A BILL TO BE ENTITLED
AN ACT to allow the destruction by a law enforcement agency of a seized or unclaimed firearm if the firearm is determined by a federally licensed firearm dealer to have negligible value as a trade‑in for a replacement firearm for the official use of the agency.
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 order the disposition of the firearm in one of the following ways:
…
(3)	Except as otherwise provided in this subdivision, 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 (i) does not have a legible, unique identification number, (ii) is unsafe for use because of wear, damage, age, or modification, or (iii) is determined by a federally licensed firearm dealer to have negligible value as a trade‑in for a replacement firearm for the official use of the law enforcement agency. 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 official use of the agency, (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws, or (iii) destruction of the firearm if a federally licensed firearm dealer determines the firearm has negligible value as a trade‑in for a replacement firearm for the official use of the law enforcement agency. 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, 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, 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)	Except as otherwise provided in this subdivision, by having the firearm destroyed if the firearm (i) does not have a legible, unique identification number, (ii) is unsafe for use because of wear, damage, age, or modification and will not be disposed of pursuant to subdivision (3) of this subsection, or (iii) is determined by a federally licensed firearm dealer to have negligible value as a trade‑in for a replacement firearm for the official use of the law enforcement agency. 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.
…."
SECTION 3.  This act becomes effective July 1, 2019, and applies to any firearm seized, found, or otherwise received by a law enforcement agency on or after that date.