H.B. 483
GENERAL ASSEMBLY OF NORTH CAROLINA
Apr 1, 2021
SESSION 2021 HOUSE PRINCIPAL CLERK
H D
HOUSE BILL DRH30229-ML-104
Short Title: Pistol Permit/Mental Health Record to Sheriff. (Public)
Sponsors: Representative Greene.
Referred to:
1 A BILL TO BE ENTITLED
2 AN ACT TO REVISE THE LAW ON PROVIDING MENTAL HEALTH OR MENTAL
3 CAPACITY RECORDS WHEN APPLYING FOR A PISTOL PURCHASE PERMIT.
4 The General Assembly of North Carolina enacts:
5 SECTION 1. G.S. 14-404 reads as rewritten:
6 "§ 14-404. Issuance or refusal of permit; appeal from refusal; grounds for refusal; sheriff's
7 fee.
8 …
9 (e1) The application for a permit shall be on a form created by the State Bureau of
10 Investigation in consultation with the North Carolina Sheriffs' Association. This application shall
11 be used by all sheriffs and must be provided by the sheriff both electronically and in paper form.
12 Only the following shall be required to be submitted by an applicant for a permit:No additional
13 documentation or evidence shall be required to be submitted by an applicant for a permit except
14 the following:
15 (1) The permit application developed pursuant to this subsection.
16 (2) Five dollars for each permit requested pursuant to subsection (e) of this
17 section.
18 (3) A government issued identification confirming the identity of the applicant.
19 (4) Proof of residency.
20 (5) A signed release, in a form to be prescribed by the Administrative Office of
21 the Court, that authorizes and requires disclosure to the sheriff of any court
22 orders concerning the mental health or capacity of the applicant to be used for
23 the sole purpose of determining whether the applicant is disqualified to receive
24 a permit pursuant to this section.
25 No additional document or evidence shall be required from any applicant.
26 (e2) The sheriff shall request disclosure to the sheriff of any court orders concerning the
27 mental health or mental capacity of the applicant to be used for the sole purpose of determining
28 whether the applicant is disqualified to receive a permit pursuant to this section. Nothing in this
29 subsection shall be construed to increase the documentation an applicant is required to provide
30 under subsection (e1) of this section or to increase the time period set out in subsection (f) of this
31 section.
32 (e3) The permit application shall also contain a conspicuous warning substantially as
33 follows:
34 "By filing this permit application, I understand that I am giving the sheriff the authority
35 to obtain all criminal and mental health court orders required by State and federal law
36 to determine permit eligibility."
*DRH30229-ML-104*
 General Assembly Of North Carolina Session 2021
1 …
2 (i) A person or entity shall promptly disclose to the sheriff, upon presentation by the
3 applicant or sheriff of an original or photocopied release form described in subdivision (5) of
4 subsection (e1) of this section, any court orders concerning the mental health or capacity of the
5 applicant who signed the release form."
6 SECTION 2. G.S. 122C-54 reads as rewritten:
7 "§ 122C-54. Exceptions; abuse reports and court proceedings.
8 …
9 (d2) The record of involuntary commitment for inpatient or outpatient mental health
10 treatment or for substance abuse treatment required to be reported to the National Instant
11 Criminal Background Check System (NICS) by G.S. 14-409.43 shall be accessible only by the
12 sheriff or the sheriff's designee for the purposes of conducting background checks under G.S.
13 14-404 and shall remain otherwise confidential as provided by this Article.
14 (d3) Notwithstanding G.S. 122C-207 and subsection (d) of this section, when a sheriff
15 notifies the potential holder of a mental health order in writing that a particular individual has
16 completed an application for a pistol purchase permit, the holder of any court orders that concern
17 the mental health or mental capacity of an applicant for a pistol purchase permit shall, upon
18 request, release to the sheriff of the county any and all mental health orders concerning the pistol
19 purchase permit applicant.
20 …."
21 SECTION 3. This act becomes effective August 1, 2021, and applies to applications
22 for pistol purchase permits pending or submitted on or after that date.
Page 2 DRH30229-ML-104


Statutes affected:
Filed: 14-404, 122C-54
Edition 1: 14-404, 122C-54
Edition 2: 14-404, 122C-54
Edition 3: 14-404, 122C-54