Bill > H166

This bill establishes a comprehensive legal framework for Extreme Risk Protection Orders (ERPOs) in North Carolina, designed to temporarily remove firearms from individuals who pose a significant risk of harming themselves or others. The bill allows family members, law enforcement, health care providers, and current or former partners to petition a court for an ERPO, which can be issued as an ex parte (emergency) order or a final order lasting up to one year. To obtain an ERPO, petitioners must provide clear and convincing evidence that the respondent poses an imminent danger, which may include factors such as recent threats of violence, mental health issues, domestic violence history, substance abuse, or recent firearm acquisitions. When an ERPO is issued, the respondent must immediately surrender all firearms, ammunition, and firearms permits to the local sheriff, who will store them for a fee. The bill includes robust due process protections, allowing respondents to request hearings to challenge the order or seek its termination. Violations of an ERPO, such as attempting to possess a firearm during the order's duration, are classified as a Class A1 misdemeanor. The bill also amends existing law to protect the addresses of ERPO petitioners and modifies domestic violence protective order procedures for firearm surrender. The law is set to take effect on October 1, 2025.

Government Affairs

https://www.ncleg.gov/BillLookUp/2025/H166