Senate committee substitute makes the following changes to the 4th edition:
Changes the long title.
Amends GS 15A-145.5(a) to provide that the following crimes are not eligible for expunction: (1) the offense of breaking and entering with the intent to commit a felony or larceny, or to terrorize or injure the occupant (GS 14-54(a) and (a1)); (2) breaking and entering a place of worship (GS 14-54.1); (3) preparation to commit a burglary, or breaking and entering by possession of a dangerous weapon or a picklock or other implement of housebreaking (GS 14-55); (4) the felony offense of entering into or breaking out of railroad cars, motor vehicles, trailers, aircraft, boats, or other watercraft (GS 14-56); and (5) any offense that is an attempt to commit an offense that is not eligible for expunction. Effective December 1, 2014, applying to petitions filed on or after that date; petitions filed prior to that date are not abated by these provisions.
Amends the effective date for Sections 1 and 2 of the act to October 1, 2014 (was, October 1, 2013).
Bill Summaries: H618 (2013-2014 Session)
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Bill H 618 (2013-2014)Summary date: Jun 10 2014 - View summary
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Bill H 618 (2013-2014)Summary date: Jul 25 2013 - View summary
House amendment to the 3rd edition makes the following changes.
Amends GS 14-415.1(f) to provide that the statute does not apply to, there is no disentitlement under the statute for, and restores the firearms to any person who meets the specified criteria, including, had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights on (was, after) that date occurred only because of the effect of amendments to the statutes enacted by SL 1995-487 that were applicable to any person convicted of a felony before December 1, 1995.
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Bill H 618 (2013-2014)Summary date: Jul 24 2013 - View summary
House committee substitute to the 2nd edition makes the following changes.
Amends GS 14-415.1 to provide that the statute does not apply to, there is no disentitlement under the statute for, and the firearms rights are restored to: (1) any person who had firearms rights restored before December 1, 1995, and the forfeiture of the person's rights after that date occurred only because of the effect of amendments to the statutes enacted by SL 1995-487 that were applicable to any person convicted of a felony before December 1, 1995, (2) the person's felony convictions before December 1, 1995, are only for nonviolent felonies, and (3) the person has not been convicted of any subsequent felony on or after December 1, 1995, that would require forfeiture of the person's firearms rights and cause the person to be disentitled under the statute.
Deletes all changes to GS 14-415.4, except the changes to (k) that increase the fee for a petition for restoring firearms rights to $250.
Amends the act's long title.
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Bill H 618 (2013-2014)Summary date: Jun 27 2013 - View summary
House committee substitute to the 1st edition makes the following changes.
Amends GS 14-415.4 as follows. Adds that an offense under GS 90-95, concerning the manufacture, sale, or delivery of drugs, is not a nonviolent felony. Requires the denial of a petition to restore firearm rights if the court finds the petitioner has had entry of a prayer for judgment continued for a violent felony (was, a felony) in addition to any nonviolent felony conviction. Deletes the provision that allowed a person to petition to have firearms rights restored only for a single nonviolent felony conviction in a 10-year period. Increases the restoration petition filing fee from $200 to $250.
Changes the act's effective date from December 1, 2013, to October 1, 2013.
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Bill H 618 (2013-2014)Summary date: Apr 9 2013 - View summary
Amends GS 14-415.4 to shorten the waiting time for restoring firearm rights to 10 years (was, 20 years) after restoration of civil rights. Allows a person whose firearms rights have been restored under this statute and who commits a subsequent nonviolent felony to petition the court to remove the person's disentitlement under GS 14-415.1 for the subsequent nonviolent felony conviction and again restore the person's firearms rights. Prohibits filing a petition for a subsequent nonviolent felony until the person's citizenship rights have been restored for the subsequent nonviolent felony conviction for at least 10 years. Allows a person to petition to have his or her firearms rights restored only for a single nonviolent felony conviction in a 10-year period. Counts multiple nonviolent felony convictions arising out of the same event and consolidated for sentencing as one nonviolent felony. Makes conforming changes.
Effective December 1, 2013.