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GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 2 HOUSE BILL 427 Committee Substitute Favorable 4/8/25 Short Title:
GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 1 HOUSE BILL 427 Short Title:
Representatives Kidwell, Moss, Pike, and Ward (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
March 19, 2025 A BILL TO BE ENTITLED AN ACT TO REPLACE THE REQUIRED DISCLOSURE OF RECORDS CONCERNING THE MENTAL HEALTH OR CAPACITY OF AN APPLICANT FOR A CONCEALED HANDGUNPERMITWITH A"YES"OR "NO" STATEMENT INDICATINGWHETHER THE PERSON OR ENTITY HAS INFORMATION THAT THE APPLICANT HAS BEEN DIAGNOSED BY A MEDICAL PROFESSIONAL WITH A MENTAL ILLNESS.
Judiciary 2, if favorable, Health, if favorable, Rules, Calendar, and Operations of the House March 19, 2025 A BILL TO BE ENTITLED AN ACT TO REPLACE THE REQUIRED DISCLOSURE OF RECORDS CONCERNING THE MENTAL HEALTH OR CAPACITY OF AN APPLICANT FOR A CONCEALED HANDGUNPERMITWITH A"YES"OR "NO" STATEMENT INDICATINGWHETHER THE PERSON OR ENTITY HAS INFORMATION THAT THE APPLICANT HAS BEEN DIAGNOSED BY A MEDICAL PROFESSIONAL WITH A MENTAL ILLNESS.
"(5) A release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any records concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified for a permit under the provisions of G.S.
"(5) A release, in a form to be prescribed by the Administrative Office of the Courts, that authorizes and requires disclosure to the sheriff of any records a statement concerning the mental health or capacity of the applicant to be used for the sole purpose of determining whether the applicant is disqualified for a permit under the provisions of G.S.
G.S.
14-415.12(b).
14-415.13(a)(5) shall promptlydisclose to shall, within 15 days of receipt of the release, provide the sheriff any records concerning the mental health or capacity of the applicant who signed the form and authorized the release of the records.
14-415.13(a)(5)shall promptlydisclose respond to the sheriff any records concerning the mental health or capacity of with a statement indicating "Yes" or "No" as to whether the person or entity has information that the applicant who signed the form and authorized the release of the records.has been diagnosed by a medical professional with a mental illness.
with an initial statement indicating "Yes" or "No" as to whether the person or entity has medical recordspertainingto theapplicant.
If a person or entity responds with a statement indicating "Yes," then the person or entity shall, in writing and no later than 15 days from the date it provided the sheriff with the required statement, provide the applicant with the grounds for responding "Yes." In the absence of fraud or malice, no person or entity who responds with a statement in accordance with this subsection shall be liable for damages in a civil action if the statement and any accompanying information is found to be inaccurate or otherwise in error.
Ifaperson orentityresponds with an initial statement indicating "Yes," then the person or entity shall, no later than 30 days from the initial receipt of therelease, providethe sheriffwith acopyofanymental healthrecords thatindicatetheapplicant has been diagnosed by a medical professional with a mental illness.
Nothing in this subsection shall be construed as requiring the disclosure of records to the sheriff." SECTION 3.
If the person or entity does not have records that indicate the applicant has been diagnosed by a medical professional with a mental illness, the person or entitymust respond to the sheriff and provide a statement indicating that none of the records are related to a mental health diagnosis.
In the absence of fraud or malice, no person or entity who responds with a statement in accordance with this subsection shall be liable for damages in a civil action if the statement and any accompanying information is found to be inaccurate or otherwise in error.
Nothing in this subsection shall be construed as requiring the disclosure of records not related to mental health to the sheriff." SECTION 3.
14-415.13 from an applicant, and receipt of the required records concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny *H427-v-2* General Assembly Of North Carolina Session 2025 the permit.
14-415.13 from an applicant, and receipt of the required records statement concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny the permit.
The sheriff may conduct anyinvestigation necessary to determine the qualification or competency of the person applying for the permit, including record checks.
The sheriff may conduct any investigation necessary to determine the qualification or competency of the person applying for the permit, including record checks.
The sheriff shall make the request for any records anystatements concerning the mental health or capacityrecords of the applicant within 10 days of receipt of the items listed in G.S.
The *H427-v-1* General Assembly Of North Carolina Session 2025 sheriff shall make the request for any records the statement concerning the mental health or capacity of the applicant within 10 days of receipt of the items listed in G.S.
Any grounds for denial provided in accordance with this subsection shall (i) identify any medical professional or facilitywho provided a copyof mental health records under G.S.
Any grounds for denial provided in accordance with this subsection shall (i) identify any person or entity who provided astatement under G.S.
14-415.14(c) and (ii) provide contact information for anymedical professional or facility who provided the copy.
14-415.14(c),(ii) specifywhetherthepersonorentityresponded with a "Yes" or "No," and (iii) provide contact information for the person or entity who provided the statement.
The determination bythe court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal.
The determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal.
This act becomeseffectiveOctober 1,2025,andapplies to applications submitted on or after that date.
This act becomeseffectiveOctober 1,2025, and applies to applications submitted on or after that date.
Page 2 House Bill 427-Second Edition
Page 2 House Bill 427-First Edition
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