North Carolina 2025-2026 Regular Session

North Carolina House Bill H901 Compare Versions

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11 GENERAL ASSEMBLY OF NORTH CAROLINA
22 SESSION 2025
3-H 1
4-HOUSE BILL 901
3+H D
4+HOUSE BILL DRH10398-ML-82
5+
56
67
78 Short Title: Recognize Safety Hold Agreements. (Public)
8-Sponsors: Representatives Charles Smith, Adams, Carson Smith, and Reives (Primary
9-Sponsors).
10-For a complete list of sponsors, refer to the North Carolina General Assembly web site.
11-Referred to: Rules, Calendar, and Operations of the House
12-April 14, 2025
13-*H901 -v-1*
9+Sponsors: Representative Charles Smith.
10+Referred to:
11+
12+*DRH10398 -ML-82*
1413 A BILL TO BE ENTITLED 1
1514 AN ACT TO PROVIDE LIABILITY PROTECTION FOR A FEDERAL FIREARMS 2
1615 LICENSEE THAT ENTERS INTO A SAFETY HOLD AGREEMENT . 3
1716 The General Assembly of North Carolina enacts: 4
1817 SECTION 1. Article 53B of Chapter 14 of the General Statutes is amended by adding 5
1918 a new section to read: 6
2019 "§ 14-409.44. Safety hold agreements. 7
2120 (a) Definitions. – The following definitions apply in this section: 8
2221 (1) Federal firearms licensee. – A person licensed as a dealer, manufacturer, or 9
2322 importer under 18 U.S.C. § 923. 10
2423 (2) Safety hold agreement. – A private transaction between a federal firearms 11
2524 licensee and an individual firearm owner in which the licensee takes physical 12
2625 possession of the owner's lawfully possessed firearm at the owner's request, 13
2726 holds the firearm for an agreed-upon period of time, and returns the firearm 14
2827 to the owner according to the terms of the agreement. 15
2928 (b) Authorization. – A federal firearms licensee may enter into a safety hold agreement 16
3029 with a firearm owner. The safety hold agreement shall not require the payment of a fee in 17
3130 exchange for holding or storing a firearm. 18
3231 (c) Liability. – No individual shall have a cause of action against a federal firearm 19
3332 licensee for any act or omission arising from a safety hold agreement which results in personal 20
3433 injury or death of any individual, including the return of any firearm to the individual firearm 21
3534 owner at the termination of a safety hold agreement. The immunity set forth in this subsection 22
3635 does not apply to any action arising from a safety hold agreement if that action is the result of the 23
3736 negligent or reckless storage of the firearm or otherwise unlawful conduct on the part of the 24
3837 federal firearms licensee. 25
3938 (d) Unclaimed Firearm. – Except as otherwise prohibited by law, if an individual firearm 26
4039 owner does not reclaim his or her firearm at the termination of a safety hold agreement, the 27
4140 federal firearms licensee may sell or otherwise dispose of the firearm. 28
4241 (e) Forms. – The State Bureau of Investigation shall develop a modifiable form that may 29
4342 be used by federal firearms licensees for entering into safety hold agreements. The Bureau shall 30
4443 make copies of the form required under this subsection available on the Bureau's website. 31
4544 (f) Confidentiality. – Nothing in this section shall be construed as making a safety hold 32
4645 agreement entered into in accordance with subsection (a) of this section a public record for 33
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
48-Page 2 House Bill 901-First Edition
49-the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 1
50-section is confidential. 2
51-(g) Construction. – Nothing in this section shall be construed as requiring a federal 3
52-firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 4
53-to a person prohibited by law from possessing a firearm." 5
54-SECTION 2. The State Bureau of Investigation shall adopt rules consistent with the 6
55-provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 7
56-any rules as required by this section. 8
57-SECTION 3. This act becomes effective July 1, 2025. 9
46+purposes of Chapter 132 of the General Statutes. Except as otherwise agreed to by the parties to 34
47+the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 35
48+section is confidential. 36
49+H.B. 901
50+Apr 10, 2025
51+HOUSE PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
52+Page 2 DRH10398-ML-82
53+(g) Construction. – Nothing in this section shall be construed as requiring a federal 1
54+firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 2
55+to a person prohibited by law from possessing a firearm." 3
56+SECTION 2. The State Bureau of Investigation shall adopt rules consistent with the 4
57+provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 5
58+any rules as required by this section. 6
59+SECTION 3. This act becomes effective July 1, 2025. 7