CCW Permit/No Records Provided.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 2
HOUSE BILL 427
Committee Substitute Favorable 4/8/25

Short Title: CCW Permit/No Records Provided. (Public)
Sponsors:
Referred to:
March 19, 2025
*H427-v-2*
A BILL TO BE ENTITLED 1
AN ACT TO REPLACE TH E REQUIRED DISCLOSUR E OF RECORDS CONCERN ING 2
THE MENTAL HEALTH OR CAPACITY OF AN APPL ICANT FOR A CONCEALE D 3
HANDGUN PERMIT WITH A "YES" OR "NO" STATEMENT INDICATING WHETHER 4
THE PERSON OR ENTITY HAS INFORMATION THAT THE APPLICANT HAS BEEN 5
DIAGNOSED BY A MEDICAL PROFESSIONAL WITH A MENTAL ILLNESS. 6
The General Assembly of North Carolina enacts: 7
SECTION 1. G.S. 14-415.13(a)(5) reads as rewritten: 8
"(5) A release, in a form to be prescribed by the Administrative Office of the 9
Courts, that authorizes and requires disclosure to the sheriff of any records 10
concerning the mental health or capacity of the applicant to be used for the 11
sole purpose of determining whether the applicant is disqualified for a permit 12
under the provisions of G.S. 14-415.12. G.S. 14-415.12(b). This provision 13
does not prohibit submitting information related to involuntary commitment 14
to the National Instant Criminal Background Check System (NICS)." 15
SECTION 2. G.S. 14-415.14(c) reads as rewritten: 16
"(c) Any person or entity who is presented by the applicant or by the sheriff with an 17
original or photocopied release form as described in G.S. 14-415.13(a)(5) shall promptly disclose 18
to shall, within 15 days of receipt of the release, provide the sheriff any records concerning the 19
mental health or capacity of the applicant who signed the form and authorized the release of the 20
records. with an initial statement indicating "Yes" or "No" as to whether the person or entity has 21
medical records pertaining to the applicant. If a person or entity responds with an initial statement 22
indicating "Yes," then the person or entity shall, no later than 30 days from the initial receipt of 23
the release, provide the sheriff with a copy of any mental health records that indicate the applicant 24
has been diagnosed by a medical professional with a mental illness. If the person or entity does 25
not have records that indicate the applicant has been diagnosed by a medical professional with a 26
mental illness, the person or entity must respond to the sheriff and provide a statement indicating 27
that none of the records are related to a mental health diagnosis. In the absence of fraud or malice, 28
no person or entity who responds with a statement in accordance with this subsection shall be 29
liable for damages in a civil action if the statement and any accompanying information is found 30
to be inaccurate or otherwise in error. Nothing in this subsection shall be construed as requiring 31
the disclosure of records not related to mental health to the sheriff." 32
SECTION 3. G.S. 14-415.15(a) reads as rewritten: 33
"(a) Except as permitted under subsection (b) of this section, within 45 days after receipt 34
of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records 35
concerning the mental health or capacity of the applicant, the sheriff shall either issue or deny 36
General Assembly Of North Carolina Session 2025
Page 2 House Bill 427-Second Edition
the permit. The sheriff may conduct any investigation necessary to determine the qualification or 1
competency of the person applying for the permit, including record checks. The sheriff shall 2
make the request for any records any statements concerning the mental health or capacity records 3
of the applicant within 10 days of receipt of the items listed in G.S. 14-415.13. No person, 4
company, mental health provider, or governmental entity may charge additional fees to the 5
applicant for background checks conducted under this subsection. A permit shall not be denied 6
unless the applicant is determined to be ineligible pursuant to G.S. 14-415.12." 7
SECTION 4. G.S. 14-415.15(c) reads as rewritten: 8
"(c) A person's application for a permit shall be denied only if the applicant fails to qualify 9
under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff 10
shall, within 45 days, notify the applicant in writing, stating the grounds for denial. Any grounds 11
for denial provided in accordance with this subsection shall (i) identify any medical professional 12
or facility who provided a copy of mental health records under G.S. 14-415.14(c) and (ii) provide 13
contact information for any medical professional or facility who provided the copy. An applicant 14
may appeal the denial, revocation, or nonrenewal of a permit by petitioning a district court judge 15
of the district in which the application was filed. The determination by the court, on appeal, shall 16
be upon the facts, the law, and the reasonableness of the sheriff's refusal. The determination by 17
the court shall be final." 18
SECTION 5. By no later than September 30, 2025, the Administrative Office of the 19
Courts shall update the release required under G.S. 14-415.13(a)(5) to reflect the amendment set 20
forth in Section 1 of this act. 21
SECTION 6. This act becomes effective October 1, 2025, and applies to applications 22
submitted on or after that date. 23