Community Safety Risk Protection Act.

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 TH E SURRENDER OF FIREA RMS BY A RESPONDENT UPON 2
THE ISSUANCE OF A CI VIL NO -CONTACT ORDER , AND TO AUTHORIZE T HE 3
ISSUANCE OF AN INDIV IDUAL RISK PROTECTIO N ORDER TO RESTRICT A 4
PERSON'S ACCESS TO F IREARMS IF THE PERSO N 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
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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 th e 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 or der 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 fee s 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 releas e 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 fire arms, ammunition, or permits. 25
The sheriff shall not incur any civil or criminal liability for alleged damage or 26
deterioration due to storage or transportation of any firearms or ammunition 27
held pursuant to this section. 28
(e) Retrieval. – Unless the court fi nds that the respondent is precluded from owning or 29
possessing a firearm pursuant to State or federal law or final disposition of any pending criminal 30
charges committed against the person that is the subject of the current civil no-contact order, the 31
respondent may retrieve any weapons surrendered to the sheriff without additional order of the 32
court upon the occurrence of one of the following conditions: 33
(1) The court does not enter a permanent civil no-contact order when the ex parte 34
or emergency order expires. 35
(2) The civil no-contact order is denied by the court following a hearing. 36
Prior to release of any firearms to the respondent pursuant to this subsection, the sheriff shall 37
verify through a criminal history check conducted through the National I nstant Criminal 38
Background Check System (NICS) that the respondent is not prohibited from possessing or 39
receiving a firearm pursuant to 18 U.S.C. § 922 or any State law and the respondent does not 40
have any pending criminal charges committed against the person that is the subject of the current 41
civil no-contact order or pending charges that, if convicted, would prohibit the respondent from 42
possessing a firearm. 43
(f) Motion for Return by Respondent. – The respondent may request the return of any 44
firearms, ammunition, or permits surrendered by filing a motion with the court at the expiration 45
of the current order or final disposition of any pending criminal charges committed against the 46
person that is the subject of the current civil no-contact order and not later than 90 days after the 47
expiration of the current order or final disposition of any pending criminal charges committed 48
against the person that is the subject of the current civil no-contact order. Upon receipt of the 49
motion, the court s hall schedule a hearing and provide written notice to the complainant who 50
shall have the right to appear and be heard and to the sheriff who has control of the firearms, 51
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House Bill 1208-First Edition Page 3
ammunition, or permits. The court shall determine whether the respondent is subject to any State 1
or federal law or court order that precludes the respondent from owning or possessing a firearm. 2
The inquiry shall include: 3
(1) Whether the civil no-contact order has been renewed. 4
(2) Whether the respondent is subject to any other protective orders. 5
(3) Whether the respondent is disqualified from owning or possessing a firearm 6
pursuant to 18 U.S.C. § 922 or any State law. 7
(4) Whether the respondent has any pending criminal charges, in either State or 8
federal court, committed against the person that is the subject of the current 9
civil no-contact order. 10
The court shall deny the return of firearms, ammunition, or permits if the court finds that the 11
respondent is precluded from owning or possessing a firearm pursuant to State or federal law or 12
if the respondent has any pending criminal charges, in either State or federal court, committed 13
against the person that is the subject of the current civil no-contact order until the final disposition 14
of those charges. 15
(g) Motion for Return by Third -Party Owner. – A third -party owner of firearms, 16
ammunition, or permits who is otherwise eligible to possess such items may file a motion 17
requesting the return to said third party of any such items in the possession of the sheriff seized 18
as a result of the entry of a civil no-contact order. The motion may be filed at any time following 19
the seizure of the items by the sheriff prior to their disposal pursuant to subsection (h) of this 20
section. Upon receipt of the third party 's motion, the court shall schedule a hearing and provide 21
written notice to all parties and the sheriff. The court shall order return of the items to the third 22
party unless the court determines that the third party is disqualified from owning or possessing 23
said items pursuant to State or federal law. If the court denies the return of said items to the third 24
party, the items shall be disposed of by the sheriff as provided in subsection (h) of this section. 25
(h) Disposal of Firearms. – After notice to the respondent and all parties known or 26
believed to have an ownership o r possessory interest in the firearm, including any third -party 27
owner, the sheriff who has control of the firearms, ammunition, or permits may apply to the court 28
for an order of disposition of the firearms, ammunition, or permits under any of the following 29
circumstances: 30
(1) Both of the following criteria are met: 31
a. The respondent or third-party owner has not filed a motion requesting 32
the return of any firearms, ammunition, or permits surrendered within 33
90 days after the expiration of the current order or final disposition of 34
any pending criminal charges committed against the person that is the 35
subject of the current civil no-contact order. 36
b. The respondent has not retrieved the firearms pursuant to subsection 37
(e) of this section within 90 days after the e xpiration of the current 38
order or final disposition of any pending criminal charges committed 39
against the person that is the subject of the current civil no-contact 40
order. 41
(2) The court has determined that the respondent or third-party owner is precluded 42
from regaining possession of any firearms, ammunition, or permits 43
surrendered. 44
(3) The respondent or third-party owner fails to remit all fees owed for the storage 45
of the firearms or ammunition within 30 days of either (i) the entry of the order 46
granting the return of the firearms, ammunition, or permits, or (ii) a request to 47
retrieve the firearms, ammunition, or permits pursuant to subsection (e) of this 48
section. 49
The judge, after a hearing, may order the disposition of the firearms, 50
ammunition, or permits i n one or more of the ways authorized by law, 51
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including subdivision (4), (4b), (5), or (6) of G.S. 14-269.1. If a sale by the 1
sheriff does occur, any proceeds from the sale after deducting any costs 2
associated with the sale, and in accordance with all applicable State and 3
federal law, shall be provided to the respondent or any known third -party 4
owner if re quested by the respondent or any known third -party owner by 5
motion made before the hearing or at the hearing and if ordered by the judge. 6
(i) Prohibitions. – It is unlawful for any person subject to a civil no -contact order 7
prohibiting the possession or purchase of firearms to do any of the following: 8
(1) Fail to surrender all firearms, ammunition, permits to purchase firearms, and 9
permits to carry concealed firearms to the sheriff as ordered by the court. 10
(2) Fail to disclose all information pertaining to the possession of firearms, 11
ammunition, and permits to purchase and permits to carry concealed firearms 12
as requested by the court. 13
(3) Provide false information to the court pertaining to any of these items. 14
(j) Violations. – In accordance with G.S. 14-269.8, it is unlawful for any person to 15
possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, as defined in 16
G.S. 14-409.39(2), machine gun, ammunition, or permits to purchase or carry concealed firearms 17
if ordered by the court for so long as that civil no-contact order or any successive civil no-contact 18
order entered against that person pursuant to this Chapter is in effect. Any respondent violating 19
the provisions of this section shall be guilty of a Class H felony. 20
(k) Official Use Exemption. – This section shall not prohibit law enforcement officers 21
and members of any branch of the Armed Forces of the United States, not otherwise prohibited 22
under federal law, from possessing or using firearms for official use only. 23
(l) Additional Relief. – Nothing in this section is intended to limit the discretion of the 24
court in granting additional relief as provided in other sections of this Chapter." 25
SECTION 1.(b) G.S. 14-269.8 reads as rewritten: 26
"§ 14 -269.8. Purchase or possessio n of firearms by person subject to domestic 27
violenceprotective order prohibited. 28
(a) In accordance with G.S. 50B-3.1,G.S. 50B-3.1, 50C-9.1, or 50E-9, it is unlawful for 29
any person to possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, 30
as defined in G.S. 14-409.39(2), machine gun, ammunition, or permits to purchase or carry 31
concealed firearms if ordered by the court for so long as that protective order or any successive 32
protective order entered against that person pursuant to Chapter 50B50B, 50C, or 50E of the 33
General StatutesStatutes, as applicable, is in effect. 34
(b) Any person violating the provisions of this section shall be guilty of a Class H felony." 35
SECTION 1.(c) This section becomes effective December 1, 2026, and applies to 36
civil no-contact orders issued on or after that date. 37
38
AUTHORIZE THE ISSUANCE OF AN INDIVIDUAL RISK PROTECTION ORDER 39
SECTION 2.(a) The General Statutes are amended by adding a new Chapter to read: 40
"Chapter 50E. 41
"Individual Risk Protection Orders. 42
"§ 50E-1. Title of Chapter. 43
This Chapter may be cited as the "Individual Risk Protection Orders Act." 44
"§ 50E-2. Purpose. 45
The purpose of this Chapter is to reduce gun deaths and injuries, while respecting 46
constitutional rights, by providing a court procedure for concerned citizens and law enforcement 47
to obtain an order temporarily restricting a person 's access to firearms. The court orders 48
authorized under this Chapter are intended to be limited to situations in which the person poses 49
a significant danger of harming themselves or others by possessing a firearm and include 50
standards and safeguards to protect the rights of respondents and due process of law. 51
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"§ 50E-3. Definitions. 1
The following definitions apply in this Chapter: 2
(1) Firearm. – Any weapon, including a starter gun, which will or is designed to 3
or may readily be converted to expel a projectile by the action of an explosive, 4
or its frame or receiver. 5
(2) Individual Risk Protection Order or IRPO. – An order granted under this 6
Chapter, which includes a remedy authorized under G.S. 50E-6. 7
"§ 50E-4. Commencement of action. 8
(a) Petition. – Any of the following may file a verified petition in district court for an 9
IRPO: 10
(1) The head of a law enforcement officer or agency, or his or her designee. 11
(2) A judicial official. 12
(3) A licensed physician, licensed psychiatrist, licensed psychologist, registered 13
nurse, licensed clinical social worker, certified clinical nurse specialist, 14
certified nurse practitioner, licensed clinical marriage and family therapist, 15
registered professional nurse, licensed master social worker , or licensed 16
mental health counselor, who has treated the person again st whom the IRPO 17
is sought, or a family member of the person against whom the IRPO is sought, 18
in the six months immediately preceding the filing of the petition. 19
(b) Venue. – A petition for an IRPO is governed by G.S. 1-82. 20
(c) Required Information in Petition. – A petition for an IRPO under this Chapter shall 21
include all of the following: 22
(1) An allegation that the respondent poses a danger of physical harm to self or 23
others by having in his or her custody or control, owning, purchasing, 24
possessing, or receiving a firearm . If the petition er is seeking a n ex parte 25
IRPO, the petition shall include an allegation that the respondent poses an 26
imminent danger of physical harm to self or others by having in his or her 27
care, custody, possession, ownership, or control a firearm. The allegation 28
required under this subdivision shall include facts to support the allegation. 29
(2) An identification, to the best of the petitioner 's knowledge, of the number, 30
types, and locations of firearms in the respondent 's custody, possession, 31
ownership, or control. 32
(3) An identification of any existing protect ive order or civil no -contact order 33
under State law governing the respondent. 34
(4) An identificatio n of any pending lawsuits, complaints, petitions, or other 35
actions between the petitioner and the respondent. 36
(d) Verification of Terms of Existing Orders. – The clerk of court shall verify the terms 37
of any existing protecti ve orders or civil no -contact orders governing the petitioner and 38
respondent. The court shall not delay or deny granting relief because of the existence of a pending 39
action between the petitioner and respondent or the necessity of verifying the terms of an existing 40
protection order or civil no-contact order. 41
(e) Nondisclosure of Address. – A petitioner with a current and valid Add ress 42
Confidentiality Program authorization card issued pursuant to the provisions of Chapter 15C of 43
the General Statutes may use the substitute address designated by the Address Confidentiality 44
Program when filing with the court any document required under this Chapter . If a petitioner 45
does not have a current and valid Address Confidentiality Program authorization card, but 46
submits to the court a copy of a protective order without attachments, if any, issued to the 47
petitioner under G.S. 50B-3 or a lawful order of any court of competent jurisdiction restricting 48
the access or contact of one or more persons with the petitioner, accompanied by a signed 49
statement that the petitioner has good reason to believe that the physical safety of the petitioner 50
or a member of the petitioner's family residing with the petitioner would be jeopardized if the 51
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petitioner's address were open to pu blic inspection, that petitioner's address shall be kept 1
confidential. 2
(f) Court Costs. – No court costs shall be assessed for the filing or service of the petition, 3
or the service of any IRPOs. 4
(g) Electronic Filing and Confidentiality. – All documents filed, issued, registered, or 5
served in an action under this Chapter relating to an IRPO may be filed electronically. All 6
documents filed, issued, registered, or served in an action under this Chapter shall be withheld 7
from public inspection and, except as otherwise provided in this subsection, may be examined 8
only by order of the court. The following persons may examine the records described in this 9
subsection and obtain copies of the records without an order of the court: 10
(1) The person who filed the petition for the IRPO. 11
(2) The person against whom the IRPO is sought. 12
(3) A family member of the person against whom the IRPO is sought. 13
(h) Report. – Beginning December 1, 202 6, and occurring annually thereafter, the 14
Administrative Office of the Courts shall submit a report to the Joint Legislative Oversight 15
Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the 16
following information: 17
(1) The number of petitions filed under this Chapter during the prior calendar 18
year. 19
(2) The number of ex parte IRPOs issued during the prior calendar year. 20
(3) The number of ex parte IRPOs the court s declined to issue during the prior 21
calendar year and justification for why each was declined. 22
(4) The number of final IRPOs issued during the prior calendar year. 23
(5) The number of final IRPOs the courts declined to issue during the prior 24
calendar year and justification for why each was declined. 25
"§ 50E-5. Process. 26
(a) Summons Required. – Except as otherwise provided in G.S. 50E-8, a petition for an 27
IRPO requires that a summons be issued and served not later than five days prior to the date set 28
for the final IRPO hearing. Attachments to the summons shall include the petition for any IRPO, 29
any ex parte IRPO that has been issued and the notice of hearing on the ex parte IRPO, and a 30
description of what an IRPO is. 31
(b) Service of the Summons and Attachments. – The clerk of court shall effect service of 32
the summons and any attachments through the appropriate law enforcement agency where the 33
respondent is to be served. 34
"§ 50E-6. IRPO requirements; remedy; mental health or chemical dependency evaluation. 35
(a) Required Information in IRPO. – An IRPO issued under this Chapter shall include all 36
of the following: 37
(1) A statement of the grounds supporting issuance of the IRPO. 38
(2) The date and time the IRPO was issued. 39
(3) The date and time the IRPO expires. 40
(4) Whether a mental health evaluation or chemical dependency evaluation of the 41
respondent is required. 42
(5) The address of the court in which any responsive pleading may be filed. 43
(6) A description of the requirements for relinquishment and retrieval of any 44
firearms, ammunition, permits to purchase firearms, and permits to carry 45
concealed firearms that are in the care, cus tody, possession, ownership, or 46
control of the respondent. 47
(7) A description of the process for seeking termination of the IRPO. 48
(8) A stat ement that a violation of the IRPO is punishable as a Class A1 49
misdemeanor. 50
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(b) Remedy Granted. – Upon issuance of an IRPO, the court shall order the respondent 1
pursuant to G.S. 50E-9 to surrender to the sheriff all firearms, ammunition, permits to purchase 2
firearms, and permits to carry concealed firearms that are in the care, custody, possession, 3
ownership, or control of the respondent. 4
(c) Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance 5
of an IRPO, the court shall consider whether a mental health evaluation or chemical dependency 6
evaluation of the respondent is appropriate and may order the respondent to undergo evaluation 7
if appropriate. 8
"§ 50E-7. Hearing and issuance of a final Individual Risk Protection Order. 9
(a) Hearing. – A court shall hold a hearing on a petition for a final IRPO no later than 10 10
days from either of the following dates: 11
(1) If an ex parte IRPO has been issued, the date the ex parte IRPO was issued. 12
(2) If subdivision (1) of this subsection does not apply, the date the petition for a 13
final IRPO was served on the respondent. 14
A continuance shall be limited to one extension of no more than 10 days unless all parties 15
consent or good cause is shown. 16
(b) Order. – A court may issue a final IRPO if all of the following requirements are met: 17
(1) The court finds by a preponderance of the evidence that the respondent poses 18
a danger of causing physical harm to self or others by having in his or her 19
custody or control, owning, purchasing, possessing, or receiving a firearm. In 20
determining whether the requirement set forth in this subdivision is met, the 21
court may consider any relevant evidence, including , but not limited to, any 22
of the following: 23
a. A recent act or threat of violence , or a pattern of acts or threats of 24
violence within the 12 months preceding the petition, by the 25
respondent against himself, herself, or others, whether or not the 26
violence or threat of violence involves a firearm or other weapon. 27
b. Evidence of the respondent being seriously mentally ill or having 28
recurring mental health issues. 29
c. A violation by the respondent of a n order issued under Chapter 50B, 30
50C, 50D, or 50E of the General Statutes. 31
d. Whether the respondent, in this State or any other state, has been 32
convicted of or had adjudication withheld on a crime that constitutes 33
domestic violence as defined in G.S. 50B-1 or a crime involving 34
violence or a threat of violence. 35
e. The unlawful or reckless use, display, or brandishing of a firearm by 36
the respondent. 37
f. The recurring use of, or threat to use, physical force by the respondent 38
against another person or the respondent stalking another person. 39
g. Evidence of the abuse of controlled substances or alcohol by the 40
respondent. 41
h. Evidence of recent acquisition of firearms or ammunition by the 42
respondent. 43
i. Evidence of recent acts of cruelty to animals. 44
j. Witness testimony, taken while the witness is under oath, relating to 45
the matter before the court. 46
(2) Process was served on the respondent in accordance with the requirements of 47
this Chapter. 48
(3) Notice of hearing was given to the respondent in accordance with th e 49
requirements of this Chapter. 50
"§ 50E-8. Hearing and issuance of an ex parte Individual Risk Protection Order. 51
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(a) Hearing. – Upon receipt of a petition for an ex parte IRPO, the court shall hold a 1
hearing in person on the day the petition is filed or the day immediately following the day the 2
petition is filed. 3
(b) Order. – If the court finds that there is probable cause that the respondent poses an 4
imminent danger of causing physical harm to self or others by having in his or her custody or 5
control, owning, purchasing, possessing, or receiving a firearm, a judge or magistrate of district 6
court may issue an ex parte IRPO before a hearing for a final IRPO. 7
(c) Requirements. – An ex parte IRPO granted without notice shall meet all of the 8
following requirements: 9
(1) The IRPO shall be endorsed with the date and hour of issuance. 10
(2) The IRPO shall be filed immediately in the clerk's office and entered of record. 11
(3) The IRPO shall include a statement of the grounds supporting the issuance of 12
the order. 13
(4) The IRPO shall include the applicable information required under 14
G.S. 50E-6(a). 15
(5) The IRPO shall expire by its terms within a specified amount of time after 16
entry, not to exceed the limits set forth in G.S. 50E-10(a). 17
(d) Court Out of Session. – When the court is not in session, the petitioner may file for 18
an ex parte IRPO before any judge or magistrate designated by the chief district court judge to 19
grant relief under this Chapter. If the judge or magistrate finds that the requirements of this 20
section have been met, the judge or magistrate may issue an ex parte IRPO. The chief district 21
court judge may designate for each county at least one judge or magistrate to be reasonably 22
available to issue ex parte IRPOs when the court is not in session. 23
(e) Video Conference. – Hearings held to consider ex parte relief pursuant to subsection 24
(a) of this section may be held via video conference. 25
"§ 50E-9. Surrender, retrieval, and disposal of firearms. 26
(a) Required Surrender of Firearms. – Upon issuance of an order pursuant to this Chapter, 27
the court shall order the respondent to surrender to the sheriff all firearms, machine guns, 28
ammunition, permits to purchase firearms, and permits to carry concealed firearms that are in the 29
care, custody, possession, ownership, or control of the respondent. 30
(b) Ex Parte Hearing. – The court shall inquire of the petitioner, at the ex parte hearing, 31
the presence of, ownership of, or otherwise access to firearms by the respondent, as well as 32
ammunition, permits to purchase firearms, and permits to carry concealed firearms, and include, 33
whenever possible, identifying information regarding the description, number, and location of 34
firearms, ammunition, and permits in the order. 35
(c) Surrender. – Upon service of the order, the respondent shall immediately surrender to 36
the sheriff possession of all fi rearms, machine guns, ammunition, permits to purchase firearms, 37
and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 38
control of the respondent. In the event that weapons cannot be surrendered at the time the orde r 39
is served, the respondent shall surrender the firearms, ammunitions, and permits to the sheriff 40
within 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the 41
firearms or contract with a licensed firearms dealer to provide storage. 42
(1) If the court orders the respondent to surrender firearms, ammunition, and 43
permits, the court shall inform the p etitioner and the respondent of the terms 44
of the order and include these terms on the face of the order, including that the 45
respondent is prohibited from possessing, purchasing, or receiving or 46
attempting to possess, purchase, or receive a firearm for so long as the order 47
or any order is in effect. The terms of the order shall include instructions as to 48
how the respondent may request retrieval of any firearms, ammunition, and 49
permits surrendered to the sheriff when the order is no longer in effect. The 50
terms shall also include notice of the penalty for violation of G.S. 14-269.8. 51
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(2) The sheriff may charge the respondent a reasonable fee for the storage of any 1
firearms and ammunition taken pursuant to a n order. The fees are payable to 2
the sheriff. The sheriff shall transmit the proceeds of these fees to the county 3
finance officer. The fees shall be used by the sheriff to pay the costs of 4
administering this section and for other law enforcement purposes. The county 5
shall expend the restricted funds for these purposes only. The sheriff shall not 6
release firearms, ammunition, or permits without a court order granting the 7
release, unless release without a court order is authorized pursuant to 8
subsection (d) of this section. The respondent must remit all fees owed prior 9
to the authorized return of any firearms, ammunition, or permits. The sheriff 10
shall not incur any civil or cri minal liability for alleged damage or 11
deterioration due to storage or transportation of any firearms or ammunition 12
held pursuant to this section. 13
(d) Retrieval. – Unless the court finds that the respondent is precluded from owning or 14
possessing a firearm pursuant to State or federal law, the respondent may retrieve any weapons 15
surrendered to the sheriff without additional order of the court upon the occurrence of one of the 16
following conditions: 17
(1) The court does not enter a final order when the ex parte order expires. 18
(2) The order is denied by the court following a hearing. 19
Prior to release of any firearms to the respondent pursuant to this subsection, the sheriff shall 20
verify through a criminal history check conducted through the National Instant Crimina l 21
Background Check System (NICS) that the respondent is not prohibited from possessing or 22
receiving a firearm pursuant to 18 U.S.C. § 922 or any State law and the respondent does not 23
have pending charges that, if convicted, would prohibit the respondent from possessing a firearm. 24
(e) Motion for Return by Respondent. – The respondent may request the return of any 25
firearms, ammunition, or permits surrendered by filing a motion with the court at the expiration 26
of the current order and not later than 90 days after the expiration of the current order. Upon 27
receipt of the motion, the court shall schedule a hearing and provide written notice to the 28
petitioner who shall have the right to appear and be heard and to the sheriff who has control of 29
the firearms, ammunition, or permits. The court shall determine whether the respondent is subject 30
to any State or federal law or court order that precludes the defendant from owning or possessing 31
a firearm. The inquiry shall include: 32
(1) Whether the order has been renewed. 33
(2) Whether the respondent is subject to any other protective orders. 34
(3) Whether the respondent is disqualified from owning or possessing a firearm 35
pursuant to 18 U.S.C. § 922 or any State law. 36
The court shall deny the return of firearms, ammunition, or permits if the court finds that the 37
respondent is precluded from owning or possessing a firearm pursuant to State or federal law. 38
(f) Motion for Return by Third -Party Owner. – A third -party owner of firearms, 39
ammunition, or permits who is otherwise eligible to possess such items may file a motion 40
requesting the return to said third party of any such items in the possession of the sheriff seized 41
as a result of the entry of an order. The motion may be filed at any time following the seizure of 42
the items by the sheriff prior to their disposal pursuant to subsection ( g) of this section. Upon 43
receipt of the third party's motion, the court shall schedule a hearing and provide written notice 44
to all parties and the sheriff. The court shall order return of the items to the third party unless the 45
court determines that the third party is disqualified from owning or possessing said items pursuant 46
to State or federal law. If the court denies the return of said items to the third party, the items 47
shall be disposed of by the sheriff as provided in subsection (g) of this section. 48
(g) Disposal of Firearms. – After notice to the respondent and all parties known or 49
believed to have an ownership or possessory interest in the firearm, including any third -party 50
owner, the sheriff who has control of the firearms, ammunition, or permits may apply to the court 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 1208-First Edition
for an order of disposition of the firearms, ammunition, or permits under any of the following 1
circumstances: 2
(1) Both of the following criteria are met: 3
a. The respondent or third-party owner has not filed a motion requesting 4
the return of any firearms, ammunition, or permits surrendered within 5
90 days after the expiration of the current order. 6
b. The respondent has not retrieved the firearms pursuant to subsection 7
(d) of this section within 90 days after the expiration of the current 8
order. 9
(2) The court has determined that the respondent or third-party owner is precluded 10
from regaining possession of any firearms, ammunition, or permits 11
surrendered. 12
(3) The respondent or third-party owner fails to remit all fees owed for the storage 13
of the firearms or ammunition within 30 days of either (i) the entry of the order 14
granting the return of the firearms, ammunition, or permits, or (ii) a request to 15
retrieve the firearms, ammunition, or permits pursuant to subsection (d) of this 16
section. 17
The judg e, after a hearing, may order the disposition of the firearms, 18
ammunition, or permits in one or more of the ways authorized by law, 19
including subdivision (4), (4b), (5), or (6) of G.S. 14-269.1. If a sale by the 20
sheriff does occur, any proceeds from the sa le after deducting any costs 21
associated with the sale, and in accordance with all applicable State and 22
federal law, shall be provided to the respondent or any known third -party 23
owner if requested by the respondent or any known third -party owner by 24
motion made before the hearing or at the hearing and if ordered by the judge. 25
(i) Prohibitions. – It is unlawful for any person subject to a protective order prohibiting 26
the possession or purchase of firearms to do any of the following: 27
(1) Fail to surrender all firearms, ammunition, permits to purchase firearms, and 28
permits to carry concealed firearms to the sheriff as ordered by the court. 29
(2) Fail to disclose all information pertaining to the possession of firearms, 30
ammunition, and permits to purchase and permits to carry concealed firearms 31
as requested by the court. 32
(3) Provide false information to the court pertaining to any of these items. 33
(j) Violations. – In accordance with G.S. 14-269.8, it is unlawful for any person to 34
possess, purchase, or receive or attempt to possess, purchase, or receive a firearm, as defined in 35
G.S. 14-409.39(2), machine gun, ammunition, or permits to purchase or carry concealed firearms 36
if ordered by the cour t for so long as that protective order or any successive protective order 37
entered against that person pursuant to this Chapter is in effect. Any respondent violating the 38
provisions of this section shall be guilty of a Class H felony. 39
(k) Official Use Exemp tion. – This section shall not prohibit law enforcement officers 40
and members of any branch of the Armed Forces of the United States, not otherwise prohibited 41
under federal law, from possessing or using firearms for official use only. 42
(l) Construction. – Nothing in this section is intended to limit the discretion of the court 43
in granting additional relief as provided in other sections of this Chapter. 44
"§ 50E-10. Duration; renewal of IRPOs. 45
(a) Duration of Ex Parte IRPO. – Except as otherwise provided in this subsection, an ex 46
parte IRPO shall be effective until the date a hearing is held under G.S. 50E-7. If a hearing is not 47
held or a continuance was not granted, an ex parte IRPO shall be effective for not more than 10 48
days from the date the ex parte IRPO was issued. 49
(b) Duration of Final IRPO. – A final IRPO shall be effective for a fixed period of time 50
not to exceed one year. 51
General Assembly Of North Carolina Session 2025
House Bill 1208-First Edition Page 11
(c) Renewal. – Any IRPO may be renewed one or more times, as required, provided that 1
the requirements of G.S. 50E-7 or G.S. 50E-8, as appropriate, are satisfied. The court may renew 2
an IRPO, including an IRPO that previously has been renewed, upon a motion by the petitioner 3
filed before the expiration of the current IRPO. Upon a motion for a renewal, the court shall hold 4
a hearing no later than 10 days after the date the motion is served on the respondent. The court 5
may renew an ex parte or final IRPO if the court finds by clear and convincing evidence that the 6
respondent still poses a danger of causing physical harm to self or others by having in his or her 7
custody or control, owning, purchasing, possessing, or receiving a firearm . The commission of 8
an act of unlawful conduct by the respondent after entry of the current IRPO is not required for 9
an IRPO to be renewed. If the motion for renewal is uncontested and the petitioner seeks no 10
modification of the IRPO, the IRPO may be renewed if the petitioner's motion or affidavit states 11
that the respondent still poses a danger of causing physical harm to self or others by having in 12
his or her custody or control, owning, purchasing, possessing, or receiving a firearm. 13
(d) Expiration Date. – An IRPO expiring on a day the court is not open for business shall 14
expire in accordance with the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1. 15
"§ 50E-11. Termination of an Individual Risk Protection Order. 16
(a) Motion. – The respondent may request the termination of a f inal IRPO by filing a 17
motion with the court. The respondent may submit no more than one motion for termination for 18
every 12-month period the final IRPO is in effect, starting from the date of the final IRPO and 19
continuing through any renewals. 20
(b) Hearing. – Upon receipt of a request for a hearing to terminate a final IRPO, the court 21
shall set a date for a hearing. Notice of the request for a hearing shall be served on the petitioner 22
in accordance with Rule 5 of the Rules of Civil Procedure. The court shall set the date for the 23
hearing no sooner than 10 days and no later than 30 days from the date of service of the request 24
upon the petitioner. 25
(c) Burden of Proof; Termination. – The respondent shall have the burden of proving, by 26
a preponderance of the evidence, that the respondent does not pose a danger of causing physical 27
harm to self or others by having in his or her custody or control, owning, purchasing, possessing, 28
or receiving a firearm. If the court finds after the hearing that the respondent has met his or her 29
burden, the court shall terminate the final IRPO. 30
"§ 50E-12. Notice. 31
(a) Notice Law Enforcement ; Entry into National Database . – The clerk of court shall 32
deliver on the same day that an IRPO is issued a certified copy of that IRPO to the sheriff of the 33
county in which the IRPO is issued. Any order extending, modifying, or revoking an IRPO shall 34
be promptly delivered to the sheriff by the clerk and served in a manner provided for service of 35
process. The sheriff shall prompt ly enter the IRPO into the National Crime Information Center 36
registry and shall provide for access of such orders to th e courts on a continuous basis. 37
Modifications, terminations, renewals, and dismissals of the IRPO shall also be promptly entered. 38
A copy of the IRPO shall be issued promptly to and retained by the police department of the 39
municipality of the petitioner's residence. If the petitioner 's residence is not located in a 40
municipality or is in a municipality with no police department, copies shall be issued promptly 41
to and retained by the sheriff of the county in which the petitioner's residence is located. 42
(b) Notice to Respondent. – If the respondent was not present in court when the IRPO 43
was issued, the respondent may be served in the manner provided for service of process in civil 44
proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If the summons has 45
not yet been served upon the respondent, it shall be served with the IRPO. Law enforcement 46
agencies shall accept receipt of copies of the IRPO issued by the clerk of court by electronic 47
transmission for service on respondents. 48
(c) Notice to Third Parties. – If the petitioner for an IRPO is a law enforcement officer 49
or agency, the officer or agency shall provide, or attempt to provide, notice of the petition to any 50
known third party who may be at risk of unlawful conduct from the respondent. 51
General Assembly Of North Carolina Session 2025
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"§ 50E-13. Prohibition; violation. 1
(a) Prohibition. – It is unlawful for any person to possess, purchase, or receive, or attempt 2
to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed 3
firearms, for so long as an IRPO entered against that person in accordance with this Chapter is 4
in effect. 5
(b) Violation. – A person who violates subsection (a) of this section or any other term of 6
an IRPO is guilty of a Class A1 misdemeanor. 7
"§ 50E-14. False statement regarding IRPO a misdemeanor. 8
A person who knowingly makes a false statement when petitioning for an IRPO under this 9
Chapter, or who knowingly makes a false statement to a law enforcement agency or officer that 10
an IRPO entered pursuant to this Chapter remains in effect, is guilty of a Class 1 misdemeanor. 11
"§ 50E-15. Remedies not exclusive. 12
The remedies provided by this Chapter are not exclusive but are additional to other remedies 13
provided under law. 14
"§ 50E-16. Liability. 15
Except as provided in G.S. 50E-13 or G.S. 50E-14, this Chapter shall not be interpreted to 16
impose any criminal or civil liability on any person or entity for acts or omissions related to 17
obtaining an IRPO, including reporting, declining to repor t, investigating, declining to 18
investigate, filing, or declining to file a petition under this Chapter." 19
SECTION 2.(b) Chapter 15C of the General Statutes reads as rewritten: 20
"Chapter 15C. 21
"Address Confidentiality Program. 22
"§ 15C-1. Purpose. 23
The purpose of this Chapter is to enable the State and the agencies of North Carolina to 24
respond to requests for public records without disclosing the location of a petitioner for an 25
Individual Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or 26
human trafficking; to enable interagency cooperation in providing address confidentiality for 27
victims a petitioner for an Individual Risk Protection Order or a victim of domestic violence, 28
sexual offense, stalking, or human trafficking; and to enable the State and its agencies to accept 29
a program participant's use of an address designated by the Office of the Attorney General as a 30
substitute address. 31
"§ 15C-2. Definitions. 32
The following definitions apply in this Chapter: 33
… 34
(2) Address Confidentiality Program or Program. – A program in the Office of 35
the Attorney General to protect the confidentiality of the address of an IRPO 36
petitioner or a relocated victim of domestic violence, sexual offense, or 37
stalking to prevent the petitioner's or victim's assailants or potential assailants 38
from finding the petitioner or victim through public records. 39
… 40
(5a) IRPO petitioner. – The person who petitions for an Individual Risk Protection 41
Order under Chapter 50E of the General Statutes. 42
… 43
"§ 15C-3. Address Confidentiality Program. 44
The General Assembly establishes the Address Confidentiality Program in the Office of the 45
Attorney General to protect the confidentiality of the address of an IRPO petitioner or a relocated 46
victim of domestic violence, sexual offense, stalking, or human trafficking to prevent the 47
petitioner's or victim's assailants or potential assailants from finding the petitioner or victim 48
through public record s. Under this Program, the Attorney General shall designate a substitute 49
address for a program participant and act as the agent of the program participant for purposes of 50
service of process and receiving and forwarding first -class mail or certified or regi stered mail. 51
General Assembly Of North Carolina Session 2025
House Bill 1208-First Edition Page 13
The Attorney General shall not be required to forward any mail other than first -class mail or 1
certified or registered mail to the program participant. The Attorney General shall not be required 2
to track or otherwise maintain records of any mai l received on behalf of a program participant 3
unless the mail is certified or registered mail. 4
"§ 15C-4. Filing and certification of applications; authorization card. 5
(a) An individual who wants to participate in the Address Confidentiality Program shall 6
file an application with the Attorney General with the assistance of an application assistant. Any 7
of the following individuals may apply to the Attorney General to have an address designated by 8
the Attorney General to serve as the substitute address of the individual: 9
(1) An adult individual. 10
(2) A parent or guardian acting on behalf of a minor when the minor resides with 11
the individual. 12
(3) A guardian acting on behalf of an incapacitated individual. 13
(b) The application shall be dated, signed, and verified by the applicant and shall be 14
signed by the application assistant who assisted in the preparation of the application. 15
(c) The application shall contain all of the following: 16
(1) A statement by the applicant that the applicant is an IRPO petitioner or a 17
victim of domestic violence, sexual offense, stalking, or human trafficking 18
and that the applicant fears for the applicant's safety or the safety of the 19
applicant's child. 20
(2) Evidence Except for an applicant that is an IRPO petitioner, evidence that the 21
applicant is a victim of domestic violence, sexual offense, stalking, or human 22
trafficking. For an applicant that is an IRPO petitioner, evidence that the 23
applicant is at risk from violence or other unlawful conduct from the 24
respondent in a petition filed under Chapter 50E of the General Statutes. This 25
evidence may include any of the following: 26
a. Law enforcement, court, or other federal or state agency records or 27
files. 28
b. Documentation from a domestic violence program if the applicant is 29
alleged to be a victim of domestic violence. 30
c. Documentation from a religious, medical, or other professional from 31
whom the applicant has sought assistance in dealing with the alleged 32
domestic violence, sexual offense, or stalking. 33
d. Documentation submitted to s upport a victim of human trafficking's 34
application for federal assistance or benefits under federal human 35
trafficking laws. 36
… 37
(4) A Except for an applicant that is an IRPO petitio ner, a statement by the 38
applicant that the applicant has or will confidentially relocate in North 39
Carolina. 40
… 41
(7) The address that the applicant requests not to be disclosed by the Attorney 42
General that directly relates to the increased risk of domestic violence, sexual 43
offense, or stalking.stalking, or other unlawful conduct. 44
…." 45
SECTION 2.(c) The Administrative Office of the Courts shall develop the 46
appropriate forms to implement the processes provided under Chapter 50E of the General 47
Statutes, as enacted by this section. Additionally, the Administrative Office of the Courts shall 48
develop and implement a Statewide electronic system, or utilize existing technology, to allow 49
courts across the State to share information to determine whether prior orders under Chapter 50E 50
of the General Statutes have been issued for a respondent. There is appropriated from the General 51
General Assembly Of North Carolina Session 2025
Page 14 House Bill 1208-First Edition
Fund to the Administrative Office of the Courts the sum of ten thousand dollars ($10,000) in 1
nonrecurring funds for the 2026 -2027 fiscal year to be used for costs incurred from complying 2
with the requirements set forth in this subsection. 3
SECTION 2.(d) Subsections (c) and (d) of this section become effective July 1, 4
2026. The remainder of this section becomes effective December 1, 2026. 5
6
EFFECTIVE DATE 7
SECTION 3. Except as otherwise provided, this act is effective when it becomes 8
law. 9