AN ACT to require a permit for the purchase of an assault weapon or long gun; to require a SEVENTY‑TWO‑hour waiting period before a purchased firearm may be delivered or otherwise possessed; to prohibit the sale of an assault weapon or long gun to persons under a certain age; to prohibit the sale or possession of a bump stock or trigger crank; to require the safe storage of a firearm; to REVISE RECIPROCITY LAW FOR a CONCEALED HANDGUN PERMIT; to REQUIRE THE REPORTING OF a LOST or STOLEN FIREARM; to REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY FIREARM LIABILITY INSURANCE; to LIMIT THE SIZE OF AMMUNITION MAGAZINES; to repeal the preemption of local regulation of firearms; to allow the destruction of a seized firearm; to REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A ROSTER OF HANDGUNS THAT MEET CERTAIN DESIGN AND SAFETY STANDARDS AND PROHIBIT THE SALE, TRANSFER, OWNERSHIP, OR POSSESSION OF HANDGUNS THAT ARE NOT INCLUDED ON THE ROSTER; to REPEAL the STAND YOUR GROUND LAWS AND CODIFY COMMON LAW REGARDING USE OF FORCE AGAINST AN INTRUDER; to PROHIBIT LEAVING A FIREARM IN AN UNATTENDED MOTOR VEHICLE UNLESS FIREARM IS SAFELY STORED; to PROHIBIT THE SALE OR POSSESSION OF GHOST GUNS; to PROHIBIT POSSESSION OF a SEMIAUTOMATIC FIREARM BY PERSONS UNDER TWENTY‑ONE YEARS OF AGE; to require the sheriff upon denial, revocation, or refusal to renew a concealed handgun permit or pistol permit to transmit the prohibition record to the national instant criminal background check system; to direct the state treasurer to divest the pension fund of gun stocks; 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; and to require a court to order the seizure of any firearm, ammunition, or permits a defendant fails to surrender after the issuance of an emergency or ex parte domestic violence protective order.

The General Assembly of North Carolina enacts:

part i. title of act

SECTION 1.  This act shall be known as The Comprehensive Common‑Sense Approach to Reducing Gun Violence Act.

part Ii. permit required for purchase of assault weapon or long gun AND waiting period required between purchase and delivery

SECTION 2.(a)  G.S. 14‑402, as it existed immediately before its repeal, is reenacted and reads as rewritten:

§ 14‑402.  Sale of certain weapons without permit forbidden.

(a)        It is unlawful for any person, firm, or corporation in this State to sell, give away, or transfer, or to purchase or receive, at any place within this State from any other place within or without the State any pistol pistol, assault weapon, or long gun unless: (i) a license or permit is first obtained under this Article by the purchaser or receiver from the sheriff of the county in which the purchaser or receiver resides; or (ii) a valid North Carolina concealed handgun permit is held under Article 54B of this Chapter by the purchaser or receiver who must be a resident of the State at the time of the purchase. Additionally, it is unlawful for any person in this State to receive a pistol, assault weapon, or long gun unless a period of 72 hours has passed from the date of purchase or agreement to give away or transfer the pistol, assault weapon, or long gun.

It is unlawful for any person or persons to receive from any postmaster, postal clerk, employee in the parcel post department, rural mail carrier, express agent or employee, railroad agent or employee within the State of North Carolina any pistol pistol, assault weapon, or long gun without having in his or their possession and without exhibiting at the time of the delivery of the same and to the person delivering the same the permit from the sheriff as provided in G.S. 14‑403. Any person violating the provisions of this section is guilty of a Class 2 misdemeanor.

(b)        This section does not apply to an antique firearm or an historic edged weapon.

(c)        The following definitions apply in this Article:

(1)        Antique firearm. – Defined in G.S. 14‑409.11.

(1a)      Assault weapon. – The term includes all of the following:

a.         Any selective‑fire firearm capable of semiautomatic or burst fire at the option of the user. The term also includes all of the following semiautomatic firearms:

1.         Algimec Agmi.

2.         Armalite AR‑180.

3.         Australian Automatic Arms SAP Pistol.

4.         Auto‑Ordnance Thompson type.

5.         Avtomat Kalashnikov AK‑47 type.

6.         Barrett Light‑Fifty model 82A1.

7.         Beretta AR‑70.

8.         Bushmaster Auto Rifle and Auto Pistol.

9.         Calico models M‑900, M‑950, and 100‑P.

10.       Chartered Industries of Singapore SR‑88.

11.       Colt AR‑15 and Sporter.

12.       Daewoo K‑1, K‑2, Max‑1, and Max‑2.

13.       Encom MK‑IV, MP‑9, and MP‑45.

14.       Fabrique Nationale FN/FAL, FN/LAR, and FN/FNC.

15.       FAMAS MAS 223.

16.       Feather AT‑9 and Mini‑AT.

17.       Federal XC‑900 and XC‑450.

18.       Franchi SPAS‑12 and LAW‑12.

19.       Galil AR and ARM.

20.       Goncz High‑Tech Carbine and High‑Tech Long Pistol.

21.       Heckler & Koch HK‑91, HK‑93, HK‑94, and SP‑89.

22.       Holmes MP‑83.

23.       MAC‑10, MAC‑11, and MAC‑11 Carbine type.

24.       Intratec TEC‑9 and Scorpion.

25.       Iver Johnson Enforcer model 3000.

26.       Ruger Mini‑14/5F folding stock model.

27.       Scarab Skorpion.

28.       SIG 57 AMT and 500 series.

29.       Spectre Auto Carbine and Auto Pistol.

30.       Springfield Armory BM59, SAR‑48, and G‑3.

31.       Sterling MK‑6 and MK‑7.

32.       Steyr AUG.

33.       Street Sweeper and Striker‑12 revolving cylinder shotguns.

34.       USAS‑12.

35.       UZI Carbine, Mini‑Carbine, and Pistol.

36.       Weaver Arms Nighthawk.

37.       Wilkinson Linda Pistol.

b.         All of the following semiautomatic centerfire rifles, or copies or duplicates with the capability of the rifles:

1.         AK‑47.

2.         AK‑74.

3.         AKM.

4.         AKS‑74U.

5.         ARM.

6.         MAADI AK47.

7.         MAK90.

8.         MISR.

9.         NHM90 and NHM91.

10.       Norinco 56, 56S, 84S, and 86S.

11.       Poly Technologies AKS and AK47.

12.       SA 85.

13.       SA 93.

14.       VEPR.

15.       WASR‑10.

16.       WUM.

17.       Rock River Arms LAR‑47.

18.       Vector Arms AK‑47.

19.       AR‑10.

20.       AR‑15.

21.       Bushmaster Carbon 15, Bushmaster XM15, Bushmaster ACR Rifles, and Bushmaster MOE Rifles.

22.       Colt Match Target Rifles.

23.       Armalite M15.

24.       Olympic Arms AR‑15, A1, CAR, PCR, K3B, K30R, K16, K48, K8, and K9 Rifles.

25.       DPMS Tactical Rifles.

26.       Smith and Wesson M&P15 Rifles.

27.       Rock River Arms LAR‑15.

28.       Doublestar AR Rifles.

29.       Barrett REC7.

30.       Beretta Storm.

31.       Calico Liberty 50, 50 Tactical, 100, 100 Tactical, I, I Tactical, II, and II Tactical Rifles.

32.       Hi‑Point Carbine Rifles.

33.       HK‑PSG‑1.

34.       Kel‑Tec Sub‑2000, SU Rifles, and RFB.

35.       Remington Tactical Rifle Model 7615.

36.       SAR‑8, SAR‑4800, and SR9.

37.       SLG 95.

38.       SLR 95 and 96.

39.       TNW M230 and M2HB.

40.       Vector Arms UZI.

41.       Galil and Galil Sporter.

42.       Daewoo AR 100 and AR 110C.

43.       Fabrique Nationale/FN 308 Match and L1A1 Sporter.

44.       HK USC.

45.       IZHMASH Saiga AK.

46.       SIG Sauer 551‑A1, 556, 516, 716, and M400 Rifles.

47.       Valmet M62S, M71S, and M78S.

48.       Wilkinson Arms Linda Carbine.

49.       Barrett M107A1.

c.         All of the following semiautomatic centerfire pistols, or copies or duplicates with the capability of the pistols:

1.         Centurion 39 AK.

2.         Draco AK‑47.

3.         HCR AK‑47.

4.         IO Inc. Hellpup AK‑47.

5.         Mini‑Draco AK‑47.

6.         Yugo Krebs Krink.

7.         American Spirit AR‑15.

8.         Bushmaster Carbon 15.

9.         Doublestar Corporation AR.

10.       DPMS AR‑15.

11.       Olympic Arms AR‑15.

12.       Rock River Arms LAR‑15.

13.       Calico Liberty III and III Tactical Pistols.

14.       Masterpiece Arms MPA Pistols and Velocity Arms VMA Pistols.

15.       Intratec TEC‑DC9 and AB‑10.

16.       Colefire Magnum.

17.       German Sport 522 PK and Chiappa Firearms Mfour‑22.

18.       DSA SA58 PKP FAL.

19.       I.O. Inc. PPS‑43C.

20.       Kel‑Tec PLR 16 Pistol.

21.       Sig Sauer P516 and P556 Pistols.

22.       Thompson TA5 Pistols.

d.         All IZHMASH Saiga 12 Shotguns, or copies or duplicates with the capability of the shotguns.

e.         All semiautomatic firearms that meet any of the following criteria:

1.         A semiautomatic, centerfire rifle that has the ability to accept a detachable magazine and has at least one of the following:

I.          A folding or telescoping stock.

II.        Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.

III.       A forward pistol grip.

IV.       A flash suppressor.

V.        A grenade launcher or flare launcher.

2.         A semiautomatic, centerfire rifle that has a fixed magazine with the ability to accept more than 10 rounds.

3.         A semiautomatic, centerfire rifle that has an overall length of less than 30 inches.

4.         A semiautomatic pistol that has an ability to accept a detachable magazine and has at least one of the following:

I.          An ability to accept a detachable ammunition magazine that attaches at some location outside of the pistol grip.

II.        A threaded barrel capable of accepting a flash suppressor, forward pistol grip, or silencer.

III.       A shroud that is attached to, or partially or completely encircles, the barrel and that permits the shooter to fire the firearm without being burned, except a slide that encloses the barrel.

IV.       A second hand grip.

5.         A semiautomatic pistol with a fixed magazine that has the ability to accept more than 10 rounds.

6.         A semiautomatic shotgun that has both of the following:

I.          A folding or telescoping stock.

II.        Any grip of the weapon, including a pistol grip, a thumbhole stock, or any other stock, the use of which would allow an individual to grip the weapon, resulting in any finger on the trigger hand in addition to the trigger finger being directly below any portion of the action of the weapon when firing.

7.         A semiautomatic shotgun that has the ability to accept a detachable magazine.

8.         A shotgun with a revolving cylinder.

(4)        Historic edged weapon. – Defined in G.S. 14‑409.12.

(4a)      Long guns. – A shotgun or rifle that is not considered an antique firearm or assault weapon, as those terms are defined under this section.

SECTION 2.(b)  G.S. 14‑403, as it existed immediately before its repeal, is reenacted and reads as rewritten:

§ 14‑403.  Permit issued by sheriff; form of permit; expiration of permit.

The sheriffs of any and all counties of this State shall issue to any person, firm, or corporation in any county a permit to purchase or receive any weapon mentioned in this Article from any person, firm, or corporation offering to sell or dispose of the weapon. The permit shall expire five years from the date of issuance. The permit shall be a standard form created by the State Bureau of Investigation in consultation with the North Carolina Sheriffs' Association, shall be of a uniform size and material, and shall be designed with security features intended to minimize the ability to counterfeit or replicate the permit and shall be set forth as follows:

North Carolina,

________ County.

I, ________, Sheriff of said County, do hereby certify that I have conducted a criminal background check of the applicant, ________ whose place of residence is ________ in ________ (or) in ________ Township, ________ County, North Carolina, and have received no information to indicate that it would be a violation of State or federal law for the applicant to purchase, transfer, receive, or possess a handgun. The applicant has further satisfied me as to his, her (or) their good moral character. Therefore, a permit is issued to ________ to purchase one pistol pistol, one assault weapon, or one long gun from any person, firm or corporation authorized to dispose of the same.

This permit expires five years from its date of issuance.

This __ day of ______, ____.

                                                                                                                  Sheriff.

The standard permit created by this section shall be used statewide by the sheriffs of any and all counties and, when issued by a sheriff, shall also contain an embossed seal unique to the office of the issuing sheriff.

SECTION 2.(c)  G.S. 14‑315(b1)(1), 14‑404, 14‑405, 14‑407.1, and 122C‑54(d2), as they existed immediately before their repeal, are reenacted.

SECTION 2.(d)  G.S. 14‑404(c)(1), as reenacted in subsection (c) of this section, reads as rewritten:

(1)      One who is under an indictment or information for or has been convicted in any state, or in any court of the United States, of a felony (other than an offense pertaining to antitrust violations, unfair trade practices, or restraints of trade). However, a person who has been convicted of a felony in a court of any state or in a court of the United States and (i) who is later pardoned, or (ii) whose firearms rights have been restored pursuant to G.S. 14‑415.4, may obtain a permit, if the purchase or receipt of a pistol pistol, assault weapon, or long gun permitted in this Article does not violate a condition of the pardon or restoration of firearms rights.

SECTION 2.(e)  G.S. 14‑408.1(a)(2) reads as rewritten:

(2)      Firearm. – A handgun, assault weapon, shotgun, or rifle which expels a projectile by action of an explosion.

SECTION 2.(f)  This section becomes effective December 1, 2025, and applies to the sale, giving away, transfer, purchase, or receiving of a pistol, assault weapon, or long gun on or after that date.

part iii. prohibit sale of assault weapons or long guns to persons under a certain age

SECTION 3.(a)  G.S. 14‑269.7 reads as rewritten:

§ 14‑269.7.  Prohibitions on handguns firearms for minors.

(a)        Any minor who willfully and intentionally possesses or carries a handgun handgun, long gun, or assault weapon is guilty of a Class 1 misdemeanor.

(b)        This section does not apply:

(1)        To officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or acting under orders requiring them to carry handguns.handguns, long guns, or assault weapons.

(2)        To a minor who possesses a handgun handgun, long gun, or assault weapon for educational or recreational purposes while the minor is supervised by an adult who is present.

(3)        To an emancipated minor who possesses such handgun handgun, long gun, or assault weapon inside his or her residence.

(4)        To a minor who possesses a handgun handgun, long gun, or assault weapon while hunting or trapping outside the limits of an incorporated municipality if he has on his person written permission from a parent, guardian, or other person standing in loco parentis.

(c)        The following definitions apply in this section:

(1)        Assault weapon. – As defined in G.S. 14‑402.

(1a)      Handgun. – A firearm that has a short stock and is designed to be fired by the use of a single hand, or any combination of parts from which such a firearm can be assembled.

(1b)      Long gun. – As defined in G.S. 14‑402.

(2)        Minor. – Any person under 18 years of age.

SECTION 3.(b)  G.S. 14‑315 reads as rewritten:

§ 14‑315.  Selling or giving weapons to minors.

(a)        Sale of Weapons Other Than Handguns. Handguns, Long Guns, and Assault Weapons. – If a person sells, offers for sale, gives, or in any way transfers to a minor any pistol cartridge, brass knucks, bowie knife, dirk, shurikin, leaded cane, or slungshot, the person is guilty of a Class 1 misdemeanor and, in addition, shall forfeit the proceeds of any sale made in violation of this section.

(a1)      Sale of Handguns. Handguns, Long Guns, and Assault Weapons. – If a person sells, offers for sale, gives, or in any way transfers to a minor any handgun as defined in G.S. 14‑269.7, handgun, long gun, or assault weapon, the person is guilty of a Class H felony and, in addition, shall forfeit the proceeds of any sale made in violation of this section. This section does not apply in any of the following circumstances:

(1)        The handgun handgun, long gun, or assault weapon is lent to a minor for temporary use if the minor's possession of the handgun handgun, long gun, or assault weapon is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(2)        The handgun handgun, long gun, or assault weapon is transferred to an adult custodian pursuant to Chapter 33A of the General Statutes, and the minor does not take possession of the handgun handgun, long gun, or assault weapon except that the adult custodian may allow the minor temporary possession of the handgun handgun, long gun, or assault weapon in circumstances in which the minor's possession of the handgun handgun, long gun, or assault weapon is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

(3)        The handgun handgun, long gun, or assault weapon is a devise and is distributed to a parent or guardian under G.S. 28A‑22‑7, and the minor does not take possession of the handgun handgun, long gun, or assault weapon except that the parent or guardian may allow the minor temporary possession of the handgun handgun, long gun, or assault weapon in circumstances in which the minor's possession of the handgun handgun, long gun, or assault weapon is lawful under G.S. 14‑269.7 and G.S. 14‑316 and is not otherwise unlawful.

For purposes of this subsection, the terms assault weapon, long gun, handgun, and minor are as defined in G.S. 14‑269.7.

….

SECTION 3.(c)  This section becomes effective December 1, 2025, and applies to the possession, carrying, sale, offer for sale, giving, or transfer of an assault weapon or long gun on or after that date.

part iv. prohibit the sale or possession of bump stocks or trigger cranks

SECTION 4.(a)  Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑409A.  Bump stocks and trigger cranks prohibited.

(a)        Definitions. – The following definitions apply in this section:

(1)        Bump stock. – Any device or instrument for a firearm that increases the rate of fire achievable with the firearm by using energy from the recoil of the firearm to generate a reciprocating action that facilitates repeated activation of the trigger.

(2)        Firearm. – As defined in G.S. 14‑409.39.

(3)        Trigger crank. – Any device or instrument to be attached to a firearm that repeatedly activates the trigger of the firearm through the use of a lever or other part that is turned in a circular motion. The term does not include any weapon initially designed and manufactured to fire through the use of a crank or lever.

(b)        Prohibition. – It shall be unlawful for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess bump stocks, trigger cranks, or any other similar device or instrument added to a firearm by a person other than the manufacturer that is designed to increase the rate of fire achievable by the firearm.

(c)        Punishment. – Any person violating this section is guilty of a Class I felony.

SECTION 4.(b)  This section becomes effective December 1, 2025, and applies to the sale, giving away, transfer, use, or possession of bump stocks, trigger cranks, or other similar devices and instruments added to a firearm by a person other than the manufacturer that is designed to increase the rate of fire achievable by the firearm on or after that date.

part v. require safe storage of firearms

SECTION 5.(a)  G.S. 14‑315.1 is repealed.

SECTION 5.(b)  Article 53B of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑409.44.  Require safe storage of firearms.

(a)        Requirement. – Except when being carried or used by the owner or another lawfully authorized user, a person in possession or control of a firearm shall store or keep the firearm in a locked container. For purposes of this subsection, the term firearm includes weapons regulated under G.S. 14‑409. Nothing in this subsection shall be construed as authorizing the possession of a firearm otherwise prohibited under State or federal law.

(b)        Penalty. – A person who violates subsection (a) of this section is guilty of a Class A1 misdemeanor.

(c)        Punitive Damages. – A violation of subsection (a) of this section constitutes wanton conduct within the meaning of G.S. 1D‑5 and subjects the violator to punitive damages in any civil action that may be filed as a result of the violator's actions.

SECTION 5.(c)  G.S. 14‑315.2 reads as rewritten:

§ 14‑315.2.  Warning upon sale or transfer of firearm to protect minor.firearm to safely store firearm.

(a)        Upon the retail commercial sale or transfer of any firearm, the seller or transferor shall deliver a written copy of G.S. 14‑315.1 G.S. 14‑409.44 to the purchaser or transferee.

(b)        Any retail or wholesale store, shop, or sales outlet that sells firearms shall conspicuously post at each purchase counter the following warning in block letters not less than one inch in height the phrase: IT EXCEPT WHEN BEING CARRIED OR USED BY THE OWNER OR ANOTHER LAWFULLY AUTHORIZED USER, IT IS UNLAWFUL TO STORE OR LEAVE KEEP A FIREARM THAT CAN BE DISCHARGED IN A MANNER THAT A REASONABLE PERSON SHOULD KNOW IS ACCESSIBLE TO A MINOR.IN ANY PLACE OTHER THAN A LOCKED CONTAINER.

(c)        A violation of subsection (a) or (b) of this section is a Class 1 misdemeanor.

SECTION 5.(d)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part vi. revise reciprocity law for concealed handgun permits

SECTION 6.  G.S. 14‑415.24 reads as rewritten:

§ 14‑415.24.  Reciprocity; out‑of‑state handgun permits.

(a)        A valid concealed handgun permit or license issued by another state is valid in North Carolina.

(b)        Repealed by Session Laws 2011‑268, s. 22(a), effective December 1, 2011.

(c)        Every 12 months after the effective date of this subsection, the Department of Justice shall make written inquiry of the concealed handgun permitting authorities in each other state as to: (i) whether a North Carolina resident may carry a concealed handgun in their state based upon having a valid North Carolina concealed handgun permit and permit, (ii) whether a North Carolina resident may apply for a concealed handgun permit in that state based upon having a valid North Carolina concealed handgun permit. permit, and (iii) what the criteria are in that state for the issuance of a concealed handgun permit. The Department of Justice shall attempt to secure from each state permission for North Carolina residents who hold a valid North Carolina concealed handgun permit to carry a concealed handgun in that state, either on the basis of the North Carolina permit or on the basis that the North Carolina permit is sufficient to permit the issuance of a similar license or permit by the other state.

(d)       The Department of Justice shall identify and compile a list of the states that issue a concealed handgun permit that requires compliance with criteria that is at least as stringent as the criteria required for a concealed handgun in this State. A valid concealed handgun permit or license issued by any state on the list compiled pursuant to this subsection is valid in North Carolina.

part vii. require the reporting of lost or stolen firearms

SECTION 7.(a)  Article 53A of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑409.13.  Report of loss or theft of firearm.

(a)        Any owner of a firearm as defined in G.S. 14‑408.1(a) shall report the loss or theft of the firearm within 48 hours after the discovery of the loss or theft to either (i) the local law enforcement agency having jurisdiction over the location where the loss or theft of the firearm occurred or (ii) the State Bureau of Investigation.

(b)        A violation of this section is a Class 3 misdemeanor; however, a second or subsequent violation of this section is a Class I felony.

SECTION 7.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part viii. REQUIRE ANY PERSON WHO OWNS A FIREARM TO CARRY FIREARM LIABILITY INSURANCE

SECTION 8.(a)  G.S. 14‑404(a) is amended by adding a new subdivision to read:

(1a)    Verified, before the issuance of a permit, that the person has firearm liability insurance pursuant to G.S. 14‑409.44A.

SECTION 8.(b)  Article 53B of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑409.44A.  Liability insurance required for gun owners.

(a)        Any person in this State who intends to own a firearm shall, prior to the ownership of the firearm, obtain, and during ownership continuously maintain, a policy of liability insurance in an amount not less than one hundred thousand dollars ($100,000) specifically covering any damages resulting from any negligent or willful acts involving the use of the firearm while it is owned by the person. No firearm shall be transferred in this State unless the transferee at the time of the transfer provides proof that the transferee has complied with the provisions of this section.

(b)        For purposes of this section, a person is deemed to own a firearm if the firearm is lost or stolen until the loss or theft is reported pursuant to G.S. 14‑409.13.

(c)        Any person who owns a firearm on December 1, 2025, shall obtain the insurance required by this section by January 15, 2026.

(d)       This section does not apply to any law enforcement officer authorized to carry a firearm.

(e)        The Department of Insurance shall adopt rules to implement this section.

SECTION 8.(c)  Subsection (a) of this section is effective when it becomes law and applies to permit applications received on or after that date.

part ix. LIMIT THE SIZE OF AMMUNITION MAGAZINES

SECTION 9.(a)  Chapter 14 of the General Statutes is amended by adding a new Article to read:

Article 53D.

Regulation of Large‑Capacity Ammunition Magazines.

§ 14‑409.60.  Definition.

For purposes of this Article, the term large‑capacity magazine includes all of the following: (i) a fixed or detachable magazine box, drum, feed strip, or similar device capable of accepting, or that is designed to be readily converted to accept, more than 15 rounds of ammunition; (ii) a fixed or detachable magazine that is capable of accepting more than eight shotgun shells; and (iii) a detachable magazine, tube, box, drum, feed strip, or similar device that is capable of accepting more than eight shotgun shells when combined with a fixed magazine. The term does not include any of the following: (i) a feeding device that has been permanently altered so that it cannot accommodate more than 15 rounds of ammunition; (ii) an attached tubular device designed to accept and capable of operating only with .22 caliber rimfire ammunition; or (iii) a tubular magazine that is contained in a lever‑action firearm.

§ 14‑409.61.  Large‑capacity magazines prohibited; penalties; exceptions.

(a)        It is unlawful for a person to sell, transfer, or possess a large‑capacity magazine. A violation of this subsection is a Class 2 misdemeanor; provided, however, that a second or subsequent violation of this subsection is a Class 1 misdemeanor.

(b)        Any person who violates subsection (a) of this section commits a Class I felony under this section if the person possessed a large‑capacity magazine during the commission of a felony.

(c)        A person may possess a large‑capacity magazine if the person:

(1)        Owns the large‑capacity magazine on December 1, 2025; and

(2)        Maintains continuous possession of the large‑capacity magazine.

(d)       If a person who is alleged to have violated subsection (a) of this section asserts that the person is permitted to legally possess a large‑capacity magazine pursuant to subsection (c) of this section, the prosecution has the burden of proof to refute the assertion.

(e)        The offense described in subsection (a) of this section shall not apply to any of the following:

(1)        An entity, or any employee thereof engaged in the employee's employment duties, that manufactures large‑capacity magazines within North Carolina exclusively for transfer or any federally licensed gun dealer, or any employee thereof engaged in his or her official employment duties, that sells large‑capacity magazines exclusively to any of the following:

a.         A branch of the Armed Forces of the United States.

b.         A department, agency, or political subdivision of the State of North Carolina, any other state, or of the United States government.

c.         A firearms retailer for the purpose of firearms sales conducted outside the State.

d.         A foreign national government that has been approved for such transfers by the United States government.

e.         An out‑of‑state transferee who may legally possess a large‑capacity magazine.

(2)        An employee of any of the following agencies who bears a firearm in the course of the employee's official duties:

a.         A branch of the Armed Forces of the United States.

b.         A department, agency, or political subdivision of the State of North Carolina, any other state, or of the United States government.

(3)        A person who possesses the magazine for the sole purpose of transporting the magazine to an out‑of‑state entity on behalf of a manufacturer of large‑capacity magazines within North Carolina.

§ 14‑409.62.  Identification markings for large‑capacity magazines; rules.

(a)        A large‑capacity magazine that is manufactured in North Carolina on or after December 1, 2025, must include a permanent stamp or marking indicating that the large‑capacity magazine was manufactured or assembled after that date. The stamp or marking must be legibly and conspicuously engraved or cast upon the outer surface of the large‑capacity magazine.

(b)        The SBI may adopt rules to implement the provisions of this section, including rules requiring a large‑capacity magazine that is manufactured in this State on or after December 1, 2025, to bear identifying information in addition to the identifying information described in subsection (a) of this section.

(c)        A person who manufactures a large‑capacity magazine in North Carolina in violation of subsection (a) of this section commits a Class 2 misdemeanor.

SECTION 9.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part x. repeal preemption of local firearm regulations

SECTION 10.  G.S. 14‑409.40 is repealed.

part xi. allow destruction of seized firearms

SECTION 11.(a)  G.S. 15‑11.1(b1)(3) reads as rewritten:

(3)      By ordering the firearm turned over to be destroyed by the sheriff of the county in which the firearm was seized or by his duly authorized agent if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. agent. The sheriff shall maintain a record of the destruction of the firearm.

SECTION 11.(b)  G.S. 15‑11.2(d)(1) reads as rewritten:

(1)      By having the firearm destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection. destroyed. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm.

SECTION 11.(c)  G.S. 14‑269.1(4) reads as rewritten:

(4)      By ordering such weapon any firearm turned over to the sheriff of the county in which the trial is held or his duly authorized agent to be destroyed if the firearm does not have a legible, unique identification number or is unsafe for use because of wear, damage, age, or modification. destroyed. The sheriff shall maintain a record of the destruction thereof.

part xii. REQUIRE THE DEPARTMENT OF PUBLIC SAFETY TO DEVELOP A ROSTER OF HANDGUNS THAT MEET CERTAIN DESIGN AND SAFETY STANDARDS AND PROHIBIT THE SALE, TRANSFER, OWNERSHIP, OR POSSESSION OF HANDGUNS THAT ARE NOT INCLUDED ON THE ROSTER

SECTION 12.(a)  Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑406.2.  Prohibition on sale, transfer, ownership, or possession of unsafe handgun.

(a)        Findings. – The General Assembly finds all of the following:

(1)        There is a lack of design and safety standards imposed on pistols under federal and State law.

(2)        A lack of design and safety standards results in the sale of poorly constructed pistols, which can lead to unintentional shootings and other harms.

(3)        Multiple states have utilized the following design and safety tests performed by independent handgun testing laboratories to develop rosters of handguns that satisfy the tests and are approved for sale within the state's jurisdiction:

a.         Firing tests.

b.         Drop tests.

c.         Melting point tests.

(4)        It is in the public interest to ensure, in a timely manner, that handguns that do not meet design and safety standards are not sold, transferred, owned, or possessed in this State.

(5)        The most efficient and expeditious method for ensuring unsafe handguns are not sold in this State is to develop a roster of approved handguns for sale in this State that is based off the rosters developed in other states.

(b)        Definitions. – The following definitions apply in this section:

(1)        Antique firearm. – As defined in G.S. 14‑409.11.

(2)        California Roster of Handguns Certified for Sale. – A roster compiled by the Department of Justice for the State of California pursuant to California Penal Code § 12131 that lists all of the pistols, revolvers, and other firearms that have been tested by a certified testing laboratory and determined not to be unsafe.

(3)        Dealer. – As defined in G.S. 14‑409.39.

(4)        Department. – The Department of Public Safety.

(5)        Handgun. – As defined in G.S. 14‑269.7.

(c)        Development; Prohibition. – The Department shall develop a roster of handguns determined not to be unsafe based off the California Roster of Handguns Certified for Sale. Except as provided in subsections (d) and (e) of this section, it is unlawful for any person, firm, or corporation to (i) manufacture, sell, give, loan, import, or otherwise transfer a handgun that is not listed on the roster as of January 1 of the calendar year in which the handgun is to be sold, given, loaned, imported, or otherwise transferred or (ii) own or possess a handgun that is not listed on the roster as of January 1 of the applicable calendar year, unless the person, firm, or corporation lawfully owned or possessed the handgun prior to that date.

(d)       Disposition. – A person who is the lawful owner of a handgun that is not listed on the roster developed under subsection (c) of this section as of January 1 of the applicable calendar year may only sell or otherwise transfer the handgun to a dealer or the sheriff of the county in which the person resides. The sheriff may destroy the handgun or dispose of the handgun in accordance with subdivision (4b), (5), or (6) of G.S. 14‑269.1. A dealer who retains in the dealer's inventory, or who otherwise lawfully acquires, a handgun not listed on the roster as of January 1 of the applicable calendar year may sell or otherwise transfer the handgun only to another dealer. A person may not transfer a handgun not listed on the roster as of January 1 of the applicable calendar year by devise or bequest.

(e)        Exemptions. – This section does not apply to any of the following:

(1)        An antique firearm.

(2)        A handgun defined as curios or relics, as those terms are defined in section 478.11 of Title 27 of the Code of Federal Regulations.

(3)        A handgun that is designed expressly for use in Olympic target shooting events.

(4)        A handgun used solely as a prop during the course of a motion picture, television, or video production by an authorized participant in the course of making that production or event or by an authorized employee or agent of the entity producing that production or event.

(5)        The temporary transfer of a lawfully owned handgun for the purposes of cleaning, repairing, or servicing the handgun by a dealer.

(6)        The possession of a handgun by a nonresident of the State while temporarily traveling through the State.

(7)        A handgun exempted by the Department in accordance with subsection (g) of this section.

(f)        Testing. – The Department may test, or contract with an independent handgun testing laboratory to test, handguns (i) that the Department believes should be added to the roster required under subsection (c) of this section or (ii) that the Department believes, based on credible information received by the Department from at least two credible sources, should be removed from the roster required under subsection (c) of this section. The Department may only utilize one of the tests described in subdivision (3) of subsection (a) of this section when testing handguns under this subsection. The Department may utilize the authority granted under subsection (g) of this section to add or remove handguns under this subsection from the roster required under subsection (c) of this section.

(g)        Annual Update. – By January 1, the Department shall annually review the California Roster of Handguns Certified for Sale and update, by rule, the roster required under subsection (c) of this section and any exemptions authorized under subdivision (7) of subsection (e) of this section of approved pistols developed by other states and update the roster developed in accordance with this subsection accordingly. The Department may also utilize the rulemaking authority granted under this subsection to update the roster required under subsection (c) of this section with any handguns tested under subsection (f) of this section and approved by the Department for sale in this State.

(h)        Dissemination. – At least 30 days prior to the date a roster developed and updated in accordance with this section is to take effect, the Department shall publish the roster and any updates on its website.

(i)         Penalty. – Any person violating the provisions of subsections (c) and (d) of this section is guilty of a Class 3 misdemeanor.

SECTION 12.(b)  The initial roster developed under G.S. 14‑406.2(c), as enacted by subsection (a) of this section, shall be based on the California Roster of Handguns Certified for Sale as of January 1, 2026.

SECTION 12.(c)  By January 15, 2026, the Department of Public Safety shall (i) submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety detailing the development of the roster required under G.S. 14‑406.2(c), as enacted by subsection (a) of this section, and the types of handguns that are included on the roster and (ii) publish the roster on its website in accordance with G.S. 14‑406.2(c).

SECTION 12.(d)  This section becomes effective January 1, 2026.

part xiii. repeal stand your ground laws and codify common law regarding use of force against an intruder

SECTION 13.(a)  The following statutes are repealed: G.S. 14‑51.2, 14‑51.3, and 14‑51.4.

SECTION 13.(b)  Article 14 of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑51.5.  Use of deadly physical force against an intruder.

(a)        A lawful occupant within a home or other place of residence is justified in using any degree of force that the occupant reasonably believes is necessary, including deadly force, against an intruder to prevent a forcible entry into the home or residence or to terminate the intruder's unlawful entry (i) if the occupant reasonably apprehends that the intruder may kill or inflict serious bodily harm to the occupant or others in the home or residence or (ii) if the occupant reasonably believes that the intruder intends to commit a felony in the home or residence.

(b)        A lawful occupant within a home or other place of residence does not have a duty to retreat from an intruder in the circumstances described in this section.

(c)        This section is not intended to repeal, expand, or limit any other defense that may exist under the common law.

part xiv. prohibit leaving a firearm in an unattended motor vehicle unless firearm is safely stored

SECTION 14.(a)  Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑269.9.  Firearms in unattended motor vehicles.

(a)        Definition. – For purposes of this section, the term firearm is as defined in G.S. 14‑408.1.

(b)        Prohibition. – It is unlawful to leave a firearm in an unattended motor vehicle unless the vehicle is locked and the firearm is either (i) secured with a trigger lock or other safety device designed to prevent an unauthorized user from operating the firearm or (ii) in a locked container.

(c)        Penalty. – Any person who violates subsection (b) of this section is guilty of a Class 2 misdemeanor.

SECTION 14.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part XV. prohibit the sale or possession of ghost guns

SECTION 15.(a)  Article 52A of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑409B.  Ghost guns prohibited.

(a)        Definition. – For purposes of this section, the term ghost gun means a firearm, including a frame or receiver, that lacks a unique serial number engraved or cased in metal alloy on the frame or receiver by a licensed manufacturer, maker, or importer under federal law or markings in accordance with 27 C.F.R. § 479.102. This term does not include a firearm that has been rendered permanently inoperable or a firearm that is not required to have a serial number in accordance with the federal Gun Control Act of 1968.

(b)        Prohibition. – It shall be unlawful for any person, firm, or corporation to manufacture, sell, give away, transfer, use, or possess a ghost gun.

(c)        Punishment. – Any person violating this section is guilty of a Class I felony.

SECTION 15.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part xvi. prohibit possession of semiautomatic firearms by persons under 18 years of age

SECTION 16.(a)  Article 35 of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑269.7A.  Prohibition on semiautomatic firearms for persons under 18 years of age.

(a)        Definition. – For purposes of this section, the term semiautomatic firearm means a selective‑fire firearm capable of semiautomatic or burst fire at the option of the user. This term does not include a firearm prohibited under G.S. 14‑409 or federal law.

(b)        Prohibition. – It is unlawful for a person under 18 years of age to willfully and intentionally possess or carry a semiautomatic firearm.

(c)        Punishment. – Any person violating this section is guilty of a Class 1 misdemeanor.

(d)       Exception. – This section does not apply to officers and enlisted personnel of the Armed Forces of the United States when in discharge of their official duties or acting under orders requiring them to carry a semiautomatic firearm.

SECTION 16.(b)  This section becomes effective December 1, 2025, and applies to offenses committed on or after that date.

part xvii. REQUIRE THE SHERIFF UPON DENIAL, REVOCATION, OR REFUSAL TO RENEW A CONCEALED HANDGUN PERMIT OR PISTOL PERMIT TO TRANSMIT THE PROHIBITION RECORD TO THE NATIONAL INSTANT CRIMINAL BACKGROUND CHECK SYSTEM

SECTION 17.(a)  G.S. 14‑404, as reenacted in subsection (c) of Section 2 of this act, is amended by adding a new subsection to read:

(b2)    If the sheriff denies a person's application for a permit under this Article, and the ground for the denial is a prohibition under the National Instant Criminal Background Check System (NICS), the sheriff shall transmit the prohibiting record to NICS not later than 48 hours after notifying the applicant of the denial, excluding Saturdays, Sundays, and holidays.

SECTION 17.(b)  Article 54B of Chapter 14 of the General Statutes is amended by adding a new section to read:

§ 14‑415.18A.  Sheriff to report denial, revocation, or refusal to renew permit to NICS.

If the sheriff denies, revokes, or refuses to renew a person's application for a permit under this Article, and the ground for the denial is a prohibition under the National Instant Criminal Background Check System (NICS), the sheriff shall transmit the prohibiting record to NICS not later than 48 hours after notifying the applicant of the denial, revocation, or refusal to renew the permit, excluding Saturdays, Sundays, and holidays.

part xviii. DIRECT THE STATE TREASURER TO DIVEST THE PENSION FUND OF GUN STOCKS

SECTION 18.  Chapter 147 of the General Statutes is amended by adding a new Article to read:

Article 9.

Firearms Manufacturer Divestment Act.

§ 147‑95.  Definitions.

As used in this Article, the following definitions apply:

(1)        Company. – Any sole proprietorship, organization, association, corporation, partnership, joint venture, limited partnership, limited liability partnership, limited liability company, or other entity or business association, including all wholly owned subsidiaries, majority‑owned subsidiaries, parent companies, or affiliates of such entities or business associations, that exists for profit‑making purposes.

(2)        Direct holdings. – All securities of a company that is a firearms manufacturer held directly by the Public Fund or in an account or fund in which the Public Fund owns all shares or interests.

(3)        Firearm. – Defined in G.S. 14‑409.39(2), as well as weapons of mass death and destruction described in G.S. 14‑288.8(c).

(4)        Firearms manufacturer. – A company that develops, designs, creates, fabricates, assembles, or reassembles firearms or ammunition.

(5)        Indirect holdings. – All securities of a company that is a firearms manufacturer held in an account or fund, such as a mutual fund, managed by one or more persons not employed by the Public Fund, in which the Public Fund owns shares or interests together with other investors not subject to the provisions of this Article.

(6)        Public Fund. – Any funds held by the State Treasurer to the credit of:

a.         The Teachers' and State Employees' Retirement System.

b.         The Consolidated Judicial Retirement System.

c.         The Firemen's and Rescue Workers' Pension Fund.

d.         The Local Governmental Employees' Retirement System.

e.         The Legislative Retirement System.

f.          The Legislative Retirement Fund.

g.         The North Carolina National Guard Pension Fund.

§ 147‑96.  Identification of firearms manufacturers.

(a)        Within 90 days of September 1, 2025, the Public Fund shall make its best efforts to identify all firearms manufacturers in which the Public Fund has direct or indirect holdings or could possibly have such holdings in the future. Such efforts shall include, as appropriate:

(1)        Reviewing and relying, as appropriate in the Public Fund's judgment, on publicly available information regarding firearms manufacturers, including information provided by nonprofit organizations, research firms, international organizations, and government entities.

(2)        Contacting asset managers contracted by the Public Fund that invest in firearms manufacturers.

(3)        Contacting other institutional investors that have divested from firearms manufacturers.

(b)        By the first meeting of the Public Fund following the 90‑day period described in subsection (a) of this section, the Public Fund shall assemble a list of all firearms manufacturers in which the Public Fund holds direct or indirect investments.

§ 147‑97.  Required actions.

(a)        Subject to all applicable laws related to prudent investment, the State Treasurer shall promptly divest all direct and indirect holdings in firearms manufacturers held by the Public Fund.

(b)        At no time shall the Public Fund acquire direct or indirect holdings in firearms manufacturers.

part xix. allow issuance of extreme risk protection orders

SECTION 19.(a)  The General Statutes are amended by adding a new Chapter to read:

Chapter 50E.

Extreme Risk Protection Orders.

§ 50E‑1.  Title of Chapter.

This Chapter may be cited as the Extreme Risk Protection Orders Act.

§ 50E‑2.  Purpose.

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 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.

§ 50E‑3.  Definitions.

The following definitions apply in this Chapter:

(1)        Extreme Risk Protection Order or ERPO. – An order granted under this Chapter, which includes a remedy authorized under G.S. 50E‑6.

(2)        Family or household member. – Any of the following:

a.         A person related by blood, marriage, or adoption to the respondent.

b.         A person who is in a dating relationship, or has been in a dating relationship, with the respondent. For purposes of this sub‑subdivision, a dating relationship is one wherein the parties are romantically involved over time and on a continuous basis during the course of the relationship, but is not any of the following:

1.         A casual acquaintance.

2.         Ordinary fraternization between persons in a business or social context.

3.         A dating relationship that ended more than one year before the date the petitioner filed a petition for an ERPO under this Chapter.

c.         A person who has a child in common with the respondent, regardless of whether the person has been married to the respondent or has lived together with the respondent at any time.

d.         A domestic partner of the respondent.

e.         A person who has a biological or legal parent‑child relationship with the respondent, including stepparents, stepchildren, grandparents, and grandchildren.

f.          A person who is acting or has acted as the respondent's legal guardian.

(3)        Firearm. – Any weapon, including a starter gun, which will or is designed to or may readily be converted to expel a projectile by the action of an explosive, or its frame or receiver.

§ 50E‑4.  Commencement of action.

(a)        Petition. – Any of the following may file a verified petition in district court for an ERPO:

(1)        A family or household member.

(2)        A current or former spouse or dating partner.

(3)        A law enforcement officer or agency.

(4)        A health care provider.

(b)        Venue. – A petition for an ERPO is governed by G.S. 1‑82.

(c)        Required Information in Petition. – A petition for an ERPO under this Chapter shall include all of the following:

(1)        An allegation that the respondent poses a danger of physical harm to self or others by having in his or her care, custody, possession, ownership, or control a firearm. If the petitioner is seeking an ex parte ERPO, the petition shall include an allegation that the respondent poses an imminent danger of physical harm to self or others by having in his or her care, custody, possession, ownership, or control a firearm. The allegation required under this subdivision shall include facts to support the allegation.

(2)        An identification, to the best of the petitioner's knowledge, of the number, types, and locations of firearms under the respondent's custody or control.

(3)        An identification of any existing protection order under State law governing the respondent.

(4)        An identification of any pending lawsuits, complaints, petitions, or other actions between the petitioner and the respondent.

(d)       Verification of Terms of Existing Orders. – The clerk of court shall verify the terms of any existing protection orders governing the petitioner and respondent. The court shall not delay or deny granting relief because of the existence of a pending action between the petitioner and respondent or the necessity of verifying the terms of an existing protection order.

(e)        Nondisclosure of Address. – A petitioner with a current and valid Address Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of the General Statutes may use the substitute address designated by the Address Confidentiality Program when filing with the court any document required under this Chapter. If a petitioner does not have a current and valid Address Confidentiality Program authorization card, but submits to the court a copy of a protective order without attachments, if any, issued to the petitioner under G.S. 50B‑3 or a lawful order of any court of competent jurisdiction restricting the access or contact of one or more persons with the petitioner, accompanied by a signed statement that the petitioner has good reason to believe that the physical safety of the petitioner or a member of the petitioner's family residing with the petitioner would be jeopardized if the petitioner's address were open to public inspection, that petitioner's address shall be kept confidential.

(f)        Court Costs. – No court costs shall be assessed for the filing or service of the petition, or the service of any ERPOs.

(g)        Electronic Filing. – All documents filed, issued, registered, or served in an action under this Chapter relating to an ERPO may be filed electronically.

(h)        Report. – Beginning December 1, 2025, and occurring annually thereafter, the Administrative Office of the Courts shall submit a report to the Joint Legislative Oversight Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the following information:

(1)        The number of petitions filed under this Chapter during the prior calendar year.

(2)        The number of ex parte ERPOs issued during the prior calendar year.

(3)        The number of ex parte ERPOs the courts declined to issue during the prior calendar year and justification for why each was declined.

(4)        The number of final ERPOs issued during the prior calendar year.

(5)        The number of final ERPOs the courts declined to issue during the prior calendar year and justification for why each was declined.

§ 50E‑5.  Process.

(a)        Summons Required. – Except as otherwise provided in G.S. 50E‑8, a petition for an ERPO requires that a summons be issued and served not later than five days prior to the date set for the final ERPO hearing. Attachments to the summons shall include the petition for any ERPO, any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a description of what an ERPO is.

(b)        Service of the Summons and Attachments. – The clerk of court shall effect service of the summons and any attachments through the appropriate law enforcement agency where the respondent is to be served.

§ 50E‑6.  ERPO requirements; remedy; mental health or chemical dependency evaluation.

(a)        Required Information in ERPO. – An ERPO issued under this Chapter shall include all of the following:

(1)        A statement of the grounds supporting issuance of the ERPO.

(2)        The date and time the ERPO was issued.

(3)        The date and time the ERPO expires.

(4)        Whether a mental health evaluation or chemical dependency evaluation of the respondent is required.

(5)        The address of the court in which any responsive pleading may be filed.

(6)        A description of the requirements for relinquishment and retrieval of any firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, ownership, or control of the respondent.

(7)        A description of the process for seeking termination of the ERPO.

(8)        A statement that a violation of the ERPO is punishable as a Class A1 misdemeanor.

(b)        Remedy Granted. – Upon issuance of an ERPO, including an ex parte ERPO, the court shall order the respondent to surrender to the sheriff all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the respondent.

(c)        Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance of an ERPO, the court shall consider whether a mental health evaluation or chemical dependency evaluation of the respondent is appropriate and may order the respondent to undergo evaluation if appropriate.

§ 50E‑7.  Hearing and issuance of a final Extreme Risk Protection Order.

(a)        Hearing. – A court shall hold a hearing on a petition for a final ERPO no later than 10 days from either of the following dates:

(1)        If an ex parte ERPO has been issued, the date the ex parte ERPO was issued.

(2)        If subdivision (1) of this subsection does not apply, the date the petition for a final ERPO was served on the respondent.

A continuance shall be limited to one extension of no more than 10 days unless all parties consent or good cause is shown.

(b)        Order. – A court may issue a final ERPO if all of the following requirements are met:

(1)        The court finds by clear and convincing evidence that the respondent poses a danger of causing physical harm to self or others by having in his or her custody a firearm. In determining whether the requirement set forth in this subdivision is met, the court may consider any relevant evidence, including, but not limited to, any of the following:

a.         A recent act or threat of violence, or a pattern of acts or threats of violence within the 12 months preceding the petition, by the respondent against himself, herself, or others, whether or not the violence or threat of violence involves a firearm or other weapon.

b.         Evidence of the respondent being seriously mentally ill or having recurring mental health issues.

c.         A violation by the respondent of an order issued under Chapter 50B, 50C, or 50D of the General Statutes.

d.         A previous or existing ERPO issued against the respondent, including whether the respondent committed a violation of the previous or existing ERPO.

e.         Whether the respondent, in this State or any other state, has been convicted of or had adjudication withheld on a crime that constitutes domestic violence as defined in G.S. 50B‑1 or a crime involving violence or a threat of violence.

f.          The unlawful or reckless use, display, or brandishing of a firearm by the respondent.

g.         The recurring use of, or threat to use, physical force by the respondent against another person or the respondent stalking another person.

h.         Evidence of the abuse of controlled substances or alcohol by the respondent.

i.          Evidence of recent acquisition of firearms or ammunition by the respondent.

j.          Witness testimony, taken while the witness is under oath, relating to the matter before the court.

(2)        Process was served on the respondent in accordance with the requirements of this Chapter.

(3)        Notice of hearing was given to the respondent in accordance with the requirements of this Chapter.

§ 50E‑8.  Hearing and issuance of an ex parte Extreme Risk Protection Order.

(a)        Hearing. – Upon receipt of a petition for an ex parte ERPO, the court shall hold a hearing in person on the day the petition is filed or the day immediately following the day the petition is filed.

(b)        Order. – If the court finds that there is clear and convincing evidence that the respondent poses an imminent danger of causing physical harm 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 final ERPO and without evidence of service of process or notice.

(c)        Requirements. – An ex parte ERPO granted without notice shall meet all of the following requirements:

(1)        The ERPO shall be endorsed with the date and hour of issuance.

(2)        The ERPO shall be filed immediately in the clerk's office and entered of record.

(3)        The ERPO shall include a statement detailing why the ERPO was granted without notice.

(4)        The ERPO shall include the applicable information required under G.S. 50E‑6(a).

(5)        The ERPO shall expire by its terms within a specified amount of time after entry, not to exceed the limits set forth in G.S. 50E‑10(a).

(d)       Court Out of Session. – When the court is not in session, the petitioner may file for an ex parte ERPO before any judge or magistrate designated by the chief district court judge to grant relief under this Chapter. If the judge or magistrate finds that the requirements of this section have been met, the judge or magistrate may issue an ex parte ERPO. The chief district court judge may designate for each county at least one judge or magistrate to be reasonably available to issue ex parte ERPOs when the court is not in session.

(e)        Video Conference. – Hearings held to consider ex parte relief pursuant to subsection (a) of this section may be held via video conference.

§ 50E‑9.  Surrender, retrieval, and disposal of firearms.

(a)        Surrender of Firearms. – Upon service of an ERPO, the respondent shall immediately surrender to the sheriff possession of all firearms, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the respondent. In the event that weapons cannot be surrendered at the time the ERPO is served, the respondent shall surrender the firearms, ammunitions, and permits to the sheriff within 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the firearms or contract with a licensed firearms dealer to provide storage.

(b)        Failure to Surrender. – Upon the sworn statement of the petitioner or the sheriff alleging that the respondent has failed to comply with the surrender of firearms required under subsection (a) of this section, the court shall determine whether probable cause exists to believe that the respondent has failed to surrender all firearms in his or her care, custody, possession, ownership, or control. If probable cause exists, the court shall issue a warrant describing the firearms and authorizing (i) a search of the locations where the firearms are reasonably believed to be and (ii) seizure of any firearms discovered pursuant to the search.

(c)        Receipt. – At the time of surrender or seizure, the sheriff taking possession of a firearm shall issue a receipt identifying all firearms that have been surrendered or seized and shall provide a copy of the receipt to the respondent. Within 48 hours after issuing the receipt, the officer shall file the original receipt with the court and shall also retain a copy for the sheriff's records.

(d)       Fee. – The sheriff may charge the respondent a reasonable fee for the storage of any firearms and ammunition taken pursuant to an ERPO. The fees are payable to the sheriff. The sheriff shall transmit the proceeds of these fees to the county finance officer. The fees shall be used by the sheriff to pay the costs of administering this section. The county shall expend the restricted funds for these purposes only. The sheriff shall not release firearms, ammunition, or permits without a court order granting the release. The respondent shall remit all fees owed prior to the authorized return of any firearms, ammunition, or permits. The sheriff shall not incur any civil or criminal liability for alleged damage or deterioration due to storage or transportation of any firearms or ammunition held pursuant to this section.

(e)        Retrieval. – If the court does not enter a final ERPO when the ex parte ERPO expires, the respondent may retrieve any firearms, ammunition, or permits 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.

(f)        Motion for Return. – The respondent may request the return of any firearms, ammunition, or permits surrendered by filing a motion with the court after the expiration or termination of the ERPO. 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 by the respondent shall be returned within 30 days of the date the motion was received by the court. If the court does not enter a final ERPO when the ex parte ERPO expires, and the court orders the return of the items to the respondent, the respondent is not required to pay any fees imposed under subsection (d) of this section and the sheriff shall promptly refund to the respondent any fees already paid pursuant to subsection (d) of this section for the storage of any items taken pursuant to the ex parte ERPO.

(g)        Motion for Return by Third Party. – A third‑party owner of firearms or ammunition who is otherwise eligible to possess the items may file a motion requesting the return to the third party of any of the items in the possession of the sheriff surrendered or seized as a result of the entry of an ERPO. The third‑party owner shall also provide proof of ownership of the firearms or ammunition. Upon receipt of the third party's motion, the court shall schedule a hearing and provide written notice to all parties and the sheriff. The court shall order return of the items to the third party unless the third‑party owner fails to provide proof of ownership or certification as required under this subsection, or the court determines that the third party is disqualified from owning or possessing the items pursuant to State or federal law. If the court orders the return of the items to the third party, the third party is not required to pay any fees imposed under subsection (d) of this section. If the court denies the return of the items to the third party, the items shall be disposed of by the sheriff as provided in subsection (h) of this section.

(h)        Disposal of Firearms. – 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, 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. The judge, after a hearing, may order the sheriff in possession, or the sheriff's duly authorized agent, to destroy the firearms, ammunition, and permits, or to dispose of the firearms, ammunition, and permits in one or more of the ways authorized by law, including subdivision (4b), (5), or (6) of G.S. 14‑269.1. The sheriff shall maintain a record of any firearms, ammunition, and permits destroyed in accordance with this subsection. If a sale by the sheriff does occur, any proceeds from the sale after deducting any costs associated with the storage and sale, in accordance with all applicable State and federal law, shall be provided to the respondent if ordered by the judge.

§ 50E‑10.  Duration; renewal of ERPOs.

(a)        Duration of Ex Parte ERPO. – Except as otherwise provided in this subsection, an ex parte ERPO shall be effective until the date a hearing is held under G.S. 50E‑7. If a hearing is not held or a continuance was not granted, an ex parte ERPO shall be effective for not more than 10 days from the date the ex parte ERPO was issued.

(b)        Duration of Final ERPO. – A final ERPO shall be effective for a fixed period of time not to exceed one year.

(c)        Renewal. – Any ERPO may be renewed one or more times, as required, provided that the requirements of G.S. 50E‑7 or G.S. 50E‑8, as appropriate, are satisfied. The court may 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. Upon a motion for a renewal, the court shall hold a hearing no later than 10 days after the date the motion is served on the respondent. The court may renew an ex parte or final ERPO if the court finds by clear and convincing evidence that there has been no material change in relevant circumstances since entry of the respective ERPO. The commission of an act of unlawful conduct by the respondent after entry of the current ERPO is not required for an ERPO to be renewed. If the motion for renewal is uncontested and the petitioner seeks no modification of the ERPO, the ERPO may be renewed if the petitioner's motion or affidavit states that there has been no material change in relevant circumstances since entry of the ERPO and states the reason for the requested renewal.

(d)       Expiration Date. – An ERPO expiring on a day 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. 1A‑1.

§ 50E‑11.  Termination of an Extreme Risk Protection Order.

(a)        Motion. – The respondent may request the termination of a final ERPO by filing a motion with the court. The respondent may submit no more than one motion for termination for every 12‑month period the final ERPO is in effect, starting from the date of the final ERPO and continuing through any renewals.

(b)        Hearing. – Upon receipt of a request for a hearing to terminate a final ERPO, the court shall set a date for a hearing. Notice of the request for a hearing shall be served on the petitioner in accordance with Rule 5 of the Rules of Civil Procedure. The court shall set the date for the hearing no sooner than 10 days and no later than 30 days from the date of service of the request upon the petitioner.

(c)        Burden of Proof; Termination. – The respondent shall have the burden of proving, by a preponderance of the evidence, that the respondent does not pose a danger of causing physical harm to self or others by having in his or her care, custody, possession, ownership, or control a firearm. If the court finds after the hearing that the respondent has met his or her burden, the court shall terminate the final ERPO.

§ 50E‑12.  Notice.

(a)        Notice Law Enforcement; Entry into National Database. – The clerk of court shall deliver on the same day that an ERPO is issued a certified copy of that ERPO to the sheriff of the county in which the ERPO is issued. Any order extending, modifying, or revoking an ERPO shall be promptly delivered to the sheriff by the clerk and served in a manner provided for service of process. The sheriff shall promptly enter the ERPO into the National Crime Information Center registry and shall provide for access of such orders to the courts on a continuous basis. Modifications, terminations, renewals, and dismissals of the ERPO shall also be promptly entered. A copy of the ERPO shall be issued promptly to and retained by the police department of the municipality of the petitioner's residence. If the petitioner's residence is not located in a municipality or is in a municipality with no police department, copies shall be issued promptly to and retained by the sheriff of the county in which the petitioner's residence is located.

(b)        Notice to Respondent. – If the respondent was not present in court when the ERPO was issued, the respondent may be served in the manner provided for service of process in civil proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If the summons has not yet been served upon the respondent, it shall be served with the ERPO. Law enforcement agencies shall accept receipt of copies of the ERPO issued by the clerk of court by electronic transmission for service on respondents.

(c)        Notice to Third Parties. – If the petitioner for an ERPO is a law enforcement officer or agency, the officer or agency shall provide, or attempt to provide, notice of the petition to any known third party who may be at risk of unlawful conduct from the respondent.

§ 50E‑13.  Prohibition; violation.

(a)        Prohibition. – It is unlawful for any person to possess, purchase, or receive, or attempt to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed firearms, for so long as an ERPO entered against that person in accordance with this Chapter is in effect.

(b)        Violation. – A person who violates subsection (a) of this section or any other term of an ERPO is guilty of a Class A1 misdemeanor.

§ 50E‑14.  False statement regarding ERPO a misdemeanor.

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 1 misdemeanor.

§ 50E‑15.  Remedies not exclusive.

The remedies provided by this Chapter are not exclusive but are additional to other remedies provided under law.

§ 50E‑16.  Liability.

Except as provided in G.S. 50E‑13 or G.S. 50E‑14, this Chapter shall not be interpreted to impose any criminal or civil liability on any person or entity for acts or omissions related to obtaining an ERPO, including reporting, declining to report, investigating, declining to investigate, filing, or declining to file a petition under this Chapter.

SECTION 19.(b)  Chapter 15C of the General Statutes reads as rewritten:

Chapter 15C.

Address Confidentiality Program.

§ 15C‑1.  Purpose.

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 Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or human trafficking; to enable interagency cooperation in providing address confidentiality for victims a petitioner for an Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or human trafficking; and to enable the State and its agencies to accept a program participant's use of an address designated by the Office of the Attorney General as a substitute address.

§ 15C‑2.  Definitions.

The following definitions apply in this Chapter:

…

(2)        Address Confidentiality Program or Program. – A program in the Office of the Attorney General to protect the confidentiality of the address of an ERPO petitioner or a relocated victim of domestic violence, sexual offense, or stalking to prevent the petitioner's or victim's assailants or potential assailants from finding the petitioner or victim through public records.

…

(5a)      ERPO petitioner. – The person who petitions for an Extreme Risk Protection Order under Chapter 50E of the General Statutes.

…

§ 15C‑3.  Address Confidentiality Program.

The General Assembly establishes the Address Confidentiality Program in the Office of the Attorney General to protect the confidentiality of the address of an ERPO petitioner or a relocated victim of domestic violence, sexual offense, stalking, or human trafficking to prevent the petitioner's or victim's assailants or potential assailants from finding the petitioner or victim through public records. Under this Program, the Attorney General shall designate a substitute address for a program participant and act as the agent of the program participant for purposes of service of process and receiving and forwarding first‑class mail or certified or registered mail. The Attorney General shall not be required to forward any mail other than first‑class mail or certified or registered mail to the program participant. The Attorney 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.

§ 15C‑4.  Filing and certification of applications; authorization card.

(a)        An individual who wants to participate in the Address Confidentiality Program shall file an application with the Attorney General with the assistance of an application assistant. Any of the following individuals may apply to the Attorney General to have an address designated by the Attorney General to serve as the substitute address of the individual:

(1)        An adult individual.

(2)        A parent or guardian acting on behalf of a minor when the minor resides with the individual.

(3)        A guardian acting on behalf of an incapacitated individual.

(b)        The application shall be dated, signed, and verified by the applicant and shall be signed by the application assistant who assisted in the preparation of the application.

(c)        The application shall contain all of the following:

(1)        A statement by the applicant that the applicant is an ERPO petitioner or a victim of domestic violence, sexual offense, stalking, or human trafficking and that the applicant fears for the applicant's safety or the safety of the applicant's child.

(2)        Evidence Except for an applicant that is an ERPO petitioner, evidence that the applicant is 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 respondent in a petition filed under Chapter 50E of the General Statutes. This evidence may include any of the following:

a.         Law enforcement, court, or other federal or state agency records or files.

b.         Documentation from a domestic violence program if the applicant is alleged to be a victim of domestic violence.

c.         Documentation from a religious, medical, or other professional from whom the applicant has sought assistance in dealing with the alleged domestic violence, sexual offense, or stalking.

d.         Documentation submitted to support a victim of human trafficking's application for federal assistance or benefits under federal human trafficking laws.

…

(4)        A Except for an applicant that is an ERPO petitioner, a statement by the applicant that the applicant has or will confidentially relocate in North Carolina.

…

(7)        The address that the applicant requests not to be disclosed by the Attorney General that directly relates to the increased risk of domestic violence, sexual offense, or stalking.stalking, or other unlawful conduct.

….

SECTION 19.(c)  Development of Forms. – The Administrative Office of the Courts shall develop the appropriate forms to implement the processes provided under Chapter 50E of the General Statutes, as enacted by this section.

SECTION 19.(d)  G.S. 50B‑3.1(d) reads as rewritten:

(d)      Surrender. – Upon service of the order, the defendant shall immediately surrender to the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the care, custody, possession, ownership, or control of the defendant. 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 by the sheriff. If the defendant fails to surrender the firearms, ammunitions, and permits to the sheriff within 24 hours of service, the court shall order the sheriff to seize the firearms, ammunitions, and permits. The sheriff shall store the firearms or contract with a licensed firearms dealer to provide storage.

(1)        If the court orders the defendant to surrender firearms, ammunition, and permits, the court shall inform the plaintiff and the defendant of the terms of the protective order and include these terms on the face of the order, including that the defendant is prohibited from possessing, purchasing, or receiving or attempting to possess, purchase, or receive a firearm for so long as the protective order or any successive protective order is in effect. The terms of the order shall include instructions as to how the defendant may request retrieval of any firearms, ammunition, and permits surrendered to the sheriff when the protective order is no longer in effect. The terms shall also include notice of the penalty for violation of G.S. 14‑269.8.

(2)        The sheriff may charge the defendant a reasonable fee for the storage of any firearms and ammunition taken pursuant to a protective order. The fees are payable to the sheriff. The sheriff shall transmit the proceeds of these fees to the county finance officer. The fees shall be used by the sheriff to pay the costs of administering this section and for other law enforcement purposes. The county shall expend the restricted funds for these purposes only. The sheriff shall not release firearms, ammunition, or permits without a court order granting the release. The defendant must remit all fees owed prior to the authorized return of any firearms, ammunition, or permits. The sheriff shall not incur any civil or criminal liability for alleged damage or deterioration due to storage or transportation of any firearms or ammunition held pursuant to this section.

SECTION 19.(e)  Subsections (a) through (c) of this section become effective October 1, 2025. The remainder of this section is effective when it becomes law and applies to orders issued on or after that date.

part xx. severability clause/savings clause/effective date

SECTION 20.(a)  If any provision of this act or its application is held invalid, the invalidity does not affect other provisions or applications of this act that can be given effect without the invalid provisions or application and, to this end, the provisions of this act are severable.

SECTION 20.(b)  Prosecutions for offenses committed before the effective date of this act are not abated or affected by this act, and the statutes that would be applicable but for this act remain applicable to those prosecutions.

SECTION 20.(c)  Except as otherwise provided, this act is effective when it becomes law.