GENERAL ASSEMBLY OF NORTH CAROLINA

SESSION 2005

 

 

SESSION LAW 2005-343

HOUSE BILL 1311

 

 

AN ACT allowing domestic violence victims to Apply for a temporary concealed handgun permit upon showing proof of a protective order issued under Chapter 50B of the General Statutes as evidence of an emergency situation in order to empower domestic violence victims to protect themselves and their families.

 

The General Assembly of North Carolina enacts:

 

SECTION 1.  G.S. 14-415.15(b) reads as rewritten:

"(b)      Upon presentment to the sheriff of the items required under G.S. 14-415.13(a)(1), (2), and (3), the sheriff may issue a temporary permit for a period not to exceed 90 days to a person who the sheriff reasonably believes is in an emergency situation that may constitute a risk of safety to the person, the person's family or property. The applicant may submit proof of a protective order issued under G.S. 50B-3 for the protection of the applicant as evidence of an emergency situation. The temporary permit may not be renewed and may be revoked by the sheriff without a hearing."

SECTION 2.  G.S. 50B-3 is amended by adding the following new subsection to read:

"(c1)    When a protective order issued under this Chapter is filed with the Clerk of Superior Court, the clerk shall provide to the applicant an informational sheet developed by the Administrative Office of the Courts that explains the plaintiff's right to apply for a permit under G.S. 14-415.15."

SECTION 3.  The Administrative Office of the Courts shall develop a standard informational sheet for plaintiffs issued protective orders under Chapter 50B of the General Statutes that explains the plaintiffs' right to apply for a permit under G.S. 14-415.15.


SECTION 4.  This act becomes effective October 1, 2005, and applies to protective orders issued on or after that date.

In the General Assembly read three times and ratified this the 16th day of August, 2005.

 

 

                                                                    s/ Marc Basnight

                                                                         President Pro Tempore of the Senate

 

 

                                                                    s/ James B. Black

                                                                         Speaker of the House of Representatives

 

 

                                                                    s/ Michael F. Easley

                                                                         Governor

 

 

Approved 3:33 p.m. this 27th day of August, 2005