AN ACT to authorize law enforcement agencies to destroy unclaimed firearms, firearms confiscated after conviction of certain offenses, and firearms purchased by or voluntarily surrendered to the law enforcement agency.

The General Assembly of North Carolina enacts:

SECTION 1.  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 2.  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. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm.

SECTION 3.  G.S. 14‑269.1(4) reads as rewritten:

(4)      By ordering such weapon 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.

SECTION 4.  Article 2 of Chapter 15 of the General Statutes is amended by adding a new section to read:

§ 15‑11.3.  Disposition of firearms received through firearm buy‑back program.

(a)        Definition. – For purposes of this section, the term firearm buy‑back program means a program in which firearms, ammunition, or firearms and ammunition are purchased or voluntarily surrendered for the purpose of destruction.

(b)        Requirements. – A law enforcement agency that participates in a firearm buy‑back program shall comply with all of the following requirements:

(1)        The serial number of each firearm that is purchased or surrendered to the program is checked against any local, State, and federal records of stolen firearms and, if it is found that the firearm is a stolen firearm, that the firearm is not destroyed without the written permission of the lawful owner thereof and that if the lawful owner of the firearm does not give written permission for the firearm to be destroyed, that the firearm is returned to its lawful owner.

(2)        If it is determined that a firearm that is purchased by or surrendered to the firearm buy‑back program is stolen, that the law enforcement agency makes an effort to arrest the thief or any person who possessed the firearm knowing it was stolen.

(3)        Prior to the destruction of any firearm that is purchased or surrendered, that a written determination is made as to whether the firearm may have been used in a crime, and that if it is determined that the firearm probably was used in a crime, that it is retained for evidence, and if it is determined that the firearm probably was not used in a crime, if the firearm is a rifled firearm, that a fired bullet and fired cartridge case is retained for possible use as evidence and that if the firearm is a smooth bore firearm, that a fired cartridge case is retained for possible use as evidence.

(c)        Return to Lawful Owner. – Prior to returning a stolen firearm to a lawful owner, the law enforcement agency shall determine whether or not the lawful owner is eligible to possess a firearm under federal law. If the lawful owner of the firearm is ineligible to possess a firearm under federal law, the law enforcement agency may destroy the firearm after compliance with subdivision (3) of subsection (b) of this section.

SECTION 5.  This act becomes effective July 1, 2023, and applies to any firearm found or received by a law enforcement agency on or after that date.