GENERAL ASSEMBLY OF NORTH CAROLINA
EXTRA SESSION 1994

CHAPTER 16
HOUSE BILL 10

AN ACT TO AMEND THE LAWS REGARDING THE CONFISCATION, FORFEITURE, AND DISPOSITION OF FIREARMS.

The General Assembly of North Carolina enacts:

Section 1.  G.S. 15-11.1 is amended by adding a new subsection to read:
"(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 order the disposition of the firearm in one of the following ways:
(1)	By ordering the firearm returned to its rightful owner, when the rightful owner is someone other than the defendant and upon findings by the court (i) that the person, firm, or corporation determined by the court to be the rightful owner is entitled to possession of the firearm and (ii) that the person, firm, or corporation determined by the court to be the rightful owner of the firearm was unlawfully deprived of the same or had no knowledge or reasonable belief of the defendant's intention to use the firearm unlawfully.
(2)	By ordering the firearm returned to the defendant, but only if the defendant is not convicted of any criminal offense in connection with the possession or use of the firearm, the defendant is the rightful owner of the firearm, and the defendant is not otherwise ineligible to possess such firearm.
(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.  The sheriff shall maintain a record of the destruction of the firearm.
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."
Sec. 2.  G.S. 14-269.1(2) and (3) are repealed.
Sec. 3.  This act becomes effective May 1, 1994.
In the General Assembly read three times and ratified this the 15th day of March, 1994.

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Dennis A. Wicker
President of the Senate

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Daniel Blue, Jr.
Speaker of the House of Representatives