North Carolina HB 583: Law Enforcement/Destroy Certain Firearms.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 583

Short Title: Law Enforcement/Destroy Certain Firearms. (Public)
Sponsors: Representatives Morey, Rubin, Lopez, and Clark (Primary Sponsors).
For a complete list of sponsors, refer to the North Carolina General Assembly web site.
Referred to: Rules, Calendar, and Operations of the House
April 1, 2025
*H583-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE LAW ENFORCEMENT AGENCIES TO DESTROY 2
UNCLAIMED FIREARMS, FIREARMS CONFISCATED AFTER CONVICTION OF 3
CERTAIN OFFENSES, AND FIREARMS PURCHASED BY OR VOLUNTARILY 4
SURRENDERED TO THE LAW ENFORCEMENT AGENCY. 5
Whereas, State law passed in 2013 prohibits law enforcement from destroying 6
firearms when they obtain guns in the course of a criminal investigation; and 7
Whereas, a 2023 report found that police departments have seized and store more than 8
74,000 firearms in warehouses; and 9
Whereas, some individual police stations store, track, and maintain more than 10,000 10
firearms that were used in crimes; and 11
Whereas, the cost to store and maintain these weapons is placed on the police 12
departments; and 13
Whereas, many police departments in North Carolina do not want to sell firearms 14
back into circulation because they will see them again used in other crimes; and 15
Whereas, stockpiling firearms and not allowing for destruction creates the risk of 16
accidental discharge, potential injury, and gun theft from storage units; Now, therefore, 17
The General Assembly of North Carolina enacts: 18
SECTION 1. G.S. 15-11.1(b1) reads as rewritten: 19
"(b1) Notwithstanding subsections (a) and (b) of this section or any other provision of law, 20
if the property seized is a firearm and the district attorney determines the firearm is no longer 21
necessary or useful as evidence in a criminal trial, the firearm shall be returned to the defendant 22
if the district attorney knows or believes the defendant is the sole party with an ownership or 23
possessory interest in the firearm and the defendant is not otherwise ineligible to possess the 24
firearm. If the district attorney determines the firearm is no longer necessary or useful as evidence 25
in a criminal trial and knows or believes there are multiple parties who may have an ownership 26
or possessory interest in the firearm, the district attorney, after notice to all parties known or 27
believed by the district attorney to have an ownership or a possessory interest in the firearm, 28
including the defendant, shall apply to the court for an order of disposition of the firearm. The 29
judge, after hearing, may order the disposition of the firearm in one of the following ways: 30
(1) By ordering the firearm returned to its rightful owner, when the rightful owner 31
is someone other than the defendant and upon findings by the court (i) that the 32
person, firm, or corporation determined by the court to be the rightful owner 33
is entitled to possession of the firearm and (ii) that the person, firm, or 34
corporation determined by the court to be the rightful owner of the firearm 35

General Assembly Of North Carolina Session 2025
Page 2 House Bill 583-First Edition
was unlawfully deprived of the same or had no knowledge or reasonable belief 1
of the defendant's intention to use the firearm unlawfully. 2
(2) By ordering the firearm returned to the defendant, but only if the defendant is 3
not convicted of any criminal offense in connection with the possession or use 4
of the firearm, the defendant is the rightful owner of the firearm, and the 5
defendant is not otherwise ineligible to possess such firearm. 6
(3) By ordering the firearm turned over to be destroyed by the sheriff of the county 7
in which the firearm was seized or by his duly authorized agent if the firearm 8
does not have a legible, unique identification number or is unsafe for use 9
because of wear, damage, age, or modification. The sheriff any law 10
enforcement agency in the county of trial. The receiving law enforcement 11
agency shall maintain a record of the destruction of the firearm. 12
(4) By ordering the firearm turned over to a law enforcement agency in the county 13
of trial for (i) the official use of the agency or (ii) sale, trade, or exchange by 14
the agency to a federally licensed firearm dealer in accordance with all 15
applicable State and federal firearm laws. The court may order a disposition 16
of the firearm pursuant to this subdivision only if the firearm has a legible, 17
unique identification number. If the law enforcement agency sells the firearm, 18
then the proceeds of the sale shall be remitted to the appropriate county 19
finance officer as provided by G.S. 115C-452 to be used to maintain free 20
public schools. agency. The receiving law enforcement agency shall maintain 21
a record and inventory of all firearms received pursuant to this subdivision. 22
This subsection (b1) is not applicable to seizures pursuant to G.S. 113-137 of firearms used 23
only