What Those Dealing with Domestic Violence Need to Know
On April 4, 2023, Senate Bill 496 was filed in the North Carolina legislature by three state senators: Sydney Batch, Michael Garrett, and Mary Wills Bode. The bill has since been referred to the Committee on Rules and Operations of the Senate. If passed, there are some aspects of the Bill that may be pertinent to family law practitioners.
In part, the proposed law would require individuals to have a State Bureau of Investigation (SBI)-issued pistol purchase permit, or a valid North Carolina concealed handgun permit to buy, sell, gift, transfer, or obtain pistols. This is a change from the current law, which does not require a purchase permit. Additionally, certain individuals would be prohibited from owning firearms, including felons, fugitives, certain drug users, those deemed mentally incompetent, dishonorably discharged from the US military, individuals who have renounced their US citizenship, and respondents who are subject to a domestic violence protective order (DVPO) under specific conditions. Specifically, the DVPO respondent must have been given notice of, and the opportunity to, participate in a hearing regarding the DVPO, and a judge must have found that a child or intimate partner needs the DVPO to prevent threats to physical safety, harassment, stalking, or assault by the respondent.
At this time, DVPO orders already require respondents to surrender any firearms to the sheriff. However, there can be a significant delay between the time a petitioner files for a DVPO and when the respondent is served and an even longer lag until the time of a hearing. In cases of domestic violence, this lag time can be dangerous – if not deadly. Currently, judges may issue a temporary order known as an “ex parte” DVPO to protect individuals during the time between filing the request for protection and the hearing.
Similarly, Senate Bill 496 includes a provision allowing family, household members, or law enforcement to seek an Extreme Risk Protection Order (ERPO) from the court in the county where the respondent resides in emergency situations. ERPO’s would only be granted when the court finds that, more likely than not, the respondent poses a danger of causing physical harm to themself or another person if they remain in possession of a firearm. If granted by the court, an ERPO would require the respondent to immediately surrender all firearms, ammunition, and gun permits to the sheriff. Like DVPO’s, an ex parte hearing would be held within ten days to determine whether the ERPO may be extended.
If violated, an ERPO could lead to serious criminal consequences. Violations of the order would be considered a Class A1 misdemeanor – the most serious level of misdemeanor. Likewise, making false statements to obtain an ERPO against someone would be considered a crime. To protect individuals against whom an ERPO is wrongly sought, anyone who submits false information to law enforcement or the court when requesting an ERPO could be found guilty of a Class 2 misdemeanor.
, In summary, , Senate Bill 496 proposes changes to North Carolina gun laws that would affect the purchase and ownership of firearms and includes changes to current provisions to protect individuals in domestic violence situations that family law attorneys should be aware of. Sodoma Law attorneys are tenacious and dedicated advocates for domestic violence survivors. If you have questions about domestic abuse, we can help. You can contact us safely and securely at 704.442.0000 or fill out the form.