North Carolina HB 1208: Community Safety Risk Protection Act.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 1208

Short Title: Community Safety Risk Protection Act. (Public)
Sponsors: Representative Budd.
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
May 5, 2026
*H1208-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO REQUIRE THE SURRENDER OF FIREARMS BY A RESPONDENT UPON 2
THE ISSUANCE OF A CIVIL NO-CONTACT ORDER, AND TO AUTHORIZE THE 3
ISSUANCE OF AN INDIVIDUAL RISK PROTECTION ORDER TO RESTRICT A 4
PERSON'S ACCESS TO FIREARMS IF THE PERSON POSES A DANGER OF 5
PHYSICAL HARM TO SELF OR OTHERS. 6
The General Assembly of North Carolina enacts: 7
8
SURRENDER OF FIREARMS UPON ISSUANCE OF CIVIL NO-CONTACT ORDER 9
SECTION 1.(a) Chapter 50C of the General Statutes is amended by adding a new 10
section to read: 11
"§ 50C-9.1. Surrender and disposal of firearms; violations; exemptions. 12
(a) Required Surrender of Firearms. – Upon issuance of an emergency or ex parte order 13
pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, 14
machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms 15
that are in the care, custody, possession, ownership, or control of the defendant if the court finds 16
any of the following factors: 17
(1) The use or threatened use of a deadly weapon by the defendant or a pattern of 18
prior conduct involving the use or threatened use of violence with a firearm 19
against persons. 20
(2) Threats to seriously injure or kill the victim. 21
(3) Threats to commit suicide by the defendant. 22
(4) Serious injuries inflicted upon the victim. 23
(b) Ex Parte or Emergency Hearing. – The court shall inquire of the complainant, at the 24
ex parte or emergency hearing, the presence of, ownership of, or otherwise access to firearms by 25
the respondent, as well as ammunition, permits to purchase firearms, and permits to carry 26
concealed firearms, and include, whenever possible, identifying information regarding the 27
description, number, and location of firearms, ammunition, and permits in the order. 28
(c) Ten-Day Hearing. – The court, at the 10-day hearing, shall inquire of the respondent 29
the presence of, ownership of, or otherwise access to firearms by the respondent, as well as 30
ammunition, permits to purchase firearms, and permits to carry concealed firearms, and include, 31
whenever possible, identifying information regarding the description, number, and location of 32
firearms, ammunition, and permits in the order. 33
(d) Surrender. – Upon service of the order, the respondent shall immediately surrender to 34
the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 1208-First Edition
and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 1
control of the respondent. In the event that weapons cannot be surrendered at the time the order 2
is served, the respondent shall surrender the firearms, ammunitions, and permits to the sheriff 3
within 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the 4
firearms or contract with a licensed firearms dealer to provide storage. 5
(1) If the court orders the respondent to surrender firearms, ammunition, and 6
permits, the court shall inform the complainant and the respondent of the terms 7
of the protective order and include these terms on the face of the order, 8
including that the respondent is prohibited from possessing, purchasing, or 9
receiving or attempting to possess, purchase, or receive a firearm for so long 10
as the protective order or any successive protective order is in effect. The 11
terms of the order shall include instructions as to how the respondent may 12
request retrieval of any firearms, ammunition, and permits surrendered to the 13
sheriff when the protective order is no longer in effect. The terms shall also 14
include notice of the penalty for violation of G.S. 14-269.8. 15
(2) The sheriff may charge the respondent a reasonable fee for the storage of any 16
firearms and ammunition taken pursuant to a protective order. The fees are 17
payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 18
the county finance officer. The fees shall be used by the sheriff to pay the costs 19
of administering this section and for other law enforcement purposes. The 20
county shall expend the restricted funds for these purposes only. The sheriff 21
shall not release firearms, ammunition, or permits without a court order 22
granting the release, unless release without a court order is authorized 23
pursuant to subsection (e) of this section. The respondent must remit all fees 24
owed prior to the authorized return of any firearms, ammunition, or permits. 25
The sheriff shall not incur any civil or crimina