GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2013

H                                                                                                                                                   3

HOUSE BILL 618

Committee Substitute Favorable 6/27/13

Committee Substitute #2 Favorable 7/24/13

 

Short Title:        Amend Firearm Restoration Law.

(Public)

Sponsors:

 

Referred to:

 

April 10, 2013

A BILL TO BE ENTITLED

AN ACT to restore the firearms rights of certain persons who were convicted of nonviolent felonies before December 1, 1995, and whose firearms rights had been restored before december 1, 1995, and to increase the fee to petition for the restoration of firearms rights.

The General Assembly of North Carolina enacts:

SECTION 1.  G.S. 14‑415.1 is amended by adding a new subsection to read:

"(f)       This section does not apply to, there is no disentitlement under this section for, and the firearms rights as defined in 14‑415.4 are restored to any person who satisfies all of the following criteria:

(1)        The person's firearms rights were restored prior to December 1, 1995, and the forfeiture of the person's firearms rights after December 1, 1995, occurred only because amendments to G.S. 14‑415.1, enacted by S.L. 1995‑487 and applicable to any person convicted of a felony before December 1, 1995, became effective.

(2)        The person's felony convictions prior to December 1, 1995, are only for nonviolent felonies as defined in G.S. 14‑415.4.

(3)        The person has not been convicted of any subsequent felony on or after December 1, 1995, that would require forfeiture of the person's firearms rights and cause the person to be disentitled under this section."

SECTION 2.  G.S. 14‑415.4(k) reads as rewritten:

"(k)      Fee. – A person who files a petition for restoration of firearms rights under this section shall pay the clerk of court a fee of two hundred dollars ($200.00) two hundred fifty dollars ($250.00) at the time the petition is filed. Fees collected under this subsection shall be deposited in the General Fund. This subsection does not apply to petitions filed by an indigent."

SECTION 3.  This act becomes effective October 1, 2013.