Bill Summaries: S157 (2017-2018 Session)

Tracking:
  • Bill S 157 (2017-2018)
    Summary date: Mar 1 2017 - View summary

    Amends GS 14-409.42 to change the name of the law to Restoration process to remove firearm disabilities (currently, Restoration process to remove mental commitment bar). Creates new procedure for individuals seeking relief from firearm disabilities resulting from an adjudication of incompetence under GS 14-409.43(a)(6), which is a finding than an individual lacks the capacity to manage the individual's own affairs due to a marked subnormal intelligence or mental illness, incompetency, condition, or disease. Requires individual to file a petition for restoration to competency under GS 35A-1130, and following entry of an order restoring competency, allows individual to submit a request to the clerk in the incompetency proceeding to update the individual's record in the National Instant Criminal Background Check System (NICS). Directs clerk to update the record in NICS upon verification of restoration of competency.

    Preserves current procedure for individuals with firearm disabilities under GS 14-409.43(a)(1–5). Makes conforming changes.

    Effective October 1, 2017.
    Courts/Judiciary, Criminal Justice, Criminal Law and Procedure, Health and Human Services, Mental Health
    GS 14

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