North Carolina 2025-2026 Regular Session

North Carolina House Bill H583 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	H 1
4		-	HOUSE BILL 583
	3	+	H D
	4	+	HOUSE BILL DRH30266-ML-87A
	5	+
5	6
6	7
7	8		Short Title: Law Enforcement/Destroy Certain Firearms. (Public)
8		-	Sponsors: Representatives Morey, Rubin, Lopez, and Clark (Primary Sponsors).
9		-	For a complete list of sponsors, refer to the North Carolina General Assembly web site.
10		-	Referred to: Rules, Calendar, and Operations of the House
11		-	April 1, 2025
12		-	H583 -v-1
	9	+	Sponsors: Representative Morey.
	10	+	Referred to:
	11	+
	12	+	DRH30266 -ML-87A
13	13		A BILL TO BE ENTITLED 1
14	14		AN ACT TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO DESTROY 2
15	15		UNCLAIMED FIREARMS , FIREARMS CONFISCATED AFTER CONVICTION OF 3
16	16		CERTAIN OFFENSES, AND FIREARMS PURCHASED BY OR VOLUNTARILY 4
17	17		SURRENDERED TO THE LAW ENFORCEMENT AGENCY . 5
18	18		Whereas, State law passed in 2013 prohibits law enforcement from destroying 6
19	19		firearms when they obtain guns in the course of a criminal investigation; and 7
20	20		Whereas, a 2023 report found that police departments have seized and store more than 8
21	21		74,000 firearms in warehouses; and 9
22	22		Whereas, some individual police stations store, track, and maintain more than 10,000 10
23	23		firearms that were used in crimes; and 11
24	24		Whereas, the cost to store and maintain these weapons is placed on the police 12
25	25		departments; and 13
26	26		Whereas, many police departments in North Carolina do not want to sell firearms 14
27	27		back into circulation because they will see them again used in other crimes; and 15
28	28		Whereas, stockpiling firearms and not allowing for destruction creates the risk of 16
29	29		accidental discharge, potential injury, and gun theft from storage units; Now, therefore, 17
30	30		The General Assembly of North Carolina enacts: 18
31	31		SECTION 1. G.S. 15-11.1(b1) reads as rewritten: 19
32	32		"(b1) Notwithstanding subsections (a) and (b) of this section or any other provision of law, 20
33	33		if the property seized is a firearm and the district attorney determines the firearm is no longer 21
34	34		necessary or useful as evidence in a criminal trial, the firearm shall be returned to the defendant 22
35	35		if the district attorney knows or believes the defendant is the sole party with an ownership or 23
36	36		possessory interest in the firearm and the defendant is not otherwise ineligible to possess the 24
37	37		firearm. If the district attorney determines the firearm is no longer necessary or useful as evidence 25
38	38		in a criminal trial and knows or believes there are multiple parties who may have an ownership 26
39	39		or possessory interest in the firearm, the district attorney, after notice to all parties known or 27
40	40		believed by the district attorney to have an ownership or a possessory interest in the firearm, 28
41	41		including the defendant, shall apply to the court for an order of disposition of the firearm. The 29
42	42		judge, after hearing, may order the disposition of the firearm in one of the following ways: 30
43	43		(1) By ordering the firearm returned to its rightful owner, when the rightful owner 31
44	44		is someone other than the defendant and upon findings by the court (i) that the 32
45	45		person, firm, or corporation determined by the court to be the rightful owner 33
46	46		is entitled to possession of the firearm and (ii) that the person, firm, or 34
47		-	corporation determined by the court to be the rightful owner of the firearm 35 General Assembly Of North Carolina Session 2025
48		-	Page 2 House Bill 583-First Edition
	47	+	corporation determined by the court to be the rightful owner of the firearm 35
	48	+	H.B. 583
	49	+	Mar 31, 2025
	50	+	HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	51	+	Page 2 DRH30266-ML-87A
49	52		was unlawfully deprived of the same or had no knowledge or reasonable belief 1
50	53		of the defendant's intention to use the firearm unlawfully. 2
51	54		(2) By ordering the firearm returned to the defendant, but only if the defendant is 3
52	55		not convicted of any criminal offense in connection with the possession or use 4
53	56		of the firearm, the defendant is the rightful owner of the firearm, and the 5
54	57		defendant is not otherwise ineligible to possess such firearm. 6
55	58		(3) By ordering the firearm turned over to be destroyed by the sheriff of the county 7
56	59		in which the firearm was seized or by his duly authorized agent if the firearm 8
57	60		does not have a legible, unique identification number or is unsafe for use 9
58	61		because of wear, damage, age, or modification. The sheriff any law 10
59	62		enforcement agency in the county of trial. The receiving law enforcement 11
60	63		agency shall maintain a record of the destruction of the firearm. 12
61	64		(4) By ordering the firearm turned over to a law enforcement agency in the county 13
62	65		of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by 14
63	66		the agency to a federally licensed firearm dealer in accordance with all 15
64	67		applicable State and federal firearm laws. The court may order a disposition 16
65	68		of the firearm pursuant to this subdivision only if the firearm has a legible, 17
66	69		unique identification number. If the law enforcement agency sells the firearm, 18
67	70		then the proceeds of the sale shall be remitted to the appropriate county 19
68	71		finance officer as provided by G.S. 115C-452 to be used to maintain free 20
69	72		public schools. agency. The receiving law enforcement agency shall maintain 21
70	73		a record and inventory of all firearms received pursuant to this subdivision. 22
71	74		This subsection (b1) is not applicable to seizures pursuant to G.S. 113-137 of firearms used 23
72	75		only in connection with a violation of Article 22 of Chapter 113 of the General Statutes or any 24
73	76		local wildlife hunting ordinance." 25
74	77		SECTION 2. G.S. 15-11.2 reads as rewritten: 26
75	78		"§ 15-11.2. Disposition of unclaimed firearms not confiscated or seized as trial evidence. 27
76	79		… 28
77	80		(b) Published Notice of Unclaimed Firearm. – When a law enforcement agency finds or 29
78	81		receives a firearm and the firearm remains unclaimed for a period of 180 days, the agency shall 30
79	82		publish at least one notice in a newspaper published in the county in which the agency is located. 31
80	83		The notice shall include all of the following: 32
81	84		(1) A statement that the firearm is unclaimed and is in the custody of the law 33
82	85		enforcement agency. 34
83	86		(2) A statement that the firearm may be sold or otherwise disposed of unless the 35
84	87		firearm is claimed within 30 days of the date of the publication of the notice. 36
85	88		(3) A brief description of the firearm and any other information that the chief or 37
86	89		head of the law enforcement agency may consider necessary or advisable to 38
87	90		reasonably inform the public about the firearm. 39
88	91		… 40
89	92		(d) Disposition of Unclaimed Firearm. – If the firearm remains unclaimed for a period of 41
90	93		30 days after the publication of the notice, then the head or chief of the law enforcement agency 42
91	94		shall order the disposition of the firearm in one of the following ways: 43
92	95		(1) By having the firearm destroyed if the firearm does not have a legible, unique 44
93	96		identification number or is unsafe for use because of wear, damage, age, or 45
94	97		modification and will not be disposed of pursuant to subdivision (3) of this 46
95	98		subsection. The head or chief of the law enforcement agency shall maintain a 47
96	99		record of the destruction of the firearm. 48
97	100		(2) By sale, trade, or exchange by the agency to a federally licensed firearm dealer 49
98	101		in accordance with all applicable State and federal firearm laws or by sale of 50
99	102		the firearm at a public auction to persons licensed as firearms collectors, 51 General Assembly Of North Carolina Session 2025
100		-	~~House Bill 583-First Edition~~ Page 3
	103	+	DRH30266-ML-87A Page 3
101	104		dealers, importers, or manufacturers. The head or chief of the law enforcement 1
102	105		agency shall dispose of the firearm pursuant to this subdivision only if the 2
103	106		firearm has a legible, unique identification number. 3
104	107		(3) By maintaining the firearm for training or experimental purposes the official 4
105	108		use of the agency or transferring the firearm to a museum or historical society. 5
106	109		… 6
107	110		(f) Disbursement of Proceeds of Sale. – If the law enforcement agency sells the firearm 7
108	111		pursuant to subdivision (2) of subsection (d) of this section, then the proceeds of the sale shall be 8
109	112		retained by the law enforcement agency and used for law enforcement purposes. The receiving 9
110	113		law enforcement agency shall maintain a record and inventory of all firearms received pursuant 10
111	114		to this section, as well as the disposition of the firearm, including any funds received from a sale 11
112	115		of a firearm or any firearms or other property received in exchange or trade of a firearm." 12
113	116		SECTION 3. G.S. 14-269.1 reads as rewritten: 13
114	117		"§ 14-269.1. Confiscation and disposition of deadly weapons. 14
115	118		Upon conviction of any person for violation of G.S. 14-269, G.S. 14-269.7, or any other 15
116	119		offense involving the use of a deadly weapon of a type referred to in G.S. 14-269, the deadly 16
117	120		weapon with reference to which the defendant shall have been convicted shall be ordered 17
118	121		confiscated and disposed of by the presiding judge at the trial in one of the following ways in the 18
119	122		discretion of the presiding judge. 19
120	123		(1) By ordering the weapon returned to its rightful owner, but only when such 20
121	124		owner is a person other than the defendant and has filed a petition for the 21
122	125		recovery of such weapon with the presiding judge at the time of the 22
123	126		defendant's conviction, and upon a finding by the presiding judge that 23
124	127		petitioner is entitled to possession of same and that he was unlawfully 24
125	128		deprived of the same without his consent. 25
126	129		… 26
127	130		(4) By ordering such weapon turned over to the sheriff of a law enforcement 27
128	131		agency in the county in which the trial is held or his a duly authorized agent 28
129	132		of the agency to be destroyed if the firearm does not have a legible, unique 29
130	133		identification number or is unsafe for use because of wear, damage, age, or 30
131	134		modification. The sheriff destroyed. The receiving law enforcement agency 31
132	135		shall maintain a record of the destruction thereof. 32
133	136		… 33
134	137		(4b) By ordering the weapon turned over to a law enforcement agency in the county 34
135	138		of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by 35
136	139		the agency to a federally licensed firearm dealer in accordance with all 36
137	140		applicable State and federal firearm laws. The court may order a disposition 37
138	141		of the firearm pursuant to this subdivision only upon the written request of the 38
139	142		head or chief of the law enforcement agency or a designee of the head or chief 39
140	143		of the law enforcement agency and only if the firearm has a legible, unique 40
141	144		identification number. If the law enforcement agency sells the firearm, then 41
142	145		the proceeds of the sale shall be remitted to the appropriate county finance 42
143	146		officer as provided by G.S. 115C-452 to be used to maintain free public 43
144	147		schools. agency. The receiving law enforcement agency shall maintain a 44
145	148		record and inventory of all firearms received pursuant to this subdivision. 45
146	149		(5) By ordering such weapon turned over to the North Carolina State Crime 46
147	150		Laboratory's weapons reference library for official use by that agency. The 47
148	151		Laboratory shall maintain a record and inventory of all such weapons 48
149	152		received. 49 General Assembly Of North Carolina Session 2025
150		-	Page 4 ~~House Bill 583-First Edition~~
	153	+	Page 4 DRH30266-ML-87A
151	154		(6) By ordering such weapons turned over to the North Carolina Justice Academy 1
152	155		for official use by that agency. The North Carolina Justice Academy shall 2
153	156		maintain a record and inventory of all such weapons received." 3
154	157		SECTION 4. Article 2 of Chapter 15 of the General Statutes is amended by adding 4
155	158		a new section to read: 5
156	159		"§ 15-11.3. Disposition of firearms received through firearm buy-back program. 6
157	160		(a) Definition. – For purposes of this section, the term "firearm buy-back program" means 7
158	161		a program in which firearms, ammunition, or firearms and ammunition are purchased or 8
159	162		voluntarily surrendered for the purpose of destruction. 9
160	163		(b) Requirements. – A law enforcement agency that participates in a firearm buy-back 10
161	164		program shall comply with all of the following requirements: 11
162	165		(1) The serial number of each firearm that is purchased or surrendered to the 12
163	166		program is checked against any local, State, and federal records of stolen 13
164	167		firearms and, if it is found that the firearm is a stolen firearm, that the firearm 14
165	168		is not destroyed without the written permission of the lawful owner thereof 15
166	169		and that if the lawful owner of the firearm does not give written permission 16
167	170		for the firearm to be destroyed, that the firearm is returned to its lawful owner. 17
168	171		(2) If it is determined that a firearm that is purchased by or surrendered to the 18
169	172		firearm buy-back program is stolen, that the law enforcement agency makes 19
170	173		an effort to arrest the thief or any person who possessed the firearm knowing 20
171	174		it was stolen. 21
172	175		(3) Prior to the destruction of any firearm that is purchased or surrendered, that a 22
173	176		written determination is made as to whether the firearm may have been used 23
174	177		in a crime, and that if it is determined that the firearm probably was used in a 24
175	178		crime, that it is retained for evidence, and if it is determined that the firearm 25
176	179		probably was not used in a crime, if the firearm is a rifled firearm, that a fired 26
177	180		bullet and fired cartridge case is retained for possible use as evidence and that 27
178	181		if the firearm is a smooth bore firearm, that a fired cartridge case is retained 28
179	182		for possible use as evidence. 29
180	183		(c) Return to Lawful Owner. – Prior to returning a stolen firearm to a lawful owner, the 30
181	184		law enforcement agency shall determine whether or not the lawful owner is eligible to possess a 31
182	185		firearm under federal law. If the lawful owner of the firearm is ineligible to possess a firearm 32
183	186		under federal law, the law enforcement agency may destroy the firearm after compliance with 33
184	187		subdivision (3) of subsection (b) of this section." 34
185	188		SECTION 5. This act becomes effective July 1, 2025, and applies to any firearm 35
186	189		seized, found, or otherwise received by a law enforcement agency on or after that date. 36