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Last Action

Ref To Com On Rules, Calendar, and Operations of the House2025-02-24

Vote Breakdown

No floor votes recorded.

Plain Language Summary

This bill creates Extreme Risk Protection Orders (ERPOs) in North Carolina, which allow courts to temporarily remove firearms from people who pose a danger of harming themselves or others. Family members, law enforcement, healthcare providers, and others can petition for these orders, which can last up to one year and be renewed. The bill also requires courts to order seizure of firearms when someone fails to surrender them under existing domestic violence protective orders.

Arguments in Favor

• •Supporters argue ERPOs can prevent suicides and mass shootings by removing access to firearms during mental health crises or periods of violent behavior.
• •They point out the bill includes due process protections like court hearings, clear evidence standards, and the ability for respondents to request termination or retrieval of firearms.
• •The bill provides a legal tool for concerned family members and professionals to intervene when someone shows warning signs of danger, potentially saving lives.

Arguments Against

• •Opponents worry ERPOs could violate Second Amendment rights by removing firearms without conviction of a crime, relying instead on predictions of future danger.
• •They express concern about ex parte orders issued without the respondent present, the burden placed on respondents to prove they're no longer dangerous (rather than petitioners proving danger), and the potential for misuse by people filing false claims.
• •Some also question whether the law effectively addresses underlying mental health issues rather than just removing guns temporarily.