Allow ERPOs to Prevent Suicides & Save Lives.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 166

Short Title: Allow ERPOs to Prevent Suicides & Save Lives. (Public)
Sponsors: Representatives Morey, Harrison, Price, 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
February 24, 2025
*H166-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO AUTHORIZE THE ISSUANCE OF AN E XTREME RISK PROTECTI ON 2
ORDER TO RESTRICT TE MPORARILY 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 AN D TO REQUIRE A COURT TO ORDER THE SEIZURE OF 5
ANY FIREARM, AMMUNIT ION, OR PERMITS THAT A DEFENDANT FAILS T O 6
SURRENDER AFTER THE ISSUANCE OF AN EMERG ENCY 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 C hapter 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 relationsh ip 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
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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 petition er is seeking a n 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 the petitioner 40
and respondent or the necessity of verifying the terms of an existing protection 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 addres s 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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House Bill 166-First Edition Page 3
petitioner's address were open to p ublic 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 ERPOs. 4
(g) Electronic Filing. – All documents filed, issued, registered, or served in an action 5
under this Chapter relating to an ERPO may be filed electronically. 6
(h) Report. – Beginning December 1, 202 5, and occurring annually thereafter, the 7
Administrative Office of the Courts shall s ubmit a report to the Joint Legislative Oversight 8
Committee on Justice and Public Safety and the Fiscal Research Division that includes all of the 9
following information: 10
(1) The number of petitions filed under this Chapter during the prior calendar 11
year. 12
(2) The number of ex parte ERPOs issued during the prior calendar year. 13
(3) The number of ex parte ERPOs the court s declined to issue during the prior 14
calendar year and justification for why each was declined. 15
(4) The number of final ERPOs issued during the prior calendar year. 16
(5) The number of final ERPOs the courts declined to issue during the prior 17
calendar year and justification for why each was declined. 18
"§ 50E-5. Process. 19
(a) Summons Required. – Except as otherwise provided in G.S. 50E-8, a petition for an 20
ERPO requires that a summons be issued and served not later than five days prior to the date set 21
for the final ERPO hearing. Attachments to the summons shall include the petition for any ERPO, 22
any ex parte ERPO that has been issued and th e notice of hearing on the ex parte ERPO, and a 23
description of what an ERPO is. 24
(b) Service of the Summons and Attachments. – The clerk of court shall effect service of 25
the summons and any attachments through the appropriate law enforcement agency where the 26
respondent is to be served. 27
"§ 50E-6. ERPO requirements; remedy; mental health or chemical dependency evaluation. 28
(a) Required Information in ERPO. – An ERPO issued under this Chapter shall include 29
all of the following: 30
(1) A statement of the grounds supporting issuance of the ERPO. 31
(2) The date and time the ERPO was issued. 32
(3) The date and time the ERPO expires. 33
(4) Whether a mental health evaluation or chemical dependency evaluation of the 34
respondent is required. 35
(5) The address of the court in which any responsive pleading may be filed. 36
(6) A description of the requirements for relinquishment and retrieval of any 37
firearms, ammunition, permits to purchase firearms, and permits to carry 38
concealed firearms that are in the care, custody, ownership, or control of the 39
respondent. 40
(7) A description of the process for seeking termination of the ERPO. 41
(8) A statement that a violation of the ERPO is punishable as a Class A1 42
misdemeanor. 43
(b) Remedy Granted. – Upon issuance of an ERPO, including an ex parte ERPO, the 44
court shall order the respondent to surrender to the sheriff all firearms, ammunition, permits to 45
purchase firearms, and permits to carry concealed firearms that are in the care, custody, 46
possession, ownership, or control of the respondent. 47
(c) Mental Health or Chemical Dependency Evaluation. – During a hearing for issuance 48
of an ERPO, the court shall consider whether a mental health evaluation or chemical dependency 49
evaluation of the respondent is appropriate and may order the respondent to undergo evaluation 50
if appropriate. 51
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"§ 50E-7. Hearing and issuance of a final Extreme Risk Protection Order. 1
(a) Hearing. – A court shall hold a hearing on a petition for a final ERPO no later than 2
10 days from either of the following dates: 3
(1) If an ex parte ERPO has been issued, the date the ex parte ERPO was issued. 4
(2) If subdivision (1) of this subsection does not apply, the date the petition for a 5
final ERPO was served on the respondent. 6
A continuance shall be limited to one extension of no more than 10 days unless all parties 7
consent or good cause is shown. 8
(b) Order. – A court may issue a final ERPO if all of the following requirements are met: 9
(1) The court finds by clear and convincing evidence that the respondent poses a 10
danger of causing physical harm to self or others by having in his or her 11
custody a firearm. In determining whether the requirement set forth in this 12
subdivision is met, the court may consider any relevant evidence, including, 13
but not limited to, any of the following: 14
a. A recent a ct or threat of violence , or a pattern of acts or threats of 15
violence within the 12 months preceding the petition, by the 16
respondent against himself, herself, or others, whether or not the 17
violence or threat of violence involves a firearm or other weapon. 18
b. Evidence of the respondent being seriously mentally ill or having 19
recurring mental health issues. 20
c. A violation by the respondent of a n order issued under Chapter 50B, 21
50C, or 50D of the General Statutes. 22
d. A previous or existing ERPO issued against the respondent, including 23
whether the respondent committed a violation of the previous or 24
existing ERPO. 25
e. Whether the respondent, in this State or any other state, has been 26
convicted of or had adjudication withheld on a crime that constitutes 27
domestic violence as defined in G.S. 50B-1 or a crime involving 28
violence or a threat of violence. 29
f. The unlawful or reckless use, display, or brandishing of a firearm by 30
the respondent. 31
g. The recurring use of, or threat to use, physical force by the respondent 32
against another person or the respondent stalking another person. 33
h. Evidence of the abuse of controlled substances or alcohol by the 34
respondent. 35
i. Evidence of recent acquisition of firearms or ammunition by the 36
respondent. 37
j. Witness testimony, taken while the witness is under oath, relating to 38
the matter before the court. 39
(2) Process was served on the respondent in accordance with the requirements of 40
this Chapter. 41
(3) Notice of hearing was given to the respondent in accordance with the 42
requirements of this Chapter. 43
"§ 50E-8. Hearing and issuance of an ex parte Extreme Risk Protection Order. 44
(a) Hearing. – Upon receipt of a petition for an ex parte ERPO, the court shall hold a 45
hearing in person on the day the petition is filed or the day immediately following the day the 46
petition is filed. 47
(b) Order. – If the court finds that there is clear and convincing evidence that the 48
respondent poses an imminent danger of causing physical harm to self or others by having in his 49
or her custody a firearm, a judge or magistrate of district court may issue an ex parte ERPO 50
before a hearing for a final ERPO and without evidence of service of process or notice. 51
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(c) Requirements. – An ex parte ERPO granted without notice shall meet all of the 1
following requirements: 2
(1) The ERPO shall be endorsed with the date and hour of issuance. 3
(2) The ERPO shall be filed immediately in the clerk 's off ice and entered of 4
record. 5
(3) The ERPO shall include a statement detailing why the ERPO was granted 6
without notice. 7
(4) The ERPO shall include the applicable information required under 8
G.S. 50E-6(a). 9
(5) The ERPO shall expire by its terms within a specifi ed amount of time after 10
entry, not to exceed the limits set forth in G.S. 50E-10(a). 11
(d) Court Out of Session. – When the court is not in session, the petitioner may file for 12
an ex parte ERPO before any judge or magistrate designated by the chief district court judge to 13
grant relief under this Chapter. If the judge or magistrate finds that the requirements of this 14
section have been met, the judge or magistrate may issue an ex parte ERPO. The chief district 15
court judge may designate for each county at least one judge or magistrate to be reasonably 16
available to issue ex parte ERPOs when the court is not in session. 17
(e) Video Conference. – Hearings held to consider ex parte relief pursuant to subsection 18
(a) of this section may be held via video conference. 19
"§ 50E-9. Surrender, retrieval, and disposal of firearms. 20
(a) Surrender of Firearms. – Upon service of an ERPO, the respondent shall immediately 21
surrender to the sheriff possession of all firearms, ammunition, permits to purchase firearms, and 22
permits to carry concealed firearms that are in the care, custody, possession, ownership, or control 23
of the respondent. In the event that weapons cannot be surrendered at the time the ERPO is 24
served, the respondent shall surrender the firearms, ammunitions, and permits to the sheriff 25
within 24 hours of service at a time and place specified by the sheriff. The sheriff shall store the 26
firearms or contract with a licensed firearms dealer to provide storage. 27
(b) Failure to Surrender. – Upon the sworn statement of the petitioner or the sheriff 28
alleging that the respondent has failed to comply with the surrender of firearms required under 29
subsection (a) of this section, the court shall determine whether probable cause exists to believe 30
that the respondent has failed to surrender all firearms in his or her care, custody, possession, 31
ownership, or control. If probable cause exists, the court shall issue a warrant describing the 32
firearms and authorizing (i) a search of the locations where the firearms are reasonably believed 33
to be and (ii) seizure of any firearms discovered pursuant to the search. 34
(c) Receipt. – At the time of surrender or seizure, the sheriff taking possession of a 35
firearm shall issue a receipt identifying all firearms that have been surrendered or seized and shall 36
provide a copy of the receipt to the respondent. Within 48 hours after issuing the receipt, the 37
officer shall file the original receipt with the court and shall also retain a copy for the sheriff 's 38
records. 39
(d) Fee. – The sheriff may charge the respondent a reasonable fee for the storage of any 40
firearms and ammunition taken pursuant to an ERPO. The fees are pay able to the sheriff. The 41
sheriff shall transmit the proceeds of these fees to the county finance officer. The fees shall be 42
used by the sheriff to pay the costs of administering this section . The county shall expend the 43
restricted funds for these purposes only. The sheriff shall not release firearms, ammunition, or 44
permits without a court order granting the release. The respondent shall remit all fees owed prior 45
to the authorized return of any firearms, ammunition, or permits. The sheriff shall not incur an y 46
civil or criminal liability for alleged damage or deterioration due to storage or transportation of 47
any firearms or ammunition held pursuant to this section. 48
(e) Retrieval. – If the court does not enter a final ERPO when the ex parte ERPO expires, 49
the respondent may retrieve any firearms, ammunition, or permits surrendered to the sheriff 50
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unless the court finds that the respondent is otherwise precluded from owning or possessing a 1
firearm pursuant to State or federal law. 2
(f) Motion for Ret urn. – The respondent may request the return of any firearms, 3
ammunition, or permits surrendered by filing a motion with the court after the expiration or 4
termination of the ERPO. Unless the court finds that the respondent is otherwise precluded from 5
owning or possessing a firearm pursuant to State or federal law, all firearms, ammunition, and 6
permits surrendered by the respondent shall be returned within 30 days of the date the motion 7
was received by the court. If the court does not enter a f inal ERPO when the ex parte ERPO 8
expires, and the court orders the return of the items to the respondent, the respondent is not 9
required to pay any fees imposed under subsection (d) of this section and the sheriff shall 10
promptly refund to the respondent any fees already paid pursuant to subsection (d) of this section 11
for the storage of any items taken pursuant to the ex parte ERPO. 12
(g) Motion for Return by Third Party. – A third-party owner of firearms or ammunition 13
who is otherwise eligible to possess the items may file a motion requesting the return to the third 14
party of any of the items in the possession of the sheriff surrendered or seized as a result of the 15
entry of an ERPO. The third-party owner shall also provide proof of ownership of the firearms 16
or ammunition. Upon receipt of the third party 's motion, the court shall schedule a hearing and 17
provide written notice to all parties and the sheriff. The court shall order return of the items to 18
the third party unless the third-party owner fails to provide proof of ownership or certification as 19
required under this subsection or the court determines that the third party is disqualified from 20
owning or possessing the items pursuant to State or federal law. If the court orders the return of 21
the items to the third party, the third party is not required to pay any fees imposed under 22
subsection (d) of this section. If the court denies the return of the items to the third party, the 23
items shall be disposed of by the sheriff as provided in subsection (h) of this section. 24
(h) Disposal of Firearms. – If the respondent or a third-party owner does not file a motion 25
within the applicable time period prescribed by this section requesting the return of any 26
surrendered firearms, ammunition, or permits ; if the court determines that the respondent or 27
third-party owner is precluded from regaining possession of any surrendered firearms, 28
ammunition, or permits ; or if the respondent fai ls to remit all fees owed for the storage of the 29
firearms or ammunition within 30 days of the entry of the order granting the return of the 30
firearms, ammunition, or permits, the sheriff who has control of the firearms, ammunition, or 31
permits shall give notice to the respondent and the sheriff shall apply to the court for an order of 32
disposition of the firearms, ammunition, or permits. The judge, after a hearing, may order the 33
sheriff in possession, or the sheriff's duly authorized agent, to destroy the firearms, ammunition, 34
and permits, or to dispose of the firearms, ammunition, and permits in one or more of the ways 35
authorized by law, including subdivision (4b), (5), or (6) of G.S. 14-269.1. The sheriff shall 36
maintain a record of any firearms, ammunition, and permits destroyed in accordance with this 37
subsection. If a sale by the sheriff does occur, any proceeds from the sale after deducting any 38
costs associated with the storage and sale, in accordance with all applicable State and federal law, 39
shall be provided to the respondent if ordered by the judge. 40
"§ 50E-10. Duration; renewal of ERPOs. 41
(a) Duration of Ex Parte ERPO. – Except as otherwise provided in this subsection, an ex 42
parte ERPO shall be effective until the date a hearing is held under G.S. 50E-7. If a hearing is 43
not held or a continuance was not granted, an ex parte ERPO shall be effective for not more than 44
10 days from the date the ex parte ERPO was issued. 45
(b) Duration of Final ERPO. – A final ERPO shall be effective for a fixed period of time 46
not to exceed one year. 47
(c) Renewal. – Any ERPO may be renewed one or more times, as required, provided that 48
the requirements of G.S. 50E-7 or G.S. 50E-8, as appropriate, are satisfied. The court may renew 49
an ERPO, including an ERPO that previously has been renewed, upon a motion by the petitioner 50
filed before the expiration of the current ERPO. Upon a motion for a renewal, the court shall hold 51
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a hearing no later than 10 days after the date the motion is served on the respondent. The court 1
may renew an ex parte or final ERPO if the court finds by clear and convincing evidence that 2
there has been no material change in relevant circumstances since entry of the respective ERPO. 3
The commission of an act of unlawful conduct by the respondent after entry of the current ERPO 4
is not required for an ERPO to be renewed. If the motion for renewal is uncontested and the 5
petitioner seeks no modification of the ERPO, the ERPO may be renewed if the petitioner 's 6
motion or affidavit states that there has been no material change in relevant circumstances since 7
entry of the ERPO and states the reason for the requested renewal. 8
(d) Expiration Date. – An ERPO expiring on a day the court is not open for business shall 9
expire in accordance with the provisions of Rule 6(a) of the Rules of Civil Procedure, G.S. 1A-1. 10
"§ 50E-11. Termination of an Extreme Risk Protection Order. 11
(a) Motion. – The respondent may request the termination of a f inal ERPO by filing a 12
motion with the court. The respondent may submit no more than one motion for termination for 13
every 12-month period the final ERPO is in effect, starting from the date of the final ERPO and 14
continuing through any renewals. 15
(b) Hearing. – Upon receipt of a request for a hearing to terminate a final ERPO, the court 16
shall set a date for a hearing. Notice of the request for a hearing shall be served on the petitioner 17
in accordance with R ule 5 of the Rules of Civil Procedure. The court shall set the date for the 18
hearing no sooner than 10 days and no later than 30 days from the date of service of the request 19
upon the petitioner. 20
(c) Burden of Proof; Termination. – The respondent shall have the burden of proving, by 21
a preponderance of the evidence, that the respondent does not pose a danger of causing physical 22
harm to self or others by having in his or her care, custody, possession, ownership, or control a 23
firearm. If the court finds after th e hearing that the respondent has met his or her burden, the 24
court shall terminate the final ERPO. 25
"§ 50E-12. Notice. 26
(a) Notice Law Enforcement ; Entry into National Database . – The clerk of court shall 27
deliver on the same day that an ERPO is issued a certified copy of that ERPO to the sheriff of 28
the county in which the ERPO is issued. Any order extending, modifying, or revoking an ERPO 29
shall be promptly delivered to the sheriff by the clerk and served in a manner provided for service 30
of process. The sheriff shall promptly enter the ERPO into the National Crime Information Center 31
registry and shall provide for access of such orders to th e courts on a continuous basis. 32
Modifications, terminations, renewals, and dismissals of the ERPO shall also be promptly 33
entered. A copy of the ERPO shall be issued promptly to and retained by the police department 34
of the municipality of the petitioner's residence. If the petitioner 's residence is not located in a 35
municipality or is in a municipality with no police department, copies shall be issued promptly 36
to and retained by the sheriff of the county in which the petitioner's residence is located. 37
(b) Notice to Respondent. – If the respondent was not present in court when the ERPO 38
was issued, the respondent may be served in the manner provided for service of process in civil 39
proceedings in accordance with Rule 4(j) of the Rules of Civil Procedure. If th e summons has 40
not yet been served upon the respondent, it shall be served with the ERPO. Law enforcement 41
agencies shall accept receipt of copies of the ERPO issued by the clerk of court by electronic 42
transmission for service on respondents. 43
(c) Notice to Third Parties. – If the petitioner for an ERPO is a law enforcement officer 44
or agency, the officer or agency shall provide, or attempt to provide, notice of the petition to any 45
known third party who may be at risk of unlawful conduct from the respondent. 46
"§ 50E-13. Prohibition; violation. 47
(a) Prohibition. – It is unlawful for any person to possess, purchase, or receive, or attempt 48
to possess, purchase, or receive, a firearm, ammunition, or permits to purchase or carry concealed 49
firearms, for so long as an ERPO entered against that person in accordance with this Chapter is 50
in effect. 51
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(b) Violation. – A person who violates subsection (a) of this section or any other term of 1
an ERPO is guilty of a Class A1 misdemeanor. 2
"§ 50E-14. False statement regarding ERPO a misdemeanor. 3
A person who knowingly makes a false statement when petitioning for an ERPO under this 4
Chapter, or who knowingly makes a false statement to a law enforcement agency or officer that 5
an ERPO entered pursuant to this Chapter remains in effect, is guilty of a Class 1 misdemeanor. 6
"§ 50E-15. Remedies not exclusive. 7
The remedies provided by this Chapter are not exclusive but are additional to other remedies 8
provided under law. 9
"§ 50E-16. Liability. 10
Except as provided in G.S. 50E-13 or G.S. 50E-14, this Chapter shall not be interpreted to 11
impose any criminal or civil liability on any person or entity for acts or omissions related to 12
obtaining an ERPO, including reporting, declining to report, investigating, declining to 13
investigate, filing, or declining to file a petition under this Chapter." 14
SECTION 1.(b) Chapter 15C of the General Statutes reads as rewritten: 15
"Chapter 15C. 16
"Address Confidentiality Program. 17
"§ 15C-1. Purpose. 18
The purpose of this Chapter is to enable the State and the agenci es of North Carolina to 19
respond to requests for public records without disclosing the location of a petitioner for an 20
Extreme Risk Protection Order or a victim of domestic violence, sexual offense, stalking, or 21
human trafficking; to enable interagency coop eration in providing address confidentiality for 22
victims a petitioner for an Extreme Risk Protection Order or a victim of domestic violence, sexual 23
offense, stalking, or human trafficking; and to enable the State and its agencies to accept a 24
program participant's use of an address designated by the Office of the Attorney General as a 25
substitute address. 26
"§ 15C-2. Definitions. 27
The following definitions apply in this Chapter: 28
… 29
(2) Address Confidentiality Program or Program. – A program in the Office o f 30
the Attorney General to protect the confidentiality of the address of an ERPO 31
petitioner or a relocated victim of domestic violence, sexual offense, or 32
stalking to prevent the petitioner's or victim's assailants or potential assailants 33
from finding the petitioner or victim through public records. 34
… 35
(5a) ERPO petitioner. – The person who petitions for an Extreme Risk Protection 36
Order under Chapter 50E of the General Statutes. 37
… 38
"§ 15C-3. Address Confidentiality Program. 39
The General Assembly establishes the Address Confidentiality Program in the Office of the 40
Attorney General to protect the confidentiality of the address of an ERPO petitioner or a relocated 41
victim of domestic violence, sexual offense, stalking, or human tr afficking to prevent the 42
petitioner's or victim's assailants or potential assailants from finding the petitioner or victim 43
through public records. Under this Program, the Attorney General shall designate a substitute 44
address for a program participant and act as the agent of the program participant for purposes of 45
service of process and receiving and forwarding first -class mail or certified or registered mail. 46
The Attorney General shall not be required to forward any mail other than first -class mail or 47
certified or registered mail to the program participant. The Attorney General shall not be required 48
to track or otherwise maintain records of any mail received on behalf of a program participant 49
unless the mail is certified or registered mail. 50
"§ 15C-4. Filing and certification of applications; authorization card. 51
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(a) An individual who wants to participate in the Address Confidentiality Program shall 1
file an application with the Attorney General with the assistance of an application assistant. Any 2
of the following individuals may apply to the Attorney General to have an address designated by 3
the Attorney General to serve as the substitute address of the individual: 4
(1) An adult individual. 5
(2) A parent or guardian acting on behalf of a minor when the minor resides with 6
the individual. 7
(3) A guardian acting on behalf of an incapacitated individual. 8
(b) The application shall be dated, signed, and verified by the applicant and shall be 9
signed by the application assistant who assisted in the preparation of the application. 10
(c) The application shall contain all of the following: 11
(1) A statement by the applicant that the applicant is an ERPO petitioner or a 12
victim of domestic violence, sexual offense, stalking, or human trafficking 13
and that the applicant fears for the applicant's safety or the safety of the 14
applicant's child. 15
(2) Evidence Except for an applicant that is an ERPO petitioner, evidence that the 16
applicant is a victim of domestic violence, sexual offense, stalking, or human 17
trafficking. For an applicant that is an ERPO petitioner, evidence that the 18
applicant is at risk from violence or other unlawful conduct from the 19
respondent in a petition filed under Chapter 50E of the General Statutes. This 20
evidence may include any of the following: 21
a. Law enforcement, cou rt, or other federal or state agency records or 22
files. 23
b. Documentation from a domestic violence program if the applicant is 24
alleged to be a victim of domestic violence. 25
c. Documentation from a religious, medical, or other professional from 26
whom the applicant has sought assistance in dealing with the alleged 27
domestic violence, sexual offense, or stalking. 28
d. Documentation submitted to support a victim of human trafficking's 29
application for federal assistance or benefits under federal human 30
trafficking laws. 31
… 32
(4) A Except for an applicant that is an ERPO petitio ner, a statement by the 33
applicant that the applicant has or will confidentially relocate in North 34
Carolina. 35
… 36
(7) The address that the applicant requests not to be disclosed by the Attorney 37
General that directly relates to the increased risk of domestic violence, sexual 38
offense, or stalking.stalking, or other unlawful conduct. 39
…." 40
SECTION 1.(c) Development of Forms. – The Administrative Office of the Courts 41
shall develop the appropriate forms to implement the processes provided under Chapter 50E of 42
the General Statutes, as enacted by this section. 43
SECTION 1.(d) Section Effective Date. – This section becomes effective October 44
1, 2025. 45
SECTION 2.(a) G.S. 50B-3.1(d) reads as rewritten: 46
"(d) Surrender. – Upon service of the order, the defendant shall immediately surrender to 47
the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 48
and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 49
control of the defendant. In the event that weapons cannot be surrendered at the time the order is 50
served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 51
General Assembly Of North Carolina Session 2025
Page 10 House Bill 166-First Edition
24 hours of service at a time and place specified by the sheriff. If the defendant fails to surrender 1
the firearms, ammunitions, and permits to the sheriff within 24 hours of service, the court shall 2
order the sheriff to seize the firearms, ammunitions, and permits. The sheriff shall store the 3
firearms or contract with a licensed firearms dealer to provide storage. 4
(1) If the court orders the defendant to surrender firearms, ammunition, and 5
permits, the court shall inform the plaintiff and the defendant of the terms of 6
the protective order and include these terms on the face of the order, including 7
that the defendant is prohibited from possessing, purchasing, or receiving or 8
attempting to possess, purchase, or receiv e a firearm for so long as the 9
protective order or any successive protective order is in effect. The terms of 10
the order shall include instructions as to how the defendant may request 11
retrieval of any firearms, ammunition, and permits surrendered to the she riff 12
when the protective order is no longer in effect. The terms shall also include 13
notice of the penalty for violation of G.S. 14-269.8. 14
(2) The sheriff may charge the defendant a reasonable fee for the storage of any 15
firearms and ammunition taken pursuan t to a protective order. The fees are 16
payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 17
the county finance officer. The fees shall be used by the sheriff to pay the costs 18
of administering this section and for other law enforc ement purposes. The 19
county shall expend the restricted funds for these purposes only. The sheriff 20
shall not release firearms, ammunition, or permits without a court order 21
granting the release. The defendant must remit all fees owed prior to the 22
authorized return of any firearms, ammunition, or permits. The sheriff shall 23
not incur any civil or criminal liability for alleged damage or deterioration due 24
to storage or transportation of any firearms or ammunition held pursuant to 25
this section." 26
SECTION 2.(b) Section Effective Date. – This section is effective when it becomes 27
law and applies to orders issued on or after that date. 28
SECTION 3. Act Effective Date. – Except as otherwise provided, this act is effective 29
when it becomes law. 30