERPO shall be issued promptlypromptlyto to and retained bybythe the police department of the municipalitymunicipalityof of the petitioner's residence.
– It is unlawful for anyanyperson person to possess, purchase, or receive, or attempt to possess, purchase, or receive, afirearm,ammunition, orpermits to purchaseorcarrypurchaseorcarryconcealed concealed firearms, for so long as an ERPO entered against that person in accordance with this Chapter is in effect.
Page 14 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 A person who knowingly makes a false statement when petitioning for an ERPO under this Chapter, or who knowingly makes a false statement to a law enforcement agency or officer that an ERPO entered pursuant to this Chapter remains in effect, is guilty of a Class 2 misdemeanor.
The AttorneyAttorneyGeneral General shall not be required to track or otherwise maintain records of any mail received on behalf of a program participant unless the mail is certified or registered mail.
DRS15426-MLf-146Senate Bill 849-First Edition Page 15 General Assembly Of North Carolina Session 2023 "§ 15C-4.
Page 16 DRS15426-MLf-146Senate Bill 849-First Edition General Assembly Of North Carolina Session 2023 PART V.
DRS15426-MLf-146Senate Bill 849-First Edition Page 17
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Action History
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Passed 1st Reading
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Ref To Com On Rules and Operations of the Senate
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Filed
Sponsors
- Sydney Batch · Primary
- Michael Garrett · Primary
- Lisa Grafstein · Cosponsor
- Val Applewhite · Cosponsor
- Jay J. Chaudhuri · Cosponsor
- Marcus · Cosponsor
- Gladys A. Robinson · Cosponsor
- DeAndrea Salvador · Cosponsor
- Kandie D. Smith · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →2 sponsors · 7 co-sponsors · 170 not signed on
Sponsors (2)
- Sydney Batch Democratic
- Michael Garrett Democratic
Co-sponsors (7)
- Lisa Grafstein Democratic
- Val Applewhite Democratic
- Jay J. Chaudhuri Democratic
- Marcus
- Gladys A. Robinson Democratic
- DeAndrea Salvador Democratic
- Kandie D. Smith Democratic
Not signed on (170)
170 members have not signed on to this bill.
Show all 170 →"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.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 26 | 0 | 0 | 8 |
| Democratic | 7 | 0 | 0 | 0 |
| Republican | 7 | 0 | 0 | 2 |
| Total | 40 | 0 | 0 | 10 |
| % of votes cast | 80% | 0% | 0% | 20% |
How each member voted (50)
| Member | Party | Vote |
|---|---|---|
| Apodaca | — | Yea |
| Ballard | — | Yea |
| Barefoot | — | Yea |
| Bryant | — | Yea |
| Hartsell | — | Yea |
| D.Davis | — | Yea |
| Smith | — | Yea |
| VanDuyn | — | Yea |
| Brown | — | Yea |
| B.Jackson | — | Yea |
| Newton | — | Yea |
| Tucker | — | Yea |
| J.Jackson | — | Not Voting |
| Smith-Ingram | — | Not Voting |
| J.Davis | — | Not Voting |
| Barringer | — | Yea |
| Bingham | — | Not Voting |
| Brock | — | Yea |
| Curtis | — | Yea |
| Foushee | — | Not Voting |
| Gunn | — | Yea |
| Harrington | — | Yea |
| Krawiec | — | Yea |
| Meredith | — | Yea |
| Pate | — | Yea |
| Rabin | — | Not Voting |
| Rucho | — | Yea |
| Tarte | — | Not Voting |
| Tillman | — | Yea |
| Wade | — | Yea |
| Woodard | — | Yea |
| McKissick | — | Not Voting |
| Randleman | — | Yea |
| Wells | — | Yea |
| Amanda P. Cook | Democratic | Yea |
| Dan Blue | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Jay J. Chaudhuri | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Paul A. Lowe, Jr. | Democratic | Yea |
| Tracy Clark | Democratic | Yea |
| Bill Rabon | Republican | Yea |
| Carl Ford | Republican | Not Voting |
| Michael V. Lee | Republican | Yea |
| Norman W. Sanderson | Republican | Yea |
| Phil Berger | Republican | Yea |
| Ralph Hise | Republican | Yea |
| Tom McInnis | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| Warren Daniel | Republican | Not Voting |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democratic | 11 | 0 | 0 | 1 |
| Unaffiliated | 74 | 0 | 0 | 10 |
| Republican | 20 | 0 | 0 | 2 |
| U | 1 | 0 | 0 | 0 |
| Total | 106 | 0 | 0 | 13 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (119)
| Member | Party | Vote |
|---|---|---|
| Avila | — | Yea |
| Baskerville | — | Yea |
| Boles | — | Yea |
| Bradford | — | Yea |
| Burr | — | Yea |
| Conrad | — | Yea |
| Faircloth | — | Yea |
| Farmer-Butterfield | — | Yea |
| Fisher | — | Yea |
| Floyd | — | Yea |
| Fraley | — | Yea |
| Gill | — | Yea |
| Hamilton | — | Not Voting |
| Hardister | — | Not Voting |
| Horn | — | Yea |
| Hunter | — | Yea |
| L.Bell | — | Yea |
| C.Graham | — | Yea |
| G.Graham | — | Yea |
| Earle | — | Yea |
| D.Hall | — | Yea |
| L.Hall | — | Yea |
| Jackson | — | Yea |
| G.Martin | — | Yea |
| R.Moore | — | Yea |
| Queen | — | Yea |
| B.Richardson | — | Yea |
| W.Richardson | — | Yea |
| B.Turner | — | Yea |
| J.Bell | — | Yea |
| Brawley | — | Yea |
| R.Brown | — | Yea |
| Davis | — | Yea |
| K.Hall | — | Yea |
| L.Johnson | — | Yea |
| Jones | — | Yea |
| Malone | — | Yea |
| S.Martin | — | Yea |
| T.Moore(Speaker) | — | Yea |
| Bishop | — | Yea |
| Bryan | — | Yea |
| Bumgardner | — | Yea |
| Catlin | — | Yea |
| Cleveland | — | Yea |
| Collins | — | Yea |
| Daughtry | — | Yea |
| Dollar | — | Yea |
| Elmore | — | Yea |
| Hager | — | Yea |
| Hanes | — | Yea |
| Holley | — | Yea |
| Hurley | — | Yea |
| Insko | — | Yea |
| Langdon | — | Yea |
| Luebke | — | Yea |
| McElraft | — | Yea |
| McNeill | — | Yea |
| Pendleton | — | Yea |
| Presnell | — | Yea |
| Saine | — | Yea |
| Sgro | — | Yea |
| Stone | — | Yea |
| R.Turner | — | Yea |
| Dobson | — | Not Voting |
| Goodman | — | Not Voting |
| Jeter | — | Not Voting |
| Jordan | — | Not Voting |
| Murphy | — | Not Voting |
| Speciale | — | Yea |
| Szoka | — | Yea |
| Terry | — | Not Voting |
| West | — | Yea |
| Yarborough | — | Yea |
| Lewis | — | Not Voting |
| Lucas | — | Yea |
| McGrady | — | Yea |
| Michaux | — | Yea |
| Millis | — | Yea |
| Salmon | — | Yea |
| Stam | — | Yea |
| Steinburg | — | Yea |
| Whitmire | — | Yea |
| Wray | — | Yea |
| Zachary | — | Not Voting |
| Becky Carney | Democratic | Yea |
| Cecil Brockman | Democratic | Not Voting |
| Dante Pittman | Democratic | Yea |
| Eric Ager | Democratic | Yea |
| Gale Adcock | Democratic | Yea |
| Garland E. Pierce | Democratic | Yea |
| Gladys A. Robinson | Democratic | Yea |
| Graig Meyer | Democratic | Yea |
| Joyce Waddell | Democratic | Yea |
| Pricey Harrison | Democratic | Yea |
| Robert T. Reives, II | Democratic | Yea |
| Shelly Willingham | Democratic | Yea |
| Carl Ford | Republican | Yea |
| Dean Arp | Republican | Yea |
| Dennis Riddell | Republican | Yea |
| Donny Lambeth | Republican | Yea |
| Frank Iler | Republican | Yea |
| Harry Warren | Republican | Yea |
| Hugh Blackwell | Republican | Not Voting |
| Jay Adams | Republican | Yea |
| Jimmy Dixon | Republican | Yea |
| John A. Torbett | Republican | Yea |
| John M. Blust | Republican | Yea |
| Julia C. Howard | Republican | Yea |
| Kelly E. Hastings | Republican | Yea |
| Mark Brody | Republican | Yea |
| Mitchell S. Setzer | Republican | Yea |
| Phil Shepard | Republican | Yea |
| Sam Watford | Republican | Yea |
| Sarah Stevens | Republican | Yea |
| Stephen M. Ross | Republican | Yea |
| Tricia Ann Cotham | Republican | Yea |
| W. Ted Alexander | Republican | Yea |
| William D. Brisson | Republican | Not Voting |
| Carla D. Cunningham | U | Yea |
Subjects
Frequently asked questions
- Who sponsors SB 849?
- SB 849 is sponsored by Sydney Batch (Democratic), Michael Garrett (Democratic), Lisa Grafstein (Democratic), Val Applewhite (Democratic), Jay J. Chaudhuri (Democratic), Marcus, Gladys A. Robinson (Democratic), DeAndrea Salvador (Democratic), and Kandie D. Smith (Democratic).
- What is the current status of SB 849?
- This bill died with 2023-2024 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 849?
- Track SB 849 free on One Click Politics — get push/email alerts when it moves.
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