A BILL TO BE ENTITLED
AN ACT to authorize a county or city to adopt an ordinance allowing for the destruction of firearms found, received, confiscated, or seized in accordance with applicable law.
The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 153A‑129 is amended by adding a new subsection to read:
"(b1)	A county may by ordinance allow the destruction of a firearm turned over to a law enforcement agency pursuant to G.S. 15‑11.1(b)(4), 15‑11.2(d)(1), or 14‑269.1(4b)."
SECTION 2.  G.S. 160A‑189 reads as rewritten:
"§ 160A‑189.  Firearms.
(a)	A city may by ordinance regulate, restrict, or prohibit the discharge of firearms at any time or place within the city except when used in defense of person or property or pursuant to lawful directions of law‑enforcement officers, and may regulate the display of firearms on the streets, sidewalks, alleys, or other public property.
(b)	A city may by ordinance allow the destruction of a firearm turned over to a law enforcement agency pursuant to G.S. 15‑11.1(b)(4), 15‑11.2(d)(1), or 14‑269.1(4b).
(c)	Nothing in this section shall be construed to limit a city's authority to take action under Article 1A of Chapter 166A of the General Statutes."
SECTION 3.  G.S. 15‑11.1(b)(4) reads as rewritten:
"(4)	By ordering the firearm turned over to a law enforcement agency in the county of trial for (i) the official use of the agency, (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws, or (iii) destruction if the possessing law enforcement agency is located in a city that has adopted an ordinance pursuant to G.S. 160A‑189 or is located in a county that has adopted an ordinance pursuant to G.S. 153A‑129. The court may order a disposition of the firearm pursuant to this subdivision only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision and shall specify which firearms have been destroyed."
SECTION 4.  G.S. 15‑11.2(d)(1) reads as rewritten:
"(1)	If the firearm will not be disposed of pursuant to subdivision (3) of this subsection, by having the firearm destroyed if (i) the firearm does not have a legible, unique identification number, (ii) the firearm is unsafe for use because of wear, damage, age, or modification, or (iii) the possessing law enforcement agency is located in a city that has adopted an ordinance pursuant to G.S. 160A‑189 or is located in a county that has adopted an ordinance pursuant to G.S. 153A‑129. The head or chief of the law enforcement agency shall maintain a record of the destruction of the firearm."
SECTION 5.  G.S. 14‑269.1(4b) reads as rewritten:
"(4b)	By ordering the weapon turned over to a law enforcement agency in the county of trial for (i) the official use of the agency, (ii) sale, trade, or exchange by the agency to a federally licensed firearm dealer in accordance with all applicable State and federal firearm laws, or (iii) destruction if the weapon is a firearm and the possessing law enforcement agency is located in a city that has adopted an ordinance pursuant to G.S. 160A‑189 or is located in a county that has adopted an ordinance pursuant to G.S. 153A‑129. The court may order a disposition of the firearm pursuant to this subdivision only upon the written request of the head or chief of the law enforcement agency or a designee of the head or chief of the law enforcement agency and only if the firearm has a legible, unique identification number. If the law enforcement agency sells the firearm, then the proceeds of the sale shall be remitted to the appropriate county finance officer as provided by G.S. 115C‑452 to be used to maintain free public schools. The receiving law enforcement agency shall maintain a record and inventory of all firearms received pursuant to this subdivision and shall specify which firearms have been destroyed."
SECTION 6.  This act becomes effective December 1, 2019, and applies to firearms seized, confiscated, received, or found on or after that date.