The Firearms Liberty Act.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 3
HOUSE BILL 674
Committee Substitute Favorable 4/29/25
Third Edition Engrossed 5/7/25

Short Title: The Firearms Liberty Act. (Public)
Sponsors:
Referred to:
April 3, 2025
*H674-v-3*
A BILL TO BE ENTITLED 1
AN ACT TO ALLOW THE ISSUANCE OF LIFETIME CONCEALED HANDGUN 2
PERMITS, TO PROVIDE THAT A CONCEALED CARRY PERMITTEE WHO ALLOWS 3
THE PERMIT TO LAPSE DOES NOT HAVE TO TAK E ANOTHER FIREARMS 4
SAFETY AND TRAINING COURSE UPON APPLYING FOR RENEWAL UNDER 5
CERTAIN CONDITIONS, TO PROTECT THE PROPE RTY RIGHTS OF PERSON S 6
SUBJECT TO A DOMESTI C VIOLENCE PROTECTIV E ORDER BY ALLOWING 7
THEM TO STORE THEIR FIREARMS WITH OR SELL THEIR FIREARMS THROUGH 8
A QUALIFIED LICENSED FIREARMS DEALER, TO PROVIDE LIABIL ITY 9
PROTECTION FOR A FED ERAL FIREARMS LICENS EE THAT ENTERS INTO A 10
SAFETY HOLD AGREEMEN T, TO AUTHORIZE THE STORAGE AND USE OF 11
DEFENSIVE DEVICES IN BIOMETRIC SAFES FOR SCHOOLS, AND TO BROADEN 12
DOOR LOCK EXEMPTIONS FOR CERTAIN BUSINESSES. 13
The General Assembly of North Carolina enacts: 14
15
PART I. TITLE 16
SECTION 1.1. This act shall be known as "The Firearms Liberty Act." 17
18
PART II. LIFETIME CONCEALED HANDGUN PERMITS 19
SECTION 2.1. G.S. 14-415.10 reads as rewritten: 20
"§ 14-415.10. Definitions. 21
The following definitions apply to this Article: 22
(1) Carry a concealed handgun. – The term includes possession of a concealed 23
handgun. 24
(1a) Deployed or deployment. – Any military duty that removes a military 25
permittee from the permittee's county of residence during whic h time the 26
permittee's permit expires or will expire. 27
(1b) Fixed duration permit. – A concealed handgun permit issued in accordance 28
with the provisions of this Article and with a stated expiration date. 29
(2) Handgun. – A firearm that has a short stock and i s designed to be held and 30
fired by the use of a single hand. 31
(2a) Lifetime permit. – A concealed handgun permit issued in accordance with the 32
provisions of this Article with no expiration date. 33
(2a)(2b) Military permittee. – A person who holds a permit who is also a member 34
of the Armed Forces of the United States, the reserve components of the 35
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Armed Forces of the United States, the North Carolina Army National Guard, 1
or the North Carolina Air National Guard. 2
(3) Permit. – A concealed handgun permit fixed duration permit or lifetime permit 3
issued in accordance with the provisions of this Article. 4
…." 5
SECTION 2.2. G.S. 14-415.11 reads as rewritten: 6
"§ 14-415.11. Permit to carry concealed handgun; scope of permit. 7
(a) Any person who has a concealed handgun permit to carry a concealed handgun may 8
carry a concealed handgun unless otherwise specifically prohibited by law. The person shall carry 9
the permit together with valid identification whenever the person is carrying a concealed 10
handgun, shall disclose to a ny law enforcement officer that the person holds a valid permit and 11
is carrying a concealed handgun when approached or addressed by the officer, and shall display 12
both the permit and the proper identification upon the request of a law enforcement officer. In 13
addition to these requirements, a military permittee with a fixed duration permit whose permit 14
has expired during deployment may carry a concealed handgun during the 90 days following the 15
end of deployment and before the permit is renewed provided the p ermittee also displays proof 16
of deployment to any law enforcement officer. 17
(b) The sheriff shall issue a permit to carry a concealed handgun to a person who qualifies 18
for a permit under G.S. 14-415.12. The A fixed duration permit shall be valid throughout the 19
State for a period of five years from the date of issuance. A lifetime permit shall be valid 20
throughout the State until revoked or surrendered. 21
… 22
(d) A person who is issued a permit shall notify the sheriff who issued the permit of the 23
county where the person resides of any change in the person's permanent address within 30 days 24
after the change of address. If a permit is lost or destroyed, the person to whom the permit was 25
issued shall notify the sheriff who issued the permit of the loss or destruction of the permit. A 26
person may obtain a duplicate permit by submitting to the sheriff a notarized statement that the 27
permit was lost or destroyed and paying the required duplicate permit fee." 28
SECTION 2.3. G.S. 14-415.14(a) reads as rewritten: 29
"(a) The sheriff shall make permit applications readily available at the office of the sheriff 30
or at other public offices in the sheriff's jurisdiction. The permit application shall be in triplicate, 31
in a form to be prescribed by the State Bureau of Investigation, and shall include the following 32
information with regard to the applicant: name, address, physical description, signature, date of 33
birth, social security number, military status, law enforcement status, and the drivers license 34
number or State identification card number of the applicant if used for identification in applying 35
for the permit. The application shall also indicate if the application is for a fixed duration permit 36
or a lifetime permit." 37
SECTION 2.4. G.S. 14-415.15 reads as rewritten: 38
"§ 14-415.15. Issuance or denial of permit. 39
(a) Except as permitted under subsection (b) of this section, within 45 days after receipt 40
of the items listed in G.S. 14-415.13 from an applicant, and receipt of the required records 41
concerning the mental health or capacity o f the applicant, the sheriff shall either issue or deny 42
the permit. The sheriff may conduct any investigation necessary to determine the qualification or 43
competency of the person applying for the permit, including record checks. The sheriff shall 44
make the request for any records concerning the mental health or capacity of the applicant within 45
10 days of receipt of the items listed in G.S. 14-415.13. No person, company, mental health 46
provider, or governmental entity may charge additional fees to the applican t for background 47
checks conducted under this subsection. A permit shall not be denied unless the applicant is 48
determined to be ineligible pursuant to G.S. 14-415.12. 49
(b) Upon presentment to the sheriff of the items required under G.S. 14-415.13 (a)(1), 50
(2), and (3), the sheriff may issue a temporary permit for a period not to exceed 45 days to a 51
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person who the sheriff reasonably believes is in an emergency situation that may constitute a risk 1
of safety to the person, the person's family or property. The app licant may submit proof of a 2
protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an 3
emergency situation. The temporary permit may not be renewed and may be revoked by the 4
sheriff without a hearing. 5
(c) A person's application for a permit shall be denied only if the applicant fails to qualify 6
under the criteria listed in this Article. If the sheriff denies the application for a permit, the sheriff 7
shall, within 45 days, notify the applicant in writing, stating the grounds for denial. An applicant 8
may appeal the denial, revocation, denial of a permit or the nonrenewal of a fixed duration permit 9
by petitioning a district court judge of the district in which the application was filed. The 10
determination by the court, on appeal, shall be upon the facts, the law, and the reasonableness of 11
the sheriff's refusal. The determination by the court shall be final.final for the purpose of appeal." 12
SECTION 2.5. G.S. 14-415.16, as amended by Section 3.1 of this act, reads as 13
rewritten: 14
"§ 14-415.16. Renewal of fixed duration permit. 15
(a) At least 45 days prior to the expiration date of a fixed duration permit, the sheriff of 16
the county where the permit was issued shall send a written notice to the permittee explaining 17
that the permit is about to expire and including information about the requirements for renewal 18
of the permit. The notice shall be sent by first class mail to the last known address of the 19
permittee. Failure to receive a renewal notice shall not relieve a permittee of requi rements 20
imposed in this section for renewal of the permit. 21
(b) The holder of a fixed duration permit shall apply to renew the permit within the 22
90-day period prior to its expiration date by filing with the sheriff of the county in which the 23
person resides a renewal form provided by the sheriff's office, an affidavit stating that the 24
permittee remains qualified under the criteria provided in this Article, a newly administered full 25
set of the permittee's fingerprints, and a renewal fee. The renewal form shall indicate whether the 26
holder of the permit would like the renewal to be issued as a fixed duration permit or a lifetime 27
permit. 28
… 29
(e) If the permittee does not apply to renew the fixed duration permit prior to its 30
expiration date, but does apply to renew the permit less than 180 days after the permit expires, 31
the sheriff shall waive the requirement of taking another firearms safety and training course. If 32
the permittee applies to renew the permit between 180 days and one year after the permit expires, 33
the sheriff may waive the requirement of taking another firearms and safety training course. This 34
subsection does not extend the expiration date of the fixed duration permit. 35
(f) An applicant may app eal the nonrenewal of a fixed duration permit as provided in 36
G.S. 14-415.15(c)." 37
SECTION 2.6. G.S. 14-415.16A reads as rewritten: 38
"§ 14 -415.16A. Permit extensions and renewals of fixed duration permits for deployed 39
military permittees. 40
(a) A deployed mil itary permittee whose fixed duration permit will expire during the 41
permittee's deployment, or the permittee's agent, may apply to the sheriff for an extension of the 42
military permittee's permit by providing the sheriff with a copy of the permittee's proof of 43
deployment. Upon receipt of the proof, the sheriff shall extend the fixed duration permit for a 44
period to end 90 days after the permittee's deployment is scheduled to end. A fixed duration 45
permit that has been extended under this section shall be valid throughout the State during the 46
period of its extension. 47
(b) A military permittee's fixed duration permit that is not extended under subsection (a) 48
of this section and that expires during deployment shall remain valid during the deployment and 49
for 90 days after the end of the deployment as if the permit had not expired. The military permittee 50
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may carry a concealed handgun during this period provided the permittee meets all the 1
requirements of G.S. 14-415.11(a). 2
(c) A military permittee under subsection (a) or subsection (b) of this section shall have 3
90 days after the end of the permittee's deployment to renew the fixed duration permit. In addition 4
to the requirements of G.S. 14-415.16, the permittee shall provide to the sheriff proof of 5
deployment. The sheriff shall renew the permit upon receipt of this documentation provided the 6
permittee otherwise remains qualified to hold a concealed handgun permit." 7
SECTION 2.7. Article 54B of Chapter 14 of the General Statutes is amended by 8
adding a new section to read: 9
"§ 14-415.16B. Reissuance of a lifetime permit as a fixed duration permit. 10
The holder of a lifetime permit may apply at any time to have the lifetime permit reissued as 11
a fixed duration permit . An application for reissuance shall be submitted by the per mittee and 12
considered by the sheriff in the same manner as an application for renewal of a fixed duration 13
permit pursuant to the applicable provisions of G.S. 14-415.16." 14
SECTION 2.8. G.S. 14-415.17 reads as rewritten: 15
"§ 14-415.17. Permit; sheriff to retain a list of permittees; confidentiality of list and permit 16
application information; availability to law enforcement agencies. 17
(a) The permit shall be in a certificate form, as prescribed by the State Bureau of 18
Investigation, that is approximately the size of a North Carolina drivers license. It shall bear the 19
signature, name, address, date of birth, and the drivers license identification number used in 20
applying for the permit. A lifetime permit shall bear a clear indication of its lifetime duration on 21
its face. A fixed duration permit shall bear the expiration date of the permit on its face. 22
(b) The sheriff shall maintain a listing, including the identifying information, of those 23
persons who are issued a permit. permit and whether the permit issued is a fixed duration permit 24
or a lifetime permit. Within five days of the date a permit is issued, the sheriff shall send a copy 25
of the permit to the State Bureau of Investigation. 26
(c) Except as provided otherwise by this subsection, the list of permit holders and the 27
information collected by the sheriff to process an application for a permit are confidential and 28
are not a public record under G.S. 132-1. The sheriff shall make the list of permit holders and the 29
permit information available upon request to all St ate and local law enforcement agencies. The 30
State Bureau of Investigation shall make the list of permit holders and the information collected 31
by the sheriff to process an application for a permit available to law enforcement officers and 32
clerks of court on a statewide system. 33
(d) A sheriff shall provide any change of permanent address received pursuant to 34
G.S. 14-415.11(d) to the State Bureau of Investigation for inclusion in the statewide system 35
required by subsection (c) of this section." 36
SECTION 2.9. G.S. 14-415.18(a) reads as rewritten: 37
"(a) The sheriff of the county where the permit was issued or the sheriff of the county 38
where the person resides may revoke a permit subsequent to a hearing for any of the following 39
reasons: 40
(1) Fraud or intentional and material misrepresentation in the obtaining of a 41
permit. 42
(2) Misuse of a permit, including lending or giving a permit or a duplicate permit 43
to another person, materially altering a permit, or using a permit with the intent 44
to unlawfully cause harm to a person or property. It shall not be considered 45
misuse of a permit to provide a duplicate of the permit to a vender vendor for 46
record-keeping purposes. 47
(3) The doing of an act or existence of a condition which would have been 48
grounds for the denial of the permit by the sheriff. 49
(4) The violation of any of the terms of this Article. 50
(5) Repealed by Session Laws 2013-369, s. 20, effective October 1, 2013. 51
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(6) The person is no longer a resident of the State. 1
A permittee may appeal the revocation, or nonrenewal revocation of a permit by petitioning 2
a district court judge of the district in which the applicant resides. The determination by the court, 3
on appeal, shall be upon the facts, the law, and the reasonableness of the sheriff's refusal. The 4
determination by the court shall be final for the purpose of appeal." 5
SECTION 2.10. G.S. 14-415.19 reads as rewritten: 6
"§ 14-415.19. Fees. 7
(a) The permit fees assessed under this Article are payable to the sheriff. The sheriff shall 8
transmit the proceeds of these fees to the county finance officer to be remitted or credited by the 9
county finance officer in accordance with the provisions of this section. Except as otherwise 10
provided by this section, the permit fees are as follows: 11
12
Application fee ............................................................................ $80.00 13
Renewal or reissuance fee ........................................................... $75.00 14
Duplicate permit fee .................................................................... $15.00 15
16
The county finance officer shall remit forty-five dollars ($45.00) of each new application fee 17
and forty dollars ($40.00) of each renewal or reissuance fee assessed under this subsection to the 18
North Carolina D epartment of Public Safety for the costs of State and federal criminal record 19
checks performed in connection with processing applications and for the implementation of the 20
provisions of this Article. The remaining thirty -five dollars ($35.00) of each application or 21
renewal application, renewal, or reissuance fee shall be used by the sheriff to pay the costs of 22
administering this Article and for other law enforcement purposes. The county shall expend the 23
restricted funds for these purposes only. 24
(a1) The per mit fees for a retired sworn law enforcement officer who provides the 25
information required by subdivisions (1) and (2) of this subsection to the sheriff, in addition to 26
any other information required under this Article, are as follows: 27
28
Application fee ............................................................................ $45.00 29
Renewal or reissuance fee ........................................................... $40.00 30
31
(1) A copy of the officer's letter of retirement from either the North Carolina 32
Teachers' and State Employees' Retirement System or the North Carolina 33
Local Governmental Employees' Retirement System. 34
(2) Written documentation from the head of the agency where the person was 35
previously employed indicating that the person was neither involuntarily 36
terminated nor under administrative or criminal investigation within six 37
months of retirement. 38
The county finance officer shall remit the proceeds of the fees assessed under this subsection 39
to the North Carolina Department of Public Safety to cover the cost of performing the State and 40
federal criminal record checks performed in connection with processing applications and for the 41
implementation of the provisions of this Article. 42
(b) An additional fee, not to exceed ten dollars ($10.00), shall be collected by the sheriff 43
from an applicant for a permit to pay for the costs of processing the applicant's fingerprints, if 44
fingerprints were required to be taken. This fee shall be retained by the sheriff." 45
SECTION 2.11. G.S. 14-269(a1) reads as rewritten: 46
"(a1) It shall be unlawful for any person willfully and intentionally to willfully and 47
intentionally carry any pistol or gun concealed about his or her person any pistol or gun except 48
in the following circumstances: 49
(1) The person is on the person's own premises. 50
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(2) The deadly weapon is a handgun, the person has a concealed handgun permit 1
issued in accordance with Article 54B o f this Chapter or considered valid 2
under G.S. 14-415.24, and the person is carrying the concealed handgun in 3
accordance with the scope of the concealed handgun permit as set out in 4
G.S. 14-415.11(c). 5
(3) The deadly weapon is a handgun and the person is a m ilitary permittee as 6
defined under G.S. 14-415.10(2a) G.S. 14-415.10(2b) who provides to the law 7
enforcement officer proof of deployment as required under 8
G.S. 14-415.11(a)." 9
SECTION 2.12. This Part becomes effective December 1, 2025, and applies to all 10
permits issued or renewed on or after that date. 11
12
PART III. REVISE LAW ON LAPSE OF CONCEALED CARRY PERMIT 13
SECTION 3.1. G.S. 14-415.16(e) reads as rewritten: 14
"(e) If the permittee does not apply to renew the permit prior to its expiration date, but 15
does apply to renew the permit within 60 less than 180 days after the permit expires, the sheriff 16
may shall waive the requirement of taking another firearms safety and training course. If the 17
permittee applies to renew the permit between 180 days and one year after the permit expires, 18
the sheriff may waive the requirement of taking another firearms and safety training course. This 19
subsection does not extend the expiration date of the permit." 20
SECTION 3.2. This Part becomes effective October 1, 2025, and applies to renewal 21
applications submitted on or after that date. 22
23
PART IV. PROPERTY PROTECTION ACT/DVPO 24
SECTION 4.1. G.S. 50B-3.1 reads as rewritten: 25
"§ 50B-3.1. Surrender and disposal of firearms; violations; exemptions. 26
(a) Required Surrender of Firearms. – Upon issuance of an emergency or ex parte order 27
pursuant to this Chapter, the court shall order the defendant to surrender to the sheriff all firearms, 28
machine guns, ammunition, permits to purchase firearms, and permits to carry concealed firearms 29
that are in the care, custody, possession, ownership, or control of the defendant if the court finds 30
any of the following factors: 31
(1) The use or threatened use of a deadly weapon by the defendant or a pattern of 32
prior conduct involving the use or threatened use of violence with a firearm 33
against persons. 34
(2) Threats to seriously injure or kill the aggrieved party or minor child by the 35
defendant. 36
(3) Threats to commit suicide by the defendant. 37
(4) Serious injuries inflicted upon the aggrieved party or minor child by the 38
defendant. 39
… 40
(d) Surrender. – Upon service of the order, the defendant shall immediately surrender to 41
the sheriff possession of all firearms, machine guns, ammunition, permits to purchase firearms, 42
and permits to carry concealed firearms that are in the care, custody, possession, ownership, or 43
control of the defendant. In the event that weapons cannot be surrendered at the time the order is 44
served, the defendant shall surrender the firearms, ammunitions, and permits to the sheriff within 45
24 hours of service at a time and place specified by the sheriff. The sheriff shall store the firearms 46
or contract with a licensed firearms dealer to provide storage. 47
(1) If the court orders the defendant to surrender firearms, ammunition, and 48
permits, the court shall inform the plaintiff and the defendant of the terms of 49
the protective order and include these terms on the face of the order, including 50
that the defendant is prohibited from possessing, purchasing, or receiving or 51
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attempting to possess, purchase, or receive a firearm for so long as the 1
protective order or any successive protective order is in effect. The terms of 2
the order shall include instructions as to how t he defendant may request 3
retrieval of any firearms, ammunition, and permits surrendered to the sheriff 4
when the protective order is no longer in effect. The terms shall also include 5
notice of the penalty for violation of G.S. 14-269.8. 6
(2) The sheriff may charge the defendant a reasonable fee for the storage of any 7
firearms and ammunition taken pursuant to a protective order. The fees are 8
payable to the sheriff. The sheriff shall transmit the proceeds of these fees to 9
the county finance officer. The fees shall be used by the sheriff to pay the costs 10
of administering this section and for other law enforcement purposes. The 11
county shall expend the restricted funds for these purposes only. The sheriff 12
shall not release firearms, ammunition, or permits without a court order 13
granting the release. The defendant must remit all fees owed prior to the 14
authorized return of any firearms, ammunition, or permits. The sheriff shall 15
not incur any civil or criminal liability for alleged damage or deterioration due 16
to storage or transportation of any firearms or ammunition held pursuant to 17
this section. 18
(d1) Transfer to Licensed Firearms Dealer. – After the defendant surrenders possession of 19
all firearms, machine guns, ammunition, and permits to the sheriff pursuant to subsection (d) of 20
this section, the defendant may enter into an agreement with a qualified licensed firearms dealer 21
to take possession of the surrendered items from the custody of the sheriff if (i) the defendant is 22
the owner of the items and (ii) the items have been in the custody of the sheriff at least 15 days . 23
The defendant shall authorize the qualified licensed firearms dealer to submit the form provided 24
for in this subsection requesting the transfer of the firearms, machine guns, and ammunition to 25
the sheriff currently storing the items. The qualified licensed firearms dealer must present the 26
completed form and a copy of the dealer's valid federal firearms license to the sheriff, who shall 27
have 24 hours to facilitate the transfer of the firearms, machine guns, and ammunition to the 28
dealer. Any funds received from the sale of a firearm, machine gun , or ammunition by a 29
defendant pursuant to this subsection are the property of the defendant. The defendant's permits 30
to purchase firearms and permits to carry concealed firearms shall remain in the care and custody 31
of the sheriff as provided in subsection (d) of this section. 32
At the time a qualified licensed firearms dealer takes possession of the firearms, machine 33
guns, and ammunition, the dealer shall provide a copy of the record required to be maintained 34
under federal law upon the receipt or disposition of the firearm, machine gun, or ammunition to 35
both the sheriff and the owner of the firearms, machine guns, and ammunition. 36
A qualified licensed firearms dealer that accepts firearms, machine guns, and ammunition 37
pursuant to this subsection shall not (i) release the firearms, machine guns, or ammunition to the 38
defendant unless the motion for a protective order is dismissed or any order of surrender has 39
expired or (ii) transfer possession of the firearms, machine guns, or ammuniti on to any person 40
the dealer knows or reasonably should know will allow the defendant to exercise ca re, custody, 41
possession, ownership, or control of the firearms, machine guns, or ammunition , and any 42
violation of this prohibition is a Class 2 misdemeanor. 43
The Administrative Office of the Courts shall create a form for use in transferring firearms, 44
machine guns, and ammunition from the custody of the sheriff to a qualified licensed firearms 45
dealer pursuant to this subsection . The form shall require the notarized signatures of both the 46
defendant and the qualified licensed firearms dealer and shall allow for either the storage or sale 47
of the firearms, machine guns, and ammunition by the qualified licensed firearms dealer. The 48
form shall also include information concerning the defendant's rights to recover the surrendered 49
firearms, machine guns, or ammunition. 50
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The sheriff shall not charge a fee for the first 15 days of storage for any items transferred to 1
a qualified licensed firearms dealer pursuant to this subsection. 2
(e) Retrieval. – If the court does not enter a protective order when the ex parte or 3
emergency order expires, the defendant may retrieve any weapons surrendered to the sheriff or 4
the qualified licensed firearms dealer unless the court finds that the defendant is precluded from 5
owning or possessing a firearm pursuant to State or federal law or final disposition of any pending 6
criminal charges committed against the person that is the subject of the current protective order. 7
(f) Motion Request for Return. – The defendant may request the return of any firearms, 8
ammunition, or permits surrendered by filing a motion with the court submitting a written request 9
with the sheriff or the qualified li censed firearms dealer who has control of the firearms, 10
ammunition, or permits at the expiration of the current order or final disposition of any pending 11
criminal charges committed against the person that is the subject of the current protective order 12
and not later than 90 days 30 days after the expiration of the current order or final disposition of 13
any pending criminal charges committed against the person that is the subject of the current 14
protective order. Upon receipt of the motion, request, the sheriff or the qualified licensed firearms 15
dealer shall conduct a check through the National Instant Criminal Background Check System 16
(NICS). If the results of the NICS check provide grounds that preclude the defendant from 17
owning or possessing a firearm u nder State or federal law, the sheriff or the qualified licensed 18
firearms dealer shall file a motion with the court on a form created by the Administrative Office 19
of the Courts requesting the court make a determination whether the defendant is precluded from 20
owning or possessing a firearm and shall not return the firearms, ammunition, or permits until 21
the court has ruled on the motion. Upon receipt of the motion, the court shall schedule a hearing 22
and provide written notice to the plaintiff who shall have the right to appear and be heard and to 23
the sheriff or the qualified licensed firearms dealer who has control of the firearms, ammunition, 24
or permits. The court shall determine whether the defendant is subject to any State or federal law 25
or court order that precludes the defendant from owning o r possessing a firearm. The inquiry 26
shall include: 27
(1) Whether the protective order has been renewed. 28
(2) Whether the defendant is subject to any other protective orders. 29
(3) Whether the defendant is disqualified from owning or possessing a firearm 30
pursuant to 18 U.S.C. § 922 or any State law. 31
(4) Whether the defendant has any pending criminal charges, in either State or 32
federal court, committed against the person that is the subject of the current 33
protective order. 34
The court shall deny the return of firear ms, ammunition, or permits if the court finds that the 35
defendant is precluded from owning or possessing a firearm pursuant to State or federal law or 36
if the defendant has any pending criminal charges, in either State or federal court, committed 37
against the person that is the subject of the current protective order until the final disposition of 38
those charges. 39
(g) Motion for Return by Third -Party Owner. – A third -party owner of firearms, 40
ammunition, or permits who is otherwise eligible to possess such items may file a motion 41
requesting the return to said third party of any such items in the possession of the sheriff or the 42
qualified licensed firearms dealer seized as a result of the entry of a domestic violence protective 43
order. The motion must be filed not later than 30 days after the seizure of the items by the sheriff. 44
Upon receipt of the third party's motion, the court shall schedule a hearing and provide written 45
notice to all parties and the sheriff. sheriff or the qualified licensed firearms dealer. The court 46
shall order return of the items to the third party unless the court determines that the third party is 47
disqualified from owning or possessing said items pursuant to State or federal law. If the court 48
denies the return of said items to the third party, the items shall be disposed of by the sheriff or 49
the qualified licensed firearms dealer as provided in subsection (h) of this section. 50
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(h) Disposal of Firearms. – If the defendant does not file a motion requesting submit a 1
written request for the return of any firearms, ammunition, or permits surrendered within the time 2
period prescribed by this section, if the court determines that the defendant is precluded from 3
regaining possession of any firearms, ammunition, or permits surrendered, or if the defendant or 4
third-party owner fails to remit all fees owed for the storage of the firearms or ammunition within 5
30 days of the request for the return of firearms, ammunition, or permits or entry of the an order 6
granting the return of the firearms, ammunition, or permits, the sheriff or the qualified licensed 7
firearms dealer who has control of the firearms, ammunition, or permits shall give notice to the 8
defendant, and the sheriff or the qualified licensed firearms dealer shall apply to the court for an 9
order of disposition of the firearms, ammunition, or permits. The judge, after a hearing, may 10
order the disposition of the firearms, ammunition, or permits in o ne or more of the ways 11
authorized by law, including subdivision (4), (4b), (5), or (6) of G.S. 14-269.1. Additionally, for 12
firearms and ammunition surrendered to a qualified licensed firearms dealer under subsection 13
(d1) of this section, the judge may order the firearms and ammunition disposed of by sale by the 14
qualified licensed firearms dealer. If a sale by the sheriff or a qualified licensed firearms dealer 15
does occur, occur pursuant to this subsection, any proceeds from the sale after deducting any 16
costs associated with the sale, sale and any storage fees owed to the sheriff or the qualified 17
licensed firearms dealer, and in accordance with all applicable State and federal law, shall be 18
provided to the defendant, if requested by the defendant by motion made before the hearing or at 19
the hearing and if ordered by the judge.defendant. 20
(i) Failure to Surrender or Disclose. – It is unlawful for any person subject to a protective 21
order prohibiting the possession or purchase of firearms to:to do any of the following: 22
(1) Fail to surrender all firearms, ammunition, permits to purchase firearms, and 23
permits to carry concealed firearms to the sheriff as ordered by the court;court. 24
(2) Fail to disclose all information pertaining to the possession of firearms, 25
ammunition, and permits to purchase and permits to carry concealed firearms 26
as requested by the court; orcourt. 27
(3) Provide false information to the court pertaining to any of these items. 28
… 29
(l) Construction. – Nothing in this section is intended to limit the discretion of the court 30
in granting additional relief as provided in other sections of this Chapter. 31
(m) Qualified Licensed Firearms Dealer. – For purposes of this section, the term 32
"qualified licensed firearms dealer" shall mean a federally licensed firearms dealer that meets all 33
of the following requirements: 34
(1) Operates a business in a commercial building located in the State. 35
(2) Is open to the public. 36
(3) Regularly engages in the purchase and sale of firearms with members of the 37
public." 38
SECTION 4.2. This Part becomes effective December 1, 2025, and applies to orders 39
issued on or after that date. 40
41
PART V. LIABILITY PROTECTION FOR SAFETY HOLD AGREEMENTS 42
SECTION 5.1. Article 53B of Chapter 14 of the General Statutes is amended by 43
adding a new section to read: 44
"§ 14-409.44. Safety hold agreements. 45
(a) Definitions. – The following definitions apply in this section: 46
(1) Federal firearms licensee. – A person licensed as a dealer, manufacturer, or 47
importer under 18 U.S.C. § 923. 48
(2) Safety hold agreement. – A private transaction between a federal firearms 49
licensee and an individual firearm owner in which the licensee takes physical 50
possession of the owner 's lawfully possessed firearm at the owner 's request, 51
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Page 10 House Bill 674-Third Edition
holds the firearm for an agreed -upon period of time, and returns the firearm 1
to the owner according to the terms of the agreement. 2
(b) Authorization. – A federal firearms licensee may enter into a safety hold agreement 3
with a firearm owner. The safety hold agreement is not required to include the payment of a fee 4
in exchange for holding or storing a firearm. 5
(c) Liability. – No individual shall have a cause of action against a federal firearm 6
licensee for any act or omission arising from a safety hold agreement which results in personal 7
injury or death of any individual, including the return of any firearm to the individual firearm 8
owner at the termination of a safety hold agreement. The immunity set forth in this subse ction 9
does not apply to any action arising from a safety hold agreement if that action is the result of the 10
negligent or reckless storage of the fir earm or otherwise unlawful conduct on the part of the 11
federal firearms licensee. 12
(d) Unclaimed Firearm. – Except as otherwise prohibited by law, if an individual firearm 13
owner does not reclaim his or her firearm at the termination of a safety hold agreement, the 14
federal firearms licensee may sell or otherwise dispose of the firearm. 15
(e) Forms. – The State Bureau of Investigation shall develop a modifiable form that may 16
be used by federal firearms licensees for entering into safety hold agreements. The Bureau shall 17
make copies of the form required under this subsection available on the Bureau's website. 18
(f) Confidentiality. – Nothing in this section shall be construed as making a safety hold 19
agreement entered into in accordance with subsection (a) of this section a public record for 20
purposes of Chapter 132 of the General Statutes. Except as otherwise agreed to by the parties to 21
the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 22
section is confidential. 23
(g) Construction. – Nothing in this section shall be construed as requiring a federal 24
firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 25
to a person prohibited by law from possessing a firearm." 26
SECTION 5.2. The State Bureau of Investigation shall adopt rules consistent with 27
the provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 28
any rules as required by this section. 29
SECTION 5.3. This Part becomes effective July 1, 2025. 30
31
PART VI. AUTHORIZE T HE STORAGE AND USE O F DEFENSIVE DEVICES IN 32
BIOMETRIC SAFES FOR SCHOOLS 33
SECTION 6.1. G.S. 14-269(b) reads as rewritten: 34
"(b) This prohibition shall not apply to the following persons: 35
… 36
(10) A public school unit or nonpublic school employee who meets the following 37
requirements: 38
a. The employee has completed annual training for a device 39
classification, as required by G.S. 115C-105.52, to access a ny 40
defensive device stored in a locked container that is securely affixed 41
to the premises of the educational property and accessible by a 42
biometric lock that limits access to only authorized employees with 43
training for defensive devices stored within the con tainer or law 44
enforcement officers. 45
b. The employee accesses and uses a defensive device in response to a 46
threatening situation in which force was justified pursuant to 47
G.S. 14-51.3." 48
SECTION 6.2. G.S. 14-269.2(g) reads as rewritten: 49
"(g) This section shall not apply to any of the following: 50
… 51
General Assembly Of North Carolina Session 2025
House Bill 674-Third Edition Page 11
(8) A weapon that is a defensive device stored on educational property , as 1
provided in G.S. 115C-105.52, or use of those devices by authorized 2
employees in response to a threatening situation in which force was justified 3
pursuant to G.S. 14-51.3." 4
SECTION 6.3. G.S. 115C-105.52 reads as rewritten: 5
"§ 115C-105.52. School Defensive device storage and school crisis kits. 6
(a) The following definitions apply in this section: 7
(1) Authorized employee. – An employee of a public school unit or nonpublic 8
school who meets all of the following requirements on an annual basis: 9
a. Receives training meeting the standards established by the Center for 10
Safer Schools for a device classification. 11
b. Is designated by the public school unit as an employee that may access 12
a defensive device storage container using that employee's biometric 13
information. 14
(2) Defensive device. – A less than lethal device used to defend against the 15
imminent use of unlawful force. A defen sive device may include , but is not 16
limited to, a disabling chemical spray, an electronic incapacitation device, or 17
any other less than lethal device. 18
(3) Defensive device storage container. – A locked container that is securely 19
affixed to the premises of the educational property and accessible by a 20
biometric lock that limits access to only authorized employees with training 21
for any device classifications stored within the container or law enforcement 22
officers. 23
(4) Device classification. – A classification of a defensive device corresponding 24
to the required training standards established by the Center for Safer Schools 25
for use of that device by an employee of the school. 26
(5) Nonpublic school. – A school that meets the requirements of Part 1 or 2 of 27
Article 39 of this Chapter. 28
(b) Any public school unit or nonpublic school may provide for defensive devices on the 29
educational property of the school if those defensive devices are stored in a defensive device 30
storage container. The administrator for each school may affix one or more defensive device 31
storage containers at appropriate locations in the school and may post signs alerting the public to 32
the presence of the defensive device storage containers. 33
(c) No employee shall be required to complete training for any defensive device, 34
regardless of device classification. Only employees that have completed the annual training for 35
a device classification shall be eligible for biometric access to a defensive device storage 36
container with that device classification. 37
(d) A public school unit, nonpublic school, or authorized employee shall not be liable in 38
civil damages for any act or omission relate d to a defensive device unless the act or omission 39
amounts to gross negligence, wanton conduct, or intentional wrongdoing. 40
(e) The Center for Safer Schools, in consultat ion with the Department of Public 41
Instruction and the Department of Public Safety, shall develop and adopt policies on the 42
placement of school crisis kits in schools and on the contents of those kits. The kits shall include, 43
at a minimum, basic first-aid supplies and communications devices. 44
(f) The principal of each school, in coordination with the law enforcement agencies that 45
are part of the public school unit's School Risk Management Plan, may place one or more crisis 46
kits at appropriate locations in the school." 47
SECTION 6.4. G.S. 143B-1209.59(c), as recodified under Section 3J.17 of S.L. 48
2024-57, reads as rewritten: 49
"(c) Powers and Duties. – The Center for Safer Schools shall have the following duties, 50
and all other powers and duties provided in Article 8C of Chapter 115C of the General Statutes: 51
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… 1
(11) Establish classifications of defensive devices and, in collaboration with the 2
North Carolina Criminal Justice Education and Training Standards 3
Commission, establish minimum training standards for school employees to 4
qualify to access and use that class ification of defensive device in a storage 5
container with biometric locks. The minimum training standards shall be made 6
publicly available for use of law enforcement or private entities to provide 7
training meeting those standards." 8
SECTION 6.5. Public school units awarded school safety grants for safety 9
equipment may use those grants to purchase defensive devices and defensive device storage 10
containers and associated training for public school employees. 11
SECTION 6.6. The Center for Safer Schools shall establish classifications and 12
training standards required by this Part no later than January 1, 2026. 13
SECTION 6.7. Sections 6.1, 6.2, and 6.3 of this Part become effective January 1, 14
2026, and apply to offenses committed on or after that date. The remainder of this Part is effective 15
when it becomes law. 16
17
PART VIII. MISCELLANEOUS 18
SECTION 8.1. Prosecutions for offenses committed before the effective date of this 19
act are not abated or affected by this act, and the statutes that would be applicable but for this act 20
remain applicable to those prosecutions. 21
SECTION 8.2. Except as otherwise provided, this act is effective when it becomes 22
law. 23