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HB 1208

Community Safety Risk Protection Act.

2025-2026 Session Introduced by Laura Budd and 7 co-sponsors

HB 1208 creates a formal process to temporarily restrict firearm access for high-risk individuals (IRPO) and requires immediate surrender of guns under protective orders to reduce

Passed 1st Reading
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WeVote Research Nonpartisan
Bill Summary · HB 1208

Summary: HB 1208 – Community Safety Risk Protection Act (North Carolina, 2025 Session)

Aimed at strengthening firearm risk protections, HB 1208 combines two main tracks:
- Surrender of firearms upon civil non-contact orders (civil protective orders)
- Establishment of a new Individual Risk Protection Order (IRPO) framework to temporarily restrict firearm access for individuals who pose a significant danger to self or others

Sections below outline purpose, key provisions, who is affected, and procedural/timeline aspects.

1) Main Purpose and Intent

  • Improve community safety by preventing access to firearms for individuals at risk of harming themselves or others.
  • Create a parallel but separate process (IRPO) to curb firearm access in high-risk situations, with built-in due process safeguards.
  • Require immediate firearm surrender when civil no-contact orders or emergency/ex parte orders are issued.
  • Establish storage, retrieval, and disposal mechanisms for surrendered firearms, along with oversight and accountability provisions.

2) Key Provisions and Changes

A. Surrender of Firearms Upon Civil No-Contact Orders (Chapter 50C)

  • New §50C-9.1 requires courts to order the defendant to surrender to the sheriff:
    • All firearms, machine guns, ammunition
    • All permits to purchase firearms
    • All permits to carry concealed firearms
    • This occurs when the court finds factors such as: use/threat of deadly violence, threats against the victim, threats of suicide by the defendant, or serious injuries to the victim.
  • Ex parte or emergency hearings must determine whether respondent has access to firearms and document details (description, number, location) when possible.
  • A 10-day hearing must assess firearm access and related items.
  • Surrender must be immediate upon service; if not possible at service, surrender within 24 hours to the sheriff. Sheriff storage or storage via licensed dealer.
  • Court terms must include explicit prohibition on possessing, purchasing, or receiving firearms for the duration of the order; instructions for retrieval after order expiration; and penalties for violating §14-269.8.
  • Sheriff may charge a storage fee, with funds restricted to storage costs and law enforcement purposes; no liability for storage-related damage.
  • Retrieval of surrendered firearms: allowed if the respondent is not legally prohibited and no pending charges would prohibit possession; requires court-verified NICS check before release.
  • Fees owed must be paid prior to release; third-party firearm owners may seek return of items prior to disposal; court may order disposition if no timely retrieval or return requests are made.

B. Strengthened Violations and Protections

  • Violations of surrender/possession prohibitions trigger penalties consistent with existing statutes (Class H felony for certain violations; Class A1 misdemeanor for IRPO violations).
  • Prohibitions apply to all firearms, ammunition, and related permits under the order’s term.

C. Individual Risk Protection Orders (Chapter 50E)

  • New Chapter 50E establishes the “Individual Risk Protection Orders Act” (IRPO).
  • Purpose: Temporarily restrict firearm access for individuals who pose a significant danger of harming themselves or others.
  • Definitions: Includes “Firearm” and “IRPO.”
  • Petitioners: IRPO petitions may be filed by law enforcement heads or designees, judicial officials, or certain licensed healthcare providers and family members who have treated the person in the prior six months.
  • Process and Procedures:
    • Required information in petition: danger allegation, firearm inventory (types/locations), existing protective orders, and related legal actions.
    • Confidentiality: Non-public records; electronic filing; restricted access to petition copies for specified parties.
    • No court costs for filing or service.
    • IRPOs may be filed ex parte (emergency) with expedited hearings; ex parte IRPOs may be issued for imminent danger with a final hearing within 10 days.
    • Final IRPO duration up to 1 year, with possible renewals upon showing still a danger.
    • Surrender to sheriff required upon IRPO issuance; similar storage and retrieval framework as civil orders.
    • Mental health or chemical dependency evaluations may be ordered; may require evaluation if appropriate.
    • Termination: Respondent may request termination after a final IRPO; burden of proof on respondent to show no danger by preponderance of the evidence; hearings scheduled 10-30 days after request.
  • Notification and recordkeeping: IRPOs must be entered into NCIC; copies provided to relevant law enforcement and, where applicable, municipal police.

D. Access and Confidentiality Provisions

  • Address Confidentiality Program (Chapter 15C) integrates with IRPOs to protect petitioners and victims from disclosure risks.
  • Program allows substitute addresses and confidentiality protections for IRPO petitioners and victims of domestic violence, stalking, sexual offenses, or human trafficking.

E. Administrative Requirements and Effective Dates

  • Administrative Office of the Courts to develop IRPO forms and create or adapt a statewide electronic information-sharing system to detect prior orders.
  • Funding: $10,000 in nonrecurring funds for 2026-2027 for implementation costs.
  • Effective dates:
    • Provisions related to IRPO forms, system, and confidentiality effective July 1, 2026 (with some sections applying December 1, 2026).
    • General effective date for other provisions is the enactment date, unless otherwise specified.
  • Section 1(a) and 1(b) amendments to 14-269.8 align gun possession prohibitions with civil orders and IRPOs.

3) Who Is Affected

  • Respondents in civil no-contact orders (Chapter 50B/C) and those subject to IRPOs.
  • Complainants and petitioners in civil protective orders and IRPO proceedings (including certain health and family professionals acting as petitioners).
  • Law enforcement agencies (sheriffs) responsible for seizure, storage, and retrieval of surrendered firearms.
  • Courts (district and superior) issuing and enforcing orders, hearings, and disposal orders.
  • Third-party firearm owners seeking return of surrendered items.
  • General public, through enhanced safety measures and confidentiality protections for those seeking protection orders.
  • Address Confidentiality Program participants and applicants, to shield addresses from public records.

4) Procedural and Timeline Aspects

  • Surrender timelines: Immediate on service; 24-hour surrender window if not feasible at service; storage arrangements by sheriff.
  • IRPO timeline: Ex parte IRPO issued with a final IRPO hearing within 10 days; final IRPO duration up to 1 year; renewals permitted with due process.
  • Retrieval/return: Conditional on not being legally prohibited; must pass background checks and pending charges review; deadlines for filing return requests and timelines for hearings.
  • Reporting: Annual reports starting December 1, 2026, on IRPO filings, grants/denials, and renewals.
  • Confidentiality and data sharing: Statewide system to share prior orders; confidentiality protections for petitioners and victims; electronic filing and restricted public access to IRPO materials.

Overall, HB 1208 strengthens firearm risk protections by mandating surrender under protective orders and establishing a formal IRPO framework to prevent dangerous individuals from accessing firearms while maintaining due process and confidentiality safeguards.

Compiled from official sources — confirm details with the bill’s official record.

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