AN ACT to authorize the court to order the destruction of a firearm if the court determines it is in the best interest of public safety and to authorize a law enforcement agency to consign a seized or unclaimed firearm to a federally licensed firearm dealer for sale or to allow destruction of the firearm if it is unable to be sold.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 15‑11.1(b1) reads as rewritten:

(b1)    Notwithstanding subsections (a) and (b) of this section or any other provision of law, if the property seized is a firearm and the district attorney determines the firearm is no longer necessary or useful as evidence in a criminal trial, the district attorney, after notice to all parties known or believed by the district attorney to have an ownership or a possessory interest in the firearm, including the defendant, shall apply to the court for an order of disposition of the firearm. The judge, after hearing, may shall order the disposition of the firearm in one of the following ways:

…

(3)        By Except as otherwise provided in this subsection, 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 if any of the following are met:

a.         The firearm does not have a legible, unique identification number or number.

b.         The firearm is unsafe for use because of wear, damage, age, or modification.

c.         The court determines it is in the best interest of public safety that the firearm not be returned to the defendant or anyone with an ownership or possessory interest in the firearm.

The sheriff shall maintain a record of the destruction of the firearm. The authority to destroy a firearm set forth in this subdivision does not apply to an antique firearm, as that term is defined in G.S. 14‑409.11.

(4)        By ordering the firearm turned over to a law enforcement agency in the county of trial for (i) the for one of the following dispositions:

a.         The official use of the agency or (ii) agency.

b.         The sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws.

c.         If the firearm cannot be used, sold, traded, or exchanged pursuant to sub‑subdivision a. or b. of this subdivision, consign to a federally licensed firearm dealer for sale at a reserve of one hundred fifty dollars ($150.00) in accordance with all applicable State and federal firearm laws. If (i) the agency is unable to arrange consignment after a reasonable effort, (ii) the firearm is consigned with a federally licensed firearm dealer for six months without being sold, or (iii) the firearm is consigned to a federally licensed firearm dealer and the dealer determines before six months has passed that the dealer is unable to sell the firearm, the firearm may be destroyed. A federally licensed firearm dealer may retain a reasonable fee from the sale of a firearm on consignment pursuant to this sub‑subdivision.

The court may order a disposition of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, or the firearm is sold by consignment, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision.subdivision and shall specify which firearms have been destroyed. The authority to destroy a firearm set forth in this subdivision does not apply to an antique firearm, as that term is defined in G.S. 14‑409.11.

This subsection (b1) is not applicable to seizures pursuant to G.S. 113‑137 of firearms used only in connection with a violation of Article 22 of Chapter 113 of the General Statutes or any local wildlife hunting ordinance.

SECTION 2.  G.S. 15‑11.2(d) reads as rewritten:

(d)      Disposition of Unclaimed Firearm. – If the firearm remains unclaimed for a period of 30 days after the publication of the notice, then the head or chief of the law enforcement agency shall order the disposition of the firearm in one of the following ways:

(1)        By Except as otherwise provided in this subsection, 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. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm. The authority to destroy a firearm set forth in this subdivision does not apply to an antique firearm, as that term is defined in G.S. 14‑409.11.

(2)        By sale, one of the following methods:

a.         Sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws or by sale of the firearm at a public auction to persons licensed as firearms collectors, dealers, importers, or manufacturers.

b.         If the firearm cannot be used, sold, traded, or exchanged pursuant to sub‑subdivision a. of this subdivision, consign to a federally licensed firearm dealer for sale at a reserve of one hundred fifty dollars ($150.00) in accordance with all applicable State and federal firearm laws. If (i) the agency is unable to arrange consignment after a reasonable effort, (ii) the firearm is consigned with a federally licensed firearm dealer for six months without being sold, or (iii) the firearm is consigned to a federally licensed firearm dealer and the dealer determines before six months has passed that the dealer is unable to sell the firearm, the firearm may be destroyed. A federally licensed firearm dealer may retain a reasonable fee from the sale of a firearm on consignment pursuant to this sub‑subdivision.

The head or chief of the law enforcement agency shall dispose of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number.

(3)        By maintaining the firearm for training or experimental purposes or transferring the firearm to a museum or historical society.

SECTION 3.  This act becomes effective July 1, 2021, and applies to any firearm seized, found, or otherwise received by a law enforcement agency on or after that date.