North Carolina 2025-2026 Regular Session

North Carolina House Bill HB1208

Caption

House Bill 1208

Summary

House Bill 1208, titled the Community Safety Risk Protection Act, creates two related firearm-restriction frameworks. First, it amends the civil no-contact order process in Chapter 50C to require courts to order surrender of firearms, ammunition, and firearm permits when certain risk factors are present, such as threats or use of a deadly weapon, threats of suicide, or serious injury to the victim. It also sets out procedures for sheriff storage, retrieval, third-party ownership claims, disposal of unclaimed firearms, and criminal penalties for violating the surrender and possession restrictions. Second, the bill creates a new Chapter 50E establishing Individual Risk Protection Orders (IRPOs), a court process allowing certain petitioners, including law enforcement and specified health professionals or family members, to seek temporary firearm restrictions against a person alleged to pose a danger to self or others. The bill authorizes ex parte and final orders, requires hearings on short timelines, provides for firearm surrender, background-check-based retrieval, renewal, termination, confidentiality protections, and annual reporting by the Administrative Office of the Courts. It also expands the Address Confidentiality Program to cover IRPO petitioners and requires the AOC to create forms and a statewide information-sharing system, with a small appropriation for implementation.

Impact

The bill would significantly expand North Carolina law governing firearm surrender and temporary firearm disqualification in protective-order contexts. It amends G.S. 14-269.8 to make firearm possession, purchase, or receipt unlawful not only for persons subject to domestic violence protective orders, but also for persons subject to civil no-contact orders under Chapter 50C and IRPOs under new Chapter 50E, with violations punishable as a Class H felony for protective-order violations and a Class A1 misdemeanor for IRPO violations. It also adds new duties for sheriffs, clerks, courts, and the Administrative Office of the Courts, including storage, NICS checks, notice, recordkeeping, confidentiality, reporting, and statewide coordination, and it appropriates $10,000 for implementation support.

Sentiment

Based on the bill text and the absence of recorded committee debate or votes in the provided materials, the bill appears to be framed as a public-safety and suicide-prevention measure with procedural safeguards intended to protect due process and constitutional rights. The stated purpose of the IRPO chapter emphasizes reducing gun deaths and injuries while limiting the remedy to cases involving significant danger. The overall structure suggests support for targeted intervention, though the lack of transcripts means no formal sentiment from legislators can be directly measured from the provided record.

Contention

The main points of potential contention are likely to be the expansion of firearm restrictions beyond domestic violence orders, the use of ex parte relief, and the breadth of who may petition for an IRPO, including law enforcement, judicial officials, and certain medical or mental health professionals or family members. Other likely concerns include due-process protections, confidentiality of records, the role of sheriffs in storage and disposal, and the criminal penalties for noncompliance or false statements. Supporters would likely emphasize prevention of harm and suicide, while opponents may focus on Second Amendment implications, the risk of overbroad or mistaken deprivation, and the administrative burden on courts and sheriffs.

Companion Bills

No companion bills found.

Previously Filed As

NC HB166

House Bill 166 (=S406)

NC HB732

House Bill 732

NC HB674

House Bill 674

NC H1208

Community Safety Risk Protection Act

NC H166

Allow ERPOs to Prevent Suicides & Save Lives

NC S406

Allow ERPOs to Prevent Suicides & Save Lives

NC HB583

House Bill 583

NC H206

Mod. Gun Retrieval - DVOs/Juvenile 911 Calls

NC H732

Common Sense Gun Regulations

NC HB1210

House Bill 1210

Similar Bills

No similar bills found.