A BILL TO BE ENTITLED
AN ACT to modify and clarify provisions related to the retrieval of firearms, ammunition, and permits surrendered pursuant to an ex parte, emergency, or permanent domestic violence protective order.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 50B‑3.1 reads as rewritten:
"§ 50B‑3.1.  Surrender and disposal of firearms; violations; exemptions.
…
(e)	Retrieval. – The defendant may retrieve any weapons or other related items surrendered to the sheriff by any of the following methods, unless the court or the sheriff finds that the defendant is precluded from owning or possessing a firearm pursuant to State or federal law or final disposition of any pending criminal charges committed against the person that is the subject of the current protective order:
(1)	Upon order of the court after a finding that insufficient evidence exists to issue a permanent domestic violence protective order following a hearing in which both parties are present or in which the plaintiff fails to appear.
(2)	Upon order of the court after the issuance of a permanent domestic violence protective order in which the court removes any requirement that the defendant surrender weapons and other related items to the sheriff, or upon the court's modification of a permanent domestic violence protective order that removes any requirement that the defendant surrender weapons and other related items to the sheriff.
(3)	Upon order of the court following a hearing held pursuant to subsection (f) of this section.
(4)	Upon the determination of the sheriff that at least 30 days have passed following the expiration of the domestic violence protective order requiring the surrender of the weapons and other related items.
…
(h)	Disposal of Firearms. – In any of the following circumstances, the sheriff who has control of firearms, ammunition, or permits surrendered pursuant to this Chapter shall give notice to the defendant and shall apply to the court for an order of disposition of the firearms, ammunition, or permits:
(1)	The defendant does not file a motion requesting the return of any firearms, ammunition, or permits surrendered within the time period prescribed by this section.
(2)	The court determines that the defendant is precluded from regaining possession of any firearms, ammunition, or permits surrendered.
(3)	The defendant or third‑party owner fails to remit all fees owed for the storage of the firearms or ammunition within 30 days of the entry of the order granting the return of the firearms, ammunition, or permits.
(4)	The defendant or third‑party owner fails to retrieve the firearms, ammunition, or permits within 60 days of the entry of the order granting the return of the firearms, ammunition, or permits.
The court, after a hearing held pursuant to this subsection, may order the disposition of the firearms, ammunition, or permits in one or more of the ways authorized by law, including subdivision (4), (4b), (5), or (6) of G.S. 14‑269.1. If a sale by the sheriff does occur, any proceeds from the sale after deducting any costs associated with the sale, and in accordance with all applicable State and federal law, shall be provided to the sheriff's office for any remaining storage fees not remitted by the defendant or third‑party owner. Once all remaining storage fees have been paid, any remaining proceeds shall be provided to the sheriff's office to be used for the general use of the office.
If the court receives an application from the sheriff pursuant to subdivision (4) of this subsection, the judge may order any disposition of the firearms, ammunitions, or permits that is authorized by this Chapter, except that the judge may not order the sheriff to retain custody of the items solely for the purpose of retrieval by the defendant or third‑party owner.
…."
SECTION 2.  This act is effective when it becomes law and applies (i) to firearms, ammunition, and permits surrendered on or after that date and (ii) beginning 60 days after this act becomes law, to firearms, ammunition, and permits surrendered before the date this act becomes law.