GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H D
HOUSE BILL DRH10139-ML-30B
Short Title: CCW Permit/No Records Provided. (Public)
Sponsors: Representative Kidwell.
Referred to:
*DRH10139 -ML-30B*
A BILL TO BE ENTITLED 1
AN ACT TO REPLACE THE REQUIRED DISCLOSURE OF RECORDS CONCERNING 2
THE MENTAL HEALTH OR CAPACITY OF AN APPLICANT FOR A CONCEALED 3
HANDGUN PERMIT WITH A "YES" OR "NO" STATEMENT INDICATING WHETHER 4
THE PERSON OR ENTITY HAS INFORMATION THAT THE APPLICANT HAS BEEN 5
DIAGNOSED BY A MEDICAL PROFESSIONAL WITH A MENTAL ILLNESS. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 14-415.13(a)(5) reads as rewritten: 8
"(5) A release, in a form to be prescribed by the Administrative Office of the 9
Courts, that authorizes and requires disclosure to the sheriff of any records a 10
statement concerning the mental health or capacity of the applicant to be used 11
for the sole purpose of determining whether the applicant is disqualified for a 12
permit under the provisions of G.S. 14-415.12. This provision does not 13
prohibit submitting information related to involuntary commitment to the 14
National Instant Criminal Background Check System (NICS)." 15
SECTION 2. G.S. 14-415.14(c) reads as rewritten: 16
"(c) Any person or entity who is presented by the applicant or by the sheriff with an 17
original or photocopied release form as described in G.S. 14-415.13(a)(5) shall promptly disclose 18
respond to the sheriff any records concerning the mental health or capacity of with a statement 19
indicating "Yes" or "No" as to whether the person or entity has information that the applicant 20
who signed the form and authorized the release of the records.has been diagnosed by a medical 21
professional with a mental illness. If a person or entity responds with a statement indicating 22
"Yes," then the person or entity shall, in writing and no later than 15 days from the date it 23
provided the sheriff with the required statement, provide the applicant with the grounds for 24
responding "Yes." In the absence of fraud or malice, no person or entity who responds with a 25
statement in accordance with this subsection shall be liable for damages in a civil action if the 26
statement and any accompanying information is found to be inaccurate or otherwise in error. 27
Nothing in this subsection shall be construed as requiring the disclosure of records to the sheriff." 28
SECTION 3. G.S. 14-415.15(a) reads as rewritten: 29
"(a) Except as permitted under subsection (b) of this section, within 45 days after receipt 30
of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records 31
statement concerning the mental health or capacity of the applicant, the sheriff shall either issue 32
or deny the permit. The sheriff may conduct any investigation necessary to determine the 33
qualification or competency of the person applying for the permit, including record checks. The 34
sheriff shall make the request for any records the statement concerning the mental health or 35
capacity of the applicant within 10 days of receipt of the items listed in G.S. 14-415.13. No 36
H.B. 427
Mar 18, 2025
HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
Page 2 DRH10139-ML-30B
person, company, mental health provider, or governmental entity may charge additional fees to 1
the applicant for background checks conducted under this subsection. A permit shall not be 2
denied unless the applicant is determined to be ineligible pursuant to G.S. 14-415.12." 3
SECTION 4. G.S. 14-415.15(c) reads as rewritten: 4
"(c) A person's application for a permit shall be denied only if the applicant fails to qualify 5
under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff 6
shall, within 45 days, notify the applicant in writing, stating the grounds for denial. Any grounds 7
for denial provided in accordance with this subsection shall (i) identify any person or entity who 8
provided a statement under G.S. 14-415.14(c), (ii) specify whether the person or entity responded 9
with a "Yes" or "No," and (iii) provide contact information for the person or entity who provided 10
the statement. An applicant may appeal the denial, revocation, or nonrenewal of a permit by 11
petitioning a district court judge of the district in which the application was filed. The 12
determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of 13
the sheriff's refusal. The determination by the court shall be final." 14
SECTION 5. By no later than September 30, 2025, the Administrative Office of the 15
Courts shall update the release required under G.S. 14-415.13(a)(5) to reflect the amendment set 16
forth in Section 1 of this act. 17
SECTION 6. This act becomes effective October 1, 2025, and applies to applications 18
submitted on or after that date. 19