A BILL TO BE ENTITLED
AN ACT to require the destruction of seized firearms used in committing an assault against a law enforcement officer or any other offense that resulted in serious bodily injury or death to the victim if the firearm belongs to the defendant or certain other persons and the district attorney requests destruction.
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)	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 one of the following conditions is met:
a.	The firearm does not have a legible, unique identification number.
b.	The firearm is unsafe for use because of wear, damage, age, or modification.
c.	All of the following criteria are met:
1.	The firearm was used in committing an assault against a law enforcement officer or in committing any other offense that resulted in serious bodily injury or death to the victim.
2.	The rightful owner of the firearm is the defendant, a member of the defendant's immediate family, or a member of the defendant's current household.
3.	The district attorney has requested that the firearm be destroyed.
The sheriff shall maintain a record of the destruction of the firearm.
…
This subsection 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.  This act becomes effective July 1, 2021, and applies to firearms seized on or after that date.