14 | 13 | | A BILL TO BE ENTITLED 1 |
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15 | 14 | | AN ACT TO PROVIDE LIABILITY PROTECTION FOR A FEDERAL FIREARMS 2 |
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16 | 15 | | LICENSEE THAT ENTERS INTO A SAFETY HOLD AGREEMENT . 3 |
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17 | 16 | | The General Assembly of North Carolina enacts: 4 |
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18 | 17 | | SECTION 1. Article 53B of Chapter 14 of the General Statutes is amended by adding 5 |
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19 | 18 | | a new section to read: 6 |
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20 | 19 | | "§ 14-409.44. Safety hold agreements. 7 |
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21 | 20 | | (a) Definitions. – The following definitions apply in this section: 8 |
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22 | 21 | | (1) Federal firearms licensee. – A person licensed as a dealer, manufacturer, or 9 |
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23 | 22 | | importer under 18 U.S.C. § 923. 10 |
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24 | 23 | | (2) Safety hold agreement. – A private transaction between a federal firearms 11 |
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25 | 24 | | licensee and an individual firearm owner in which the licensee takes physical 12 |
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26 | 25 | | possession of the owner's lawfully possessed firearm at the owner's request, 13 |
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27 | 26 | | holds the firearm for an agreed-upon period of time, and returns the firearm 14 |
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28 | 27 | | to the owner according to the terms of the agreement. 15 |
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29 | 28 | | (b) Authorization. – A federal firearms licensee may enter into a safety hold agreement 16 |
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30 | 29 | | with a firearm owner. The safety hold agreement shall not require the payment of a fee in 17 |
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31 | 30 | | exchange for holding or storing a firearm. 18 |
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32 | 31 | | (c) Liability. – No individual shall have a cause of action against a federal firearm 19 |
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33 | 32 | | licensee for any act or omission arising from a safety hold agreement which results in personal 20 |
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34 | 33 | | injury or death of any individual, including the return of any firearm to the individual firearm 21 |
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35 | 34 | | owner at the termination of a safety hold agreement. The immunity set forth in this subsection 22 |
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36 | 35 | | does not apply to any action arising from a safety hold agreement if that action is the result of the 23 |
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37 | 36 | | negligent or reckless storage of the firearm or otherwise unlawful conduct on the part of the 24 |
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38 | 37 | | federal firearms licensee. 25 |
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39 | 38 | | (d) Unclaimed Firearm. – Except as otherwise prohibited by law, if an individual firearm 26 |
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40 | 39 | | owner does not reclaim his or her firearm at the termination of a safety hold agreement, the 27 |
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41 | 40 | | federal firearms licensee may sell or otherwise dispose of the firearm. 28 |
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42 | 41 | | (e) Forms. – The State Bureau of Investigation shall develop a modifiable form that may 29 |
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43 | 42 | | be used by federal firearms licensees for entering into safety hold agreements. The Bureau shall 30 |
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44 | 43 | | make copies of the form required under this subsection available on the Bureau's website. 31 |
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45 | 44 | | (f) Confidentiality. – Nothing in this section shall be construed as making a safety hold 32 |
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46 | 45 | | agreement entered into in accordance with subsection (a) of this section a public record for 33 |
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47 | | - | purposes of Chapter 132 of the General Statutes. Except as otherwise agreed to by the parties to 34 General Assembly Of North Carolina Session 2025 |
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48 | | - | Page 2 House Bill 901-First Edition |
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49 | | - | the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 1 |
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50 | | - | section is confidential. 2 |
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51 | | - | (g) Construction. – Nothing in this section shall be construed as requiring a federal 3 |
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52 | | - | firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 4 |
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53 | | - | to a person prohibited by law from possessing a firearm." 5 |
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54 | | - | SECTION 2. The State Bureau of Investigation shall adopt rules consistent with the 6 |
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55 | | - | provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 7 |
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56 | | - | any rules as required by this section. 8 |
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57 | | - | SECTION 3. This act becomes effective July 1, 2025. 9 |
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| 46 | + | purposes of Chapter 132 of the General Statutes. Except as otherwise agreed to by the parties to 34 |
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| 47 | + | the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 35 |
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| 48 | + | section is confidential. 36 |
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| 49 | + | H.B. 901 |
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| 50 | + | Apr 10, 2025 |
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| 51 | + | HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025 |
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| 52 | + | Page 2 DRH10398-ML-82 |
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| 53 | + | (g) Construction. – Nothing in this section shall be construed as requiring a federal 1 |
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| 54 | + | firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 2 |
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| 55 | + | to a person prohibited by law from possessing a firearm." 3 |
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| 56 | + | SECTION 2. The State Bureau of Investigation shall adopt rules consistent with the 4 |
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| 57 | + | provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 5 |
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| 58 | + | any rules as required by this section. 6 |
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| 59 | + | SECTION 3. This act becomes effective July 1, 2025. 7 |
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