HB 206 — DPS/Other Changes.

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2025 H 21 HOUSE BILL 206 Committee Substitute Favorable 3/25/25 Short Title:

Representatives Carson Smith, Cairns, Ward, and Miller (Primary Sponsors).

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

Judiciary 2, if favorable, Rules, Calendar, and Operations of the House February 26, 2025 A BILL TO BE ENTITLED AN ACT TO MODIFY AND CLARIFY PROVISIONS RELATED TO THE RETRIEVAL OF FIREARMS, AMMUNITION, AND PERMITS SURRENDERED PURSUANT TO AAN EX PARTE, EMERGENCY, OR PERMANENT DOMESTIC VIOLENCE PROTECTIVE ORDER AND TO PROTECT MINOR VICTIMS OF AND WITNESSES TO CRIME.

*H206-v-2**H206-v-1* General Assembly Of North Carolina Session 2025 (d) Surrender.

In the event that weapons cannot be surrendered at the time the order is served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 24 hours of service at a time and place specified bytheby the sheriff.

Prior to release of any firearms to the defendant pursuant to this subsection, the sheriff shall verify through a criminal history check conducted through the National Instant Criminal Background Check System (NICS) that the defendant is not prohibited by law from possessing or receiving a firearmfirearm. pursuant to 18 U.S.C.

§ 922 or any State law and the defendant does not have any pending criminal charges committed against the person that is the subject of the current protective order or pending charges that, if convicted, would prohibit the defendant from possessing a firearm.

– The defendant may request the return of any firearms, ammunition, or permits surrendered by filing a motion with the court at the expiration of the current order or final disposition of any pending criminal charges committed against the person that is the subject of the current protective order and not later than 90 days Page 2 House Bill 206-Second Edition General Assembly Of North Carolina Session 2025 after the expiration of the current order or final disposition of any pending criminal charges committed against the person that is the subject of the current protective order.

Upon receipt of the motion, the court shall schedule a hearing and provide written notice to the plaintiff who shall Page 2 House Bill 206-First Edition General Assembly Of North Carolina Session 2025 have the right to appear and be heard and to the sheriff who has control of the firearms, ammunition, or permits.

– A third-party owner of firearms, ammunition, or permits who is otherwise eligible to possess such items may file a motion requesting the return to said third party of any such items in the possession of the sheriff seized as a result of the entryofentry of a domestic violence protective order.

(h) DisposalofFirearms.–Disposal Afternoticetothedefendantandallpartiesknownorbelieved to have an ownership or possessory interest in the firearm, including any third-party owner, the sheriff who has control of theFirearms. firearms, ammunition, or permits may apply to the court for an order of disposition of the firearms, ammunition, or permits under any of the following circumstances:

– After notice to the defendant and any known third-party owner, the sheriff who has control of the firearms, ammunition, or permits may applyto the court for an order of disposition of the firearms, ammunition, or permits under any of the following circumstances:

(3) The defendant or third-party owner fails to remit all fees owed for the storage ofthefirearms orammunition within30days of either (i)theentryoftheorder House Bill 206-Second Edition Page 3 General Assembly Of North Carolina Session 2025 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 defendant, and the sheriff shall apply to the court for an order of disposition House Bill 206-First Edition Page 3 General Assembly Of North Carolina Session 2025 of the firearms, ammunition, or permits.

Page 4 House Bill 206-Second Edition General Assembly Of North Carolina Session 2025 provided that the original shall be provided under process to be used as evidence in any relevant civil or criminal proceeding.

Page 4 House Bill 206-First Edition General Assembly Of North Carolina Session 2025 …." EFFECTIVE DATE SECTION 3.

House Bill 206-Second206-First Edition Page 5