Recognize Safety Hold Agreements.

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2025
H 1
HOUSE BILL 901

Short Title: Recognize Safety Hold Agreements. (Public)
Sponsors: Representatives Charles Smith, Adams, Carson Smith, and Reives (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
April 14, 2025
*H901-v-1*
A BILL TO BE ENTITLED 1
AN ACT TO PROVIDE LI ABILITY PROTECTION F OR A FEDERAL FIREARM S 2
LICENSEE THAT ENTERS INTO A SAFETY HOLD AGREEMENT. 3
The General Assembly of North Carolina enacts: 4
SECTION 1. Article 53B of Chapter 14 of the General Statutes is amended by adding 5
a new section to read: 6
"§ 14-409.44. Safety hold agreements. 7
(a) Definitions. – The following definitions apply in this section: 8
(1) Federal firearms licensee. – A person licensed as a dealer, manufacturer, or 9
importer under 18 U.S.C. § 923. 10
(2) Safety hold agreement. – A private transaction between a federal firearms 11
licensee and an individual firearm owner in which the licensee takes physical 12
possession of the owner 's lawfully possessed firearm at the owner 's request, 13
holds the firearm for an agreed -upon period of time, and returns the firearm 14
to the owner according to the terms of the agreement. 15
(b) Authorization. – A federal firearms licensee may enter into a safety hold agreement 16
with a firearm owner. The safety hold agreement shall not require the payment of a fee in 17
exchange for holding or storing a firearm. 18
(c) Liability. – No individual shall have a cause of action against a federal firearm 19
licensee for any act or omission arising from a safety hold agreement which results in personal 20
injury or death of any individual, including the return of any firearm to the individual firearm 21
owner at the termination of a safety hold agreement. The immunity set forth in this subsection 22
does not apply to any action arising from a safety hold agreement if that action is the result of the 23
negligent or reckless storage of the firearm or otherwise unlawful conduct on the part of the 24
federal firearms licensee. 25
(d) Unclaimed Firearm. – Except as otherwise prohibited by law, if an individual firearm 26
owner does not reclaim his or her firearm at the termination of a safety hold agreement, the 27
federal firearms licensee may sell or otherwise dispose of the firearm. 28
(e) Forms. – The State Bureau of Investigation shall develop a modifiable form that may 29
be used by federal firearms licensees for entering into safety hold agreements. The Bureau shall 30
make copies of the form required under this subsection available on the Bureau's website. 31
(f) Confidentiality. – Nothing in this section shall be construed as making a safety hold 32
agreement entered into in accordance with subsection (a) of this section a public record for 33
purposes of Chapter 132 of the General Statutes. Except as otherwise agreed to by the parties to 34
General Assembly Of North Carolina Session 2025
Page 2 House Bill 901-First Edition
the agreement, a safety hold agreement entered into in accordance with subsection (a) of this 1
section is confidential. 2
(g) Construction. – Nothing in this section shall be construed as requiring a federal 3
firearms licensee to (i) take possession of an unlawfully possessed firearm or (ii) return a firearm 4
to a person prohibited by law from possessing a firearm." 5
SECTION 2. The State Bureau of Investigation shall adopt rules consistent with the 6
provisions of this act. The Bureau may use the procedure set forth in G.S. 150B-21.1 to adopt 7
any rules as required by this section. 8
SECTION 3. This act becomes effective July 1, 2025. 9