Bill > S406

This bill establishes a comprehensive legal framework for Extreme Risk Protection Orders (ERPOs), also known as "red flag" laws, in North Carolina. The legislation allows family members, law enforcement, and healthcare providers to petition a court to temporarily remove firearms from individuals who pose an imminent danger to themselves or others. The bill outlines a detailed process for obtaining an ERPO, including both ex parte (emergency) and final orders that can last up to one year. To obtain an ERPO, petitioners must provide clear and convincing evidence of the respondent's potential risk, which can include factors such as recent threats of violence, mental health issues, substance abuse, or previous domestic violence convictions. When an ERPO is issued, the respondent must immediately surrender all firearms, ammunition, and firearm permits to the local sheriff, who will store them securely. The bill includes specific provisions for how firearms can be retrieved, includes safeguards to protect respondents' due process rights, and establishes criminal penalties for violating the order. Additionally, the bill requires the Administrative Office of the Courts to submit annual reports on ERPO implementation and modifies existing laws to support address confidentiality for petitioners. The law is set to become effective on October 1, 2025, with the primary goal of reducing gun-related injuries and deaths while respecting constitutional rights.

https://www.ncleg.gov/BillLookUp/2025/S406