HB 583 — Law Enforcement/Destroy Certain Firearms.

GENERAL ASSEMBLY OF NORTH CAROLINA H.B.SESSION 2025 H 1 HOUSE BILL 583 Short Title:

583 Mar 31, 2025 SESSION 2025 HOUSE PRINCIPAL CLERK H D HOUSE BILL DRH30266-ML-87A Short Title:

RepresentativeRepresentatives Morey.Morey, Rubin, Lopez, and Clark (Primary Sponsors).

For a complete list of sponsors, refer to the North Carolina General Assembly web site.

Rules, Calendar, and Operations of the House April 1, 2025 A BILL TO BE ENTITLED AN ACT TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO DESTROY UNCLAIMED FIREARMS, FIREARMS CONFISCATED AFTER CONVICTION OF CERTAIN OFFENSES, AND FIREARMS PURCHASED BY OR VOLUNTARILY SURRENDERED TO THE LAW ENFORCEMENT AGENCY.

Ifthedistrict attorneyattorneydetermines determines thefirearm is nolongernecessarynolongernecessaryorusefulas orusefulas evidence in a criminal trial and knows or believes there are multiple parties who may have an ownership or possessory interest in the firearm, the district attorney, after notice to all parties known or believed by the district attorney to have an ownership or a possessory interest in the firearm, including the defendant, shall apply to the court for an order of disposition of the firearm.

(1) ByByordering ordering the firearm returned to its rightful owner, when the rightful owner is someone other than the defendant and upon findings bybythe the court (i) that the person, firm, or corporation determined by the court to be the rightful owner is entitled to possession of the firearm and (ii) that the person, firm, or corporation determined by the court to be the rightful owner of the firearm *DRH30266-ML-87A**H583-v-1* General Assembly Of North Carolina Session 2025 was unlawfullyunlawfullydeprived deprived ofthesameorhadnoknowledgeorreasonablebelief of the defendant's intention to use the firearm unlawfully.

(2) By ordering the firearm returned to the defendant, but only if the defendant is not convicted of anyanycriminal criminal offense in connection with the possession or use of the firearm, the defendant is the rightful owner of the firearm, and the defendant is not otherwise ineligible to possess such firearm.

(4) ByByorderingthe orderingthe firearmturnedoverto a law enforcementagencyenforcementagencyin in thecounty of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws.

(2) ByBysale,trade, sale,trade,orexchangebythe orexchangebytheagencytoagencyto afederallylicensedfirearmdealerafederallylicensed firearmdealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, Page 2 DRH30266-ML-87AHouse Bill 583-First Edition General Assembly Of North Carolina Session 2025 dealers, importers,ormanufacturers.Theheadorimporters, ormanufacturers.Theheador chiefofthelawenforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number.

(3) By maintaining the firearm for training or experimental purposes the official use of the agencyagencyor ortransferringthe transferring the firearm to a museum or historical society.

The court may order a disposition of the firearm pursuant to this subdivision onlyonlyupon upon the written request of the head or chief of the law enforcement agencyagencyor or a designee of the head or chief of the law enforcement agency and only if the firearm has a legible, unique identification number.

DRH30266-ML-87AHouse Bill 583-First Edition Page 3 General Assembly Of North Carolina Session 2025 (6) ByByordering ordering such weapons turned over to the North Carolina Justice Academy for official use by that agency.

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