North Carolina 2025-2026 Regular Session

North Carolina Senate Bill S406 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1		GENERAL ASSEMBLY OF NORTH CAROLINA
2	2		SESSION 2025
3		-	S 1
4		-	SENATE BILL 406
	3	+	S D
	4	+	SENATE BILL DRS15167-ML-38
	5	+
5	6
6	7
7	8		Short Title: Allow ERPOs to Prevent Suicides & Save Lives. (Public)
8	9		Sponsors: Senators Mayfield and Bradley (Primary Sponsors).
9		-	Referred to: ~~Rules and Operations of the Senate~~
10		-	~~March 25, 2025~~
11		-	~~S406 -v-1~~
	10	+	Referred to:
	11	+
	12	+	DRS15167 -ML-38
12	13		A BILL TO BE ENTITLED 1
13	14		AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION 2
14	15		ORDER TO RESTRICT TEMPORARILY A PERSON 'S ACCESS TO FIREARMS IF 3
15	16		THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM 4
16	17		TO SELF OR OTHERS AND TO REQUIRE A COURT TO ORDER THE SEIZURE OF 5
17	18		ANY FIREARM, AMMUNITION, OR PERMITS A DEFENDANT FAILS TO 6
18	19		SURRENDER AFTER THE ISSUANCE OF AN EMERGENCY OR EX PARTE 7
19	20		DOMESTIC VIOLENCE PROTECTIVE ORDER . 8
20	21		The General Assembly of North Carolina enacts: 9
21	22		SECTION 1.(a) The General Statutes are amended by adding a new Chapter to read: 10
22	23		"Chapter 50E. 11
23	24		"Extreme Risk Protection Orders. 12
24	25		"§ 50E-1. Title of Chapter. 13
25	26		This Chapter may be cited as the "Extreme Risk Protection Orders Act." 14
26	27		"§ 50E-2. Purpose. 15
27	28		The purpose of this Chapter is to reduce gun deaths and injuries, while respecting 16
28	29		constitutional rights, by providing a court procedure for concerned citizens and law enforcement 17
29	30		to obtain an order temporarily restricting a person's access to firearms. The court orders 18
30	31		authorized under this Chapter are intended to be limited to situations in which the person poses 19
31	32		a significant danger of harming themselves or others by possessing a firearm and include 20
32	33		standards and safeguards to protect the rights of respondents and due process of law. 21
33	34		"§ 50E-3. Definitions. 22
34	35		The following definitions apply in this Chapter: 23
35	36		(1) Extreme Risk Protection Order or ERPO. – An order granted under this 24
36	37		Chapter, which includes a remedy authorized under G.S. 50E-6. 25
37	38		(2) Family or household member. – Any of the following: 26
38	39		a. A person related by blood, marriage, or adoption to the respondent. 27
39	40		b. A person who is in a dating relationship, or has been in a dating 28
40	41		relationship, with the respondent. For purposes of this 29
41	42		sub-subdivision, a dating relationship is one wherein the parties are 30
42	43		romantically involved over time and on a continuous basis during the 31
43	44		course of the relationship, but is not any of the following: 32
44	45		1. A casual acquaintance. 33
45	46		2. Ordinary fraternization between persons in a business or social 34
46		-	context. 35 General Assembly Of North Carolina Session 2025
47		-	Page 2 Senate Bill 406-First Edition
	47	+	context. 35
	48	+	FILED SENATE
	49	+	Mar 24, 2025
	50	+	S.B. 406
	51	+	PRINCIPAL CLERK General Assembly Of North Carolina Session 2025
	52	+	Page 2 DRS15167-ML-38
48	53		3. A dating relationship that ended more than one year before the 1
49	54		date the petitioner filed a petition for an ERPO under this 2
50	55		Chapter. 3
51	56		c. A person who has a child in common with the respondent, regardless 4
52	57		of whether the person has been married to the respondent or has lived 5
53	58		together with the respondent at any time. 6
54	59		d. A domestic partner of the respondent. 7
55	60		e. A person who has a biological or legal parent-child relationship with 8
56	61		the respondent, including stepparents, stepchildren, grandparents, and 9
57	62		grandchildren. 10
58	63		f. A person who is acting or has acted as the respondent's legal guardian. 11
59	64		(3) Firearm. – Any weapon, including a starter gun, which will or is designed to 12
60	65		or may readily be converted to expel a projectile by the action of an explosive, 13
61	66		or its frame or receiver. 14
62	67		"§ 50E-4. Commencement of action. 15
63	68		(a) Petition. – Any of the following may file a verified petition in district court for an 16
64	69		ERPO: 17
65	70		(1) A family or household member. 18
66	71		(2) A current or former spouse or dating partner. 19
67	72		(3) A law enforcement officer or agency. 20
68	73		(4) A health care provider. 21
69	74		(b) Venue. – A petition for an ERPO is governed by G.S. 1-82. 22
70	75		(c) Required Information in Petition. – A petition for an ERPO under this Chapter shall 23
71	76		include all of the following: 24
72	77		(1) An allegation that the respondent poses a danger of physical harm to self or 25
73	78		others by having in his or her care, custody, possession, ownership, or control 26
74	79		a firearm. If the petitioner is seeking an ex parte ERPO, the petition shall 27
75	80		include an allegation that the respondent poses an imminent danger of physical 28
76	81		harm to self or others by having in his or her care, custody, possession, 29
77	82		ownership, or control a firearm. The allegation required under this subdivision 30
78	83		shall include facts to support the allegation. 31
79	84		(2) An identification, to the best of the petitioner's knowledge, of the number, 32
80	85		types, and locations of firearms under the respondent's custody or control. 33
81	86		(3) An identification of any existing protection order under State law governing 34
82	87		the respondent. 35
83	88		(4) An identification of any pending lawsuits, complaints, petitions, or other 36
84	89		actions between the petitioner and the respondent. 37
85	90		(d) Verification of Terms of Existing Orders. – The clerk of court shall verify the terms 38
86	91		of any existing protection orders governing the petitioner and respondent. The court shall not 39
87	92		delay or deny granting relief because of the existence of a pending action between the petitioner 40
88	93		and respondent or the necessity of verifying the terms of an existing protection order. 41
89	94		(e) Nondisclosure of Address. – A petitioner with a current and valid Address 42
90	95		Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of 43
91	96		the General Statutes may use the substitute address designated by the Address Confidentiality 44
92	97		Program when filing with the court any document required under this Chapter. If a petitioner 45
93	98		does not have a current and valid Address Confidentiality Program authorization card, but 46
94	99		submits to the court a copy of a protective order without attachments, if any, issued to the 47
95	100		petitioner under G.S. 50B-3 or a lawful order of any court of competent jurisdiction restricting 48
96	101		the access or contact of one or more persons with the petitioner, accompanied by a signed 49
97	102		statement that the petitioner has good reason to believe that the physical safety of the petitioner 50
98	103		or a member of the petitioner's family residing with the petitioner would be jeopardized if the 51 General Assembly Of North Carolina Session 2025
99		-	~~Senate Bill 406-First Edition~~ Page 3
	104	+	DRS15167-ML-38 Page 3
100	105		petitioner's address were open to public inspection, that petitioner's address shall be kept 1
101	106		confidential. 2
102	107		(f) Court Costs. – No court costs shall be assessed for the filing or service of the petition, 3
103	108		or the service of any ERPOs. 4
104	109		(g) Electronic Filing. – All documents filed, issued, registered, or served in an action 5
105	110		under this Chapter relating to an ERPO may be filed electronically. 6
106	111		(h) Report. – Beginning December 1, 2025, and occurring annually thereafter, the 7
107	112		Administrative Office of the Courts shall submit a report to the Joint Legislative Oversight 8
108	113		Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the 9
109	114		following information: 10
110	115		(1) The number of petitions filed under this Chapter during the prior calendar 11
111	116		year. 12
112	117		(2) The number of ex parte ERPOs issued during the prior calendar year. 13
113	118		(3) The number of ex parte ERPOs the courts declined to issue during the prior 14
114	119		calendar year and justification for why each was declined. 15
115	120		(4) The number of final ERPOs issued during the prior calendar year. 16
116	121		(5) The number of final ERPOs the courts declined to issue during the prior 17
117	122		calendar year and justification for why each was declined. 18
118	123		"§ 50E-5. Process. 19
119	124		(a) Summons Required. – Except as otherwise provided in G.S. 50E-8, a petition for an 20
120	125		ERPO requires that a summons be issued and served not later than five days prior to the date set 21
121	126		for the final ERPO hearing. Attachments to the summons shall include the petition for any ERPO, 22
122	127		any ex parte ERPO that has been issued and the notice of hearing on the ex parte ERPO, and a 23
123	128		description of what an ERPO is. 24
124	129		(b) Service of the Summons and Attachments. – The clerk of court shall effect service of 25
125	130		the summons and any attachments through the appropriate law enforcement agency where the 26
126	131		respondent is to be served. 27
127	132		"§ 50E-6. ERPO requirements; remedy; mental health or chemical dependency evaluation. 28
128	133		(a) Required Information in ERPO. – An ERPO issued under this Chapter shall include 29
129	134		all of the following: 30
130	135		(1) A statement of the grounds supporting issuance of the ERPO. 31
131	136		(2) The date and time the ERPO was issued. 32
132	137		(3) The date and time the ERPO expires. 33
133	138		(4) Whether a mental health evaluation or chemical dependency evaluation of the 34
134	139		respondent is required. 35
135	140		(5) The address of the court in which any responsive pleading may be filed. 36
136	141		(6) A description of the requirements for relinquishment and retrieval of any 37
137	142		firearms, ammunition, permits to purchase firearms, and permits to carry 38
138	143		concealed firearms that are in the care, custody, ownership, or control of the 39
139	144		respondent. 40
140	145		(7) A description of the process for seeking termination of the ERPO. 41
141	146		(8) A statement that a violation of the ERPO is punishable as a Class A1 42
142	147		misdemeanor. 43
143	148		(b) Remedy Granted. – Upon issuance of an ERPO, including an ex parte ERPO, the 44
144	149		court shall order the respondent to surrender to the sheriff all firearms, ammunition, permits to 45
145	150		purchase firearms, and permits to carry concealed firearms that are in the care, custody, 46
146	151		possession, ownership, or control of the respondent. 47
147	152		(c) Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance 48
148	153		of an ERPO, the court shall consider whether a mental health evaluation or chemical dependency 49
149	154		evaluation of the respondent is appropriate and may order the respondent to undergo evaluation 50
150	155		if appropriate. 51 General Assembly Of North Carolina Session 2025
151		-	Page 4 ~~Senate Bill 406-First Edition~~
	156	+	Page 4 DRS15167-ML-38
152	157		"§ 50E-7. Hearing and issuance of a final Extreme Risk Protection Order. 1
153	158		(a) Hearing. – A court shall hold a hearing on a petition for a final ERPO no later than 2
154	159		10 days from either of the following dates: 3
155	160		(1) If an ex parte ERPO has been issued, the date the ex parte ERPO was issued. 4
156	161		(2) If subdivision (1) of this subsection does not apply, the date the petition for a 5
157	162		final ERPO was served on the respondent. 6
158	163		A continuance shall be limited to one extension of no more than 10 days unless all parties 7
159	164		consent or good cause is shown. 8
160	165		(b) Order. – A court may issue a final ERPO if all of the following requirements are met: 9
161	166		(1) The court finds by clear and convincing evidence that the respondent poses a 10
162	167		danger of causing physical harm to self or others by having in his or her 11
163	168		custody a firearm. In determining whether the requirement set forth in this 12
164	169		subdivision is met, the court may consider any relevant evidence, including, 13
165	170		but not limited to, any of the following: 14
166	171		a. A recent act or threat of violence, or a pattern of acts or threats of 15
167	172		violence within the 12 months preceding the petition, by the 16
168	173		respondent against himself, herself, or others, whether or not the 17
169	174		violence or threat of violence involves a firearm or other weapon. 18
170	175		b. Evidence of the respondent being seriously mentally ill or having 19
171	176		recurring mental health issues. 20
172	177		c. A violation by the respondent of an order issued under Chapter 50B, 21
173	178		50C, or 50D of the General Statutes. 22
174	179		d. A previous or existing ERPO issued against the respondent, including 23
175	180		whether the respondent committed a violation of the previous or 24
176	181		existing ERPO. 25
177	182		e. Whether the respondent, in this State or any other state, has been 26
178	183		convicted of or had adjudication withheld on a crime that constitutes 27
179	184		domestic violence as defined in G.S. 50B-1 or a crime involving 28
180	185		violence or a threat of violence. 29
181	186		f. The unlawful or reckless use, display, or brandishing of a firearm by 30
182	187		the respondent. 31
183	188		g. The recurring use of, or threat to use, physical force by the respondent 32
184	189		against another person or the respondent stalking another person. 33
185	190		h. Evidence of the abuse of controlled substances or alcohol by the 34
186	191		respondent. 35
187	192		i. Evidence of recent acquisition of firearms or ammunition by the 36
188	193		respondent. 37
189	194		j. Witness testimony, taken while the witness is under oath, relating to 38
190	195		the matter before the court. 39
191	196		(2) Process was served on the respondent in accordance with the requirements of 40
192	197		this Chapter. 41
193	198		(3) Notice of hearing was given to the respondent in accordance with the 42
194	199		requirements of this Chapter. 43
195	200		"§ 50E-8. Hearing and issuance of an ex parte Extreme Risk Protection Order. 44
196	201		(a) Hearing. – Upon receipt of a petition for an ex parte ERPO, the court shall hold a 45
197	202		hearing in person on the day the petition is filed or the day immediately following the day the 46
198	203		petition is filed. 47
199	204		(b) Order. – If the court finds that there is clear and convincing evidence that the 48
200	205		respondent poses an imminent danger of causing physical harm to self or others by having in his 49
201	206		or her custody a firearm, a judge or magistrate of district court may issue an ex parte ERPO 50
202	207		before a hearing for a final ERPO and without evidence of service of process or notice. 51 General Assembly Of North Carolina Session 2025
203		-	~~Senate Bill 406-First Edition~~ Page 5
	208	+	DRS15167-ML-38 Page 5
204	209		(c) Requirements. – An ex parte ERPO granted without notice shall meet all of the 1
205	210		following requirements: 2
206	211		(1) The ERPO shall be endorsed with the date and hour of issuance. 3
207	212		(2) The ERPO shall be filed immediately in the clerk's office and entered of 4
208	213		record. 5
209	214		(3) The ERPO shall include a statement detailing why the ERPO was granted 6
210	215		without notice. 7
211	216		(4) The ERPO shall include the applicable information required under 8
212	217		G.S. 50E-6(a). 9
213	218		(5) The ERPO shall expire by its terms within a specified amount of time after 10
214	219		entry, not to exceed the limits set forth in G.S. 50E-10(a). 11
215	220		(d) Court Out of Session. – When the court is not in session, the petitioner may file for 12
216	221		an ex parte ERPO before any judge or magistrate designated by the chief district court judge to 13
217	222		grant relief under this Chapter. If the judge or magistrate finds that the requirements of this 14
218	223		section have been met, the judge or magistrate may issue an ex parte ERPO. The chief district 15
219	224		court judge may designate for each county at least one judge or magistrate to be reasonably 16
220	225		available to issue ex parte ERPOs when the court is not in session. 17
221	226		(e) Video Conference. – Hearings held to consider ex parte relief pursuant to subsection 18
222	227		(a) of this section may be held via video conference. 19
223	228		"§ 50E-9. Surrender, retrieval, and disposal of firearms. 20
224	229		(a) Surrender of Firearms. – Upon service of an ERPO, the respondent shall immediately 21
225	230		surrender to the sheriff possession of all firearms, ammunition, permits to purchase firearms, and 22
226	231		permits to carry concealed firearms that are in the care, custody, possession, ownership, or control 23
227	232		of the respondent. In the event that weapons cannot be surrendered at the time the ERPO is 24
228	233		served, the respondent shall surrender the firearms, ammunitions, and permits to the sheriff 25
229	234		within 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the 26
230	235		firearms or contract with a licensed firearms dealer to provide storage. 27
231	236		(b) Failure to Surrender. – Upon the sworn statement of the petitioner or the sheriff 28
232	237		alleging that the respondent has failed to comply with the surrender of firearms required under 29
233	238		subsection (a) of this section, the court shall determine whether probable cause exists to believe 30
234	239		that the respondent has failed to surrender all firearms in his or her care, custody, possession, 31
235	240		ownership, or control. If probable cause exists, the court shall issue a warrant describing the 32
236	241		firearms and authorizing (i) a search of the locations where the firearms are reasonably believed 33
237	242		to be and (ii) seizure of any firearms discovered pursuant to the search. 34
238	243		(c) Receipt. – At the time of surrender or seizure, the sheriff taking possession of a 35
239	244		firearm shall issue a receipt identifying all firearms that have been surrendered or seized and shall 36
240	245		provide a copy of the receipt to the respondent. Within 48 hours after issuing the receipt, the 37
241	246		officer shall file the original receipt with the court and shall also retain a copy for the sheriff's 38
242	247		records. 39
243	248		(d) Fee. – The sheriff may charge the respondent a reasonable fee for the storage of any 40
244	249		firearms and ammunition taken pursuant to an ERPO. The fees are payable to the sheriff. The 41
245	250		sheriff shall transmit the proceeds of these fees to the county finance officer. The fees shall be 42
246	251		used by the sheriff to pay the costs of administering this section. The county shall expend the 43
247	252		restricted funds for these purposes only. The sheriff shall not release firearms, ammunition, or 44
248	253		permits without a court order granting the release. The respondent shall remit all fees owed prior 45
249	254		to the authorized return of any firearms, ammunition, or permits. The sheriff shall not incur any 46
250	255		civil or criminal liability for alleged damage or deterioration due to storage or transportation of 47
251	256		any firearms or ammunition held pursuant to this section. 48
252	257		(e) Retrieval. – If the court does not enter a final ERPO when the ex parte ERPO expires, 49
253	258		the respondent may retrieve any firearms, ammunition, or permits surrendered to the sheriff 50 General Assembly Of North Carolina Session 2025
254		-	Page 6 ~~Senate Bill 406-First Edition~~
	259	+	Page 6 DRS15167-ML-38
255	260		unless the court finds that the respondent is otherwise precluded from owning or possessing a 1
256	261		firearm pursuant to State or federal law. 2
257	262		(f) Motion for Return. – The respondent may request the return of any firearms, 3
258	263		ammunition, or permits surrendered by filing a motion with the court after the expiration or 4
259	264		termination of the ERPO. Unless the court finds that the respondent is otherwise precluded from 5
260	265		owning or possessing a firearm pursuant to State or federal law, all firearms, ammunition, and 6
261	266		permits surrendered by the respondent shall be returned within 30 days of the date the motion 7
262	267		was received by the court. If the court does not enter a final ERPO when the ex parte ERPO 8
263	268		expires, and the court orders the return of the items to the respondent, the respondent is not 9
264	269		required to pay any fees imposed under subsection (d) of this section and the sheriff shall 10
265	270		promptly refund to the respondent any fees already paid pursuant to subsection (d) of this section 11
266	271		for the storage of any items taken pursuant to the ex parte ERPO. 12
267	272		(g) Motion for Return by Third Party. – A third-party owner of firearms or ammunition 13
268	273		who is otherwise eligible to possess the items may file a motion requesting the return to the third 14
269	274		party of any of the items in the possession of the sheriff surrendered or seized as a result of the 15
270	275		entry of an ERPO. The third-party owner shall also provide proof of ownership of the firearms 16
271	276		or ammunition. Upon receipt of the third party's motion, the court shall schedule a hearing and 17
272	277		provide written notice to all parties and the sheriff. The court shall order return of the items to 18
273	278		the third party unless the third-party owner fails to provide proof of ownership or certification as 19
274	279		required under this subsection, or the court determines that the third party is disqualified from 20
275	280		owning or possessing the items pursuant to State or federal law. If the court orders the return of 21
276	281		the items to the third party, the third party is not required to pay any fees imposed under 22
277	282		subsection (d) of this section. If the court denies the return of the items to the third party, the 23
278	283		items shall be disposed of by the sheriff as provided in subsection (h) of this section. 24
279	284		(h) Disposal of Firearms. – If the respondent or a third-party owner does not file a motion 25
280	285		within the applicable time period prescribed by this section requesting the return of any 26
281	286		surrendered firearms, ammunition, or permits; if the court determines that the respondent or 27
282	287		third-party owner is precluded from regaining possession of any surrendered firearms, 28
283	288		ammunition, or permits; or if the respondent fails to remit all fees owed for the storage of the 29
284	289		firearms or ammunition within 30 days of the entry of the order granting the return of the 30
285	290		firearms, ammunition, or permits, the sheriff who has control of the firearms, ammunition, or 31
286	291		permits shall give notice to the respondent and the sheriff shall apply to the court for an order of 32
287	292		disposition of the firearms, ammunition, or permits. The judge, after a hearing, may order the 33
288	293		sheriff in possession, or the sheriff's duly authorized agent, to destroy the firearms, ammunition, 34
289	294		and permits, or to dispose of the firearms, ammunition, and permits in one or more of the ways 35
290	295		authorized by law, including subdivision (4b), (5), or (6) of G.S. 14-269.1. The sheriff shall 36
291	296		maintain a record of any firearms, ammunition, and permits destroyed in accordance with this 37
292	297		subsection. If a sale by the sheriff does occur, any proceeds from the sale after deducting any 38
293	298		costs associated with the storage and sale, in accordance with all applicable State and federal law, 39
294	299		shall be provided to the respondent if ordered by the judge. 40
295	300		"§ 50E-10. Duration; renewal of ERPOs. 41
296	301		(a) Duration of Ex Parte ERPO. – Except as otherwise provided in this subsection, an ex 42
297	302		parte ERPO shall be effective until the date a hearing is held under G.S. 50E-7. If a hearing is 43
298	303		not held or a continuance was not granted, an ex parte ERPO shall be effective for not more than 44
299	304		10 days from the date the ex parte ERPO was issued. 45
300	305		(b) Duration of Final ERPO. – A final ERPO shall be effective for a fixed period of time 46
301	306		not to exceed one year. 47
302	307		(c) Renewal. – Any ERPO may be renewed one or more times, as required, provided that 48
303	308		the requirements of G.S. 50E-7 or G.S. 50E-8, as appropriate, are satisfied. The court may renew 49
304	309		an ERPO, including an ERPO that previously has been renewed, upon a motion by the petitioner 50
305	310		filed before the expiration of the current ERPO. Upon a motion for a renewal, the court shall hold 51 General Assembly Of North Carolina Session 2025
306		-	~~Senate Bill 406-First Edition~~ Page 7
	311	+	DRS15167-ML-38 Page 7
307	312		a hearing no later than 10 days after the date the motion is served on the respondent. The court 1
308	313		may renew an ex parte or final ERPO if the court finds by clear and convincing evidence that 2
309	314		there has been no material change in relevant circumstances since entry of the respective ERPO. 3
310	315		The commission of an act of unlawful conduct by the respondent after entry of the current ERPO 4
311	316		is not required for an ERPO to be renewed. If the motion for renewal is uncontested and the 5
312	317		petitioner seeks no modification of the ERPO, the ERPO may be renewed if the petitioner's 6
313	318		motion or affidavit states that there has been no material change in relevant circumstances since 7
314	319		entry of the ERPO and states the reason for the requested renewal. 8
315	320		(d) Expiration Date. – An ERPO expiring on a day the court is not open for business shall 9
316	321		expire in accordance with the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1. 10
317	322		"§ 50E-11. Termination of an Extreme Risk Protection Order. 11
318	323		(a) Motion. – The respondent may request the termination of a final ERPO by filing a 12
319	324		motion with the court. The respondent may submit no more than one motion for termination for 13
320	325		every 12-month period the final ERPO is in effect, starting from the date of the final ERPO and 14
321	326		continuing through any renewals. 15
322	327		(b) Hearing. – Upon receipt of a request for a hearing to terminate a final ERPO, the court 16
323	328		shall set a date for a hearing. Notice of the request for a hearing shall be served on the petitioner 17
324	329		in accordance with Rule 5 of the Rules of Civil Procedure. The court shall set the date for the 18
325	330		hearing no sooner than 10 days and no later than 30 days from the date of service of the request 19
326	331		upon the petitioner. 20
327	332		(c) Burden of Proof; Termination. – The respondent shall have the burden of proving, by 21
328	333		a preponderance of the evidence, that the respondent does not pose a danger of causing physical 22
329	334		harm to self or others by having in his or her care, custody, possession, ownership, or control a 23
330	335		firearm. If the court finds after the hearing that the respondent has met his or her burden, the 24
331	336		court shall terminate the final ERPO. 25
332	337		"§ 50E-12. Notice. 26
333	338		(a) Notice Law Enforcement; Entry into National Database. – The clerk of court shall 27
334	339		deliver on the same day that an ERPO is issued a certified copy of that ERPO to the sheriff of 28
335	340		the county in which the ERPO is issued. Any order extending, modifying, or revoking an ERPO 29
336	341		shall be promptly delivered to the sheriff by the clerk and served in a manner provided for service 30
337	342		of process. The sheriff shall promptly enter the ERPO into the National Crime Information Center 31
338	343		registry and shall provide for access of such orders to the courts on a continuous basis. 32
339	344		Modifications, terminations, renewals, and dismissals of the ERPO shall also be promptly 33
340	345		entered. A copy of the ERPO shall be issued promptly to and retained by the police department 34
341	346		of the municipality of the petitioner's residence. If the petitioner's residence is not located in a 35
342	347		municipality or is in a municipality with no police department, copies shall be issued promptly 36
343	348		to and retained by the sheriff of the county in which the petitioner's residence is located. 37
344	349		(b) Notice to Respondent. – If the respondent was not present in court when the ERPO 38
345	350		was issued, the respondent may be served in the manner provided for service of process in civil 39
346	351		proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If the summons has 40
347	352		not yet been served upon the respondent, it shall be served with the ERPO. Law enforcement 41
348	353		agencies shall accept receipt of copies of the ERPO issued by the clerk of court by electronic 42
349	354		transmission for service on respondents. 43
350	355		(c) Notice to Third Parties. – If the petitioner for an ERPO is a law enforcement officer 44
351	356		or agency, the officer or agency shall provide, or attempt to provide, notice of the petition to any 45
352	357		known third party who may be at risk of unlawful conduct from the respondent. 46
353	358		"§ 50E-13. Prohibition; violation. 47
354	359		(a) Prohibition. – It is unlawful for any person to possess, purchase, or receive, or attempt 48
355	360		to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed 49
356	361		firearms, for so long as an ERPO entered against that person in accordance with this Chapter is 50
357	362		in effect. 51 General Assembly Of North Carolina Session 2025
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359	364		(b) Violation. – A person who violates subsection (a) of this section or any other term of 1
360	365		an ERPO is guilty of a Class A1 misdemeanor. 2
361	366		"§ 50E-14. False statement regarding ERPO a misdemeanor. 3
362	367		A person who knowingly makes a false statement when petitioning for an ERPO under this 4
363	368		Chapter, or who knowingly makes a false statement to a law enforcement agency or officer that 5
364	369		an ERPO entered pursuant to this Chapter remains in effect, is guilty of a Class 1 misdemeanor. 6
365	370		"§ 50E-15. Remedies not exclusive. 7
366	371		The remedies provided by this Chapter are not exclusive but are additional to other remedies 8
367	372		provided under law. 9
368	373		"§ 50E-16. Liability. 10
369	374		Except as provided in G.S. 50E-13 or G.S. 50E-14, this Chapter shall not be interpreted to 11
370	375		impose any criminal or civil liability on any person or entity for acts or omissions related to 12
371	376		obtaining an ERPO, including reporting, declining to report, investigating, declining to 13
372	377		investigate, filing, or declining to file a petition under this Chapter." 14
373	378		SECTION 1.(b) Chapter 15C of the General Statutes reads as rewritten: 15
374	379		"Chapter 15C. 16
375	380		"Address Confidentiality Program. 17
376	381		"§ 15C-1. Purpose. 18
377	382		The purpose of this Chapter is to enable the State and the agencies of North Carolina to 19
378	383		respond to requests for public records without disclosing the location of a petitioner for an 20
379	384		Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or 21
380	385		human trafficking; to enable interagency cooperation in providing address confidentiality for 22
381	386		victims a petitioner for an Extreme Risk Protection Order or a victim of domestic violence, sexual 23
382	387		offense, stalking, or human trafficking; and to enable the State and its agencies to accept a 24
383	388		program participant's use of an address designated by the Office of the Attorney General as a 25
384	389		substitute address. 26
385	390		"§ 15C-2. Definitions. 27
386	391		The following definitions apply in this Chapter: 28
387	392		… 29
388	393		(2) Address Confidentiality Program or Program. – A program in the Office of 30
389	394		the Attorney General to protect the confidentiality of the address of an ERPO 31
390	395		petitioner or a relocated victim of domestic violence, sexual offense, or 32
391	396		stalking to prevent the petitioner's or victim's assailants or potential assailants 33
392	397		from finding the petitioner or victim through public records. 34
393	398		… 35
394	399		(5a) ERPO petitioner. – The person who petitions for an Extreme Risk Protection 36
395	400		Order under Chapter 50E of the General Statutes. 37
396	401		… 38
397	402		"§ 15C-3. Address Confidentiality Program. 39
398	403		The General Assembly establishes the Address Confidentiality Program in the Office of the 40
399	404		Attorney General to protect the confidentiality of the address of an ERPO petitioner or a relocated 41
400	405		victim of domestic violence, sexual offense, stalking, or human trafficking to prevent the 42
401	406		petitioner's or victim's assailants or potential assailants from finding the petitioner or victim 43
402	407		through public records. Under this Program, the Attorney General shall designate a substitute 44
403	408		address for a program participant and act as the agent of the program participant for purposes of 45
404	409		service of process and receiving and forwarding first-class mail or certified or registered mail. 46
405	410		The Attorney General shall not be required to forward any mail other than first-class mail or 47
406	411		certified or registered mail to the program participant. The Attorney General shall not be required 48
407	412		to track or otherwise maintain records of any mail received on behalf of a program participant 49
408	413		unless the mail is certified or registered mail. 50
409	414		"§ 15C-4. Filing and certification of applications; authorization card. 51 General Assembly Of North Carolina Session 2025
410		-	~~Senate Bill 406-First Edition~~ Page 9
	415	+	DRS15167-ML-38 Page 9
411	416		(a) An individual who wants to participate in the Address Confidentiality Program shall 1
412	417		file an application with the Attorney General with the assistance of an application assistant. Any 2
413	418		of the following individuals may apply to the Attorney General to have an address designated by 3
414	419		the Attorney General to serve as the substitute address of the individual: 4
415	420		(1) An adult individual. 5
416	421		(2) A parent or guardian acting on behalf of a minor when the minor resides with 6
417	422		the individual. 7
418	423		(3) A guardian acting on behalf of an incapacitated individual. 8
419	424		(b) The application shall be dated, signed, and verified by the applicant and shall be 9
420	425		signed by the application assistant who assisted in the preparation of the application. 10
421	426		(c) The application shall contain all of the following: 11
422	427		(1) A statement by the applicant that the applicant is an ERPO petitioner or a 12
423	428		victim of domestic violence, sexual offense, stalking, or human trafficking 13
424	429		and that the applicant fears for the applicant's safety or the safety of the 14
425	430		applicant's child. 15
426	431		(2) Evidence Except for an applicant that is an ERPO petitioner, evidence that the 16
427	432		applicant is a victim of domestic violence, sexual offense, stalking, or human 17
428	433		trafficking. For an applicant that is an ERPO petitioner, evidence that the 18
429	434		applicant is at risk from violence or other unlawful conduct from the 19
430	435		respondent in a petition filed under Chapter 50E of the General Statutes. This 20
431	436		evidence may include any of the following: 21
432	437		a. Law enforcement, court, or other federal or state agency records or 22
433	438		files. 23
434	439		b. Documentation from a domestic violence program if the applicant is 24
435	440		alleged to be a victim of domestic violence. 25
436	441		c. Documentation from a religious, medical, or other professional from 26
437	442		whom the applicant has sought assistance in dealing with the alleged 27
438	443		domestic violence, sexual offense, or stalking. 28
439	444		d. Documentation submitted to support a victim of human trafficking's 29
440	445		application for federal assistance or benefits under federal human 30
441	446		trafficking laws. 31
442	447		… 32
443	448		(4) A Except for an applicant that is an ERPO petitioner, a statement by the 33
444	449		applicant that the applicant has or will confidentially relocate in North 34
445	450		Carolina. 35
446	451		… 36
447	452		(7) The address that the applicant requests not to be disclosed by the Attorney 37
448	453		General that directly relates to the increased risk of domestic violence, sexual 38
449	454		offense, or stalking.stalking, or other unlawful conduct. 39
450	455		…." 40
451	456		SECTION 1.(c) Development of Forms. – The Administrative Office of the Courts 41
452	457		shall develop the appropriate forms to implement the processes provided under Chapter 50E of 42
453	458		the General Statutes, as enacted by this section. 43
454	459		SECTION 1.(d) Section 1 Effective Date. – This section becomes effective October 44
455	460		1, 2025. 45
456	461		SECTION 2.(a) G.S. 50B-3.1(d) reads as rewritten: 46
457	462		"(d) Surrender. – Upon service of the order, the defendant shall immediately surrender to 47
458	463		the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 48
459	464		and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 49
460	465		control of the defendant. In the event that weapons cannot be surrendered at the time the order is 50
461	466		served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 51 General Assembly Of North Carolina Session 2025
462		-	Page 10 ~~Senate Bill 406-First Edition~~
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463	468		24 hours of service at a time and place specified by the sheriff. If the defendant fails to surrender 1
464	469		the firearms, ammunitions, and permits to the sheriff within 24 hours of service, the court shall 2
465	470		order the sheriff to seize the firearms, ammunitions, and permits. The sheriff shall store the 3
466	471		firearms or contract with a licensed firearms dealer to provide storage. 4
467	472		(1) If the court orders the defendant to surrender firearms, ammunition, and 5
468	473		permits, the court shall inform the plaintiff and the defendant of the terms of 6
469	474		the protective order and include these terms on the face of the order, including 7
470	475		that the defendant is prohibited from possessing, purchasing, or receiving or 8
471	476		attempting to possess, purchase, or receive a firearm for so long as the 9
472	477		protective order or any successive protective order is in effect. The terms of 10
473	478		the order shall include instructions as to how the defendant may request 11
474	479		retrieval of any firearms, ammunition, and permits surrendered to the sheriff 12
475	480		when the protective order is no longer in effect. The terms shall also include 13
476	481		notice of the penalty for violation of G.S. 14-269.8. 14
477	482		(2) The sheriff may charge the defendant a reasonable fee for the storage of any 15
478	483		firearms and ammunition taken pursuant to a protective order. The fees are 16
479	484		payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 17
480	485		the county finance officer. The fees shall be used by the sheriff to pay the costs 18
481	486		of administering this section and for other law enforcement purposes. The 19
482	487		county shall expend the restricted funds for these purposes only. The sheriff 20
483	488		shall not release firearms, ammunition, or permits without a court order 21
484	489		granting the release. The defendant must remit all fees owed prior to the 22
485	490		authorized return of any firearms, ammunition, or permits. The sheriff shall 23
486	491		not incur any civil or criminal liability for alleged damage or deterioration due 24
487	492		to storage or transportation of any firearms or ammunition held pursuant to 25
488	493		this section." 26
489	494		SECTION 2.(b) Section 2 Effective Date. – This section is effective when it becomes 27
490	495		law and applies to orders issued on or after that date. 28
491	496		SECTION 3. Act Effective Date. – Except as otherwise provided, this act is effective 29
492	497		when it becomes law. 30