North Carolina SB 406: Allow ERPOs to Prevent Suicides and Save Lives.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
S 1
SENATE BILL 406

Short Title: Allow ERPOs to Prevent Suicides & Save Lives. (Public)
Sponsors: Senators Mayfield and Bradley (Primary Sponsors).
Referred to: Rules and Operations of the Senate
March 25, 2025
*S406-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE THE ISSUANCE OF AN EXTREME RISK PROTECTION 2
ORDER TO RESTRICT TEMPORARILY A PERSON'S ACCESS TO FIREARMS IF 3
THERE IS EVIDENCE THAT THE PERSON POSES A DANGER OF PHYSICAL HARM 4
TO SELF OR OTHERS AND TO REQUIRE A COURT TO ORDER THE SEIZURE OF 5
ANY FIREARM, AMMUNITION, OR PERMITS A DEFENDANT FAILS TO 6
SURRENDER AFTER THE ISSUANCE OF AN EMERGENCY OR EX PARTE 7
DOMESTIC VIOLENCE PROTECTIVE ORDER. 8
The General Assembly of North Carolina enacts: 9
SECTION 1.(a) The General Statutes are amended by adding a new Chapter to read: 10
"Chapter 50E. 11
"Extreme Risk Protection Orders. 12
"§ 50E-1. Title of Chapter. 13
This Chapter may be cited as the "Extreme Risk Protection Orders Act." 14
"§ 50E-2. Purpose. 15
The purpose of this Chapter is to reduce gun deaths and injuries, while respecting 16
constitutional rights, by providing a court procedure for concerned citizens and law enforcement 17
to obtain an order temporarily restricting a person's access to firearms. The court orders 18
authorized under this Chapter are intended to be limited to situations in which the person poses 19
a significant danger of harming themselves or others by possessing a firearm and include 20
standards and safeguards to protect the rights of respondents and due process of law. 21
"§ 50E-3. Definitions. 22
The following definitions apply in this Chapter: 23
(1) Extreme Risk Protection Order or ERPO. – An order granted under this 24
Chapter, which includes a remedy authorized under G.S. 50E-6. 25
(2) Family or household member. – Any of the following: 26
a. A person related by blood, marriage, or adoption to the respondent. 27
b. A person who is in a dating relationship, or has been in a dating 28
relationship, with the respondent. For purposes of this 29
sub-subdivision, a dating relationship is one wherein the parties are 30
romantically involved over time and on a continuous basis during the 31
course of the relationship, but is not any of the following: 32
1. A casual acquaintance. 33
2. Ordinary fraternization between persons in a business or social 34
context. 35

General Assembly Of North Carolina Session 2025
Page 2 Senate Bill 406-First Edition
3. A dating relationship that ended more than one year before the 1
date the petitioner filed a petition for an ERPO under this 2
Chapter. 3
c. A person who has a child in common with the respondent, regardless 4
of whether the person has been married to the respondent or has lived 5
together with the respondent at any time. 6
d. A domestic partner of the respondent. 7
e. A person who has a biological or legal parent-child relationship with 8
the respondent, including stepparents, stepchildren, grandparents, and 9
grandchildren. 10
f. A person who is acting or has acted as the respondent's legal guardian. 11
(3) Firearm. – Any weapon, including a starter gun, which will or is designed to 12
or may readily be converted to expel a projectile by the action of an explosive, 13
or its frame or receiver. 14
"§ 50E-4. Commencement of action. 15
(a) Petition. – Any of the following may file a verified petition in district court for an 16
ERPO: 17
(1) A family or household member. 18
(2) A current or former spouse or dating partner. 19
(3) A law enforcement officer or agency. 20
(4) A health care provider. 21
(b) Venue. – A petition for an ERPO is governed by G.S. 1-82. 22
(c) Required Information in Petition. – A petition for an ERPO under this Chapter shall 23
include all of the following: 24
(1) An allegation that the respondent poses a danger of physical harm to self or 25
others by having in his or her care, custody, possession, ownership, or control 26
a firearm. If the petitioner is seeking an ex parte ERPO, the petition shall 27
include an allegation that the respondent poses an imminent danger of physical 28
harm to self or others by having in his or her care, custody, possession, 29
ownership, or control a firearm. The allegation required under this subdivision 30
shall include facts to support the allegation. 31
(2) An identification, to the best of the petitioner's knowledge, of the number, 32
types, and locations of firearms under the respondent's custody or control. 33
(3) An identification of any existing protection order under State law governing 34
the respondent. 35
(4) An identification of any pending lawsuits, complaints, petitions, or other 36
actions between the petitioner and the respondent. 37
(d) Verification of Terms of Existing Orders. – The clerk of court shall verify the terms 38
of any existing protection orders governing the petitioner and respondent. The court shall not 39
delay or deny granting relief because of the existence of a pending action between