Section 14-409.43 - Reporting of certain disqualifiers to the National Instant Criminal Background Check System (NICS)(a) Excluding Saturdays, Sundays, and holidays, not later than 48 hours after receiving notice of any of the following judicial determinations or findings, the clerk of superior court in the county where the determination or finding was made shall work through the Administrative Office of the Courts to cause a record of the determination or finding to be transmitted to the National Instant Criminal Background Check System (NICS): (1) A determination that an individual shall be involuntarily committed to a facility for inpatient mental health treatment upon a finding that the individual is mentally ill and a danger to self or others.(2) A determination that an individual shall be involuntarily committed to a facility for outpatient mental health treatment upon a finding that the individual is mentally ill and, based on the individual's treatment history, in need of treatment in order to prevent further disability or deterioration that would predictably result in a danger to self or others.(3) A determination that an individual shall be involuntarily committed to a facility for substance abuse treatment upon a finding that the individual is a substance abuser and a danger to self or others.(4) A finding that an individual is not guilty by reason of insanity.(5) A finding that an individual is mentally incompetent to proceed to criminal trial.(6) A finding that an individual lacks the capacity to manage the individual's own affairs due to marked subnormal intelligence or mental illness, incompetency, condition, or disease.(7) A determination to grant a petition to an individual for the removal of disabilities pursuant to G.S. 14-409.42 or any applicable federal law. The 48-hour period for transmitting a record of a judicial determination or finding to the NICS under subsection (a) of this section begins upon receipt by the clerk of a copy of the judicial determination or finding. The Administrative Office of the Courts shall adopt rules to require clerks of court to transmit information to the NICS in a uniform manner.
The petitioner and commitment examiner in a proceeding under Article 5 of Chapter 122C of the General Statutes shall provide a social security number and drivers license number, if known, of the respondent for the court to enter into NICS upon a judicial determination. The court may collect the social security number and drivers license number on the petition initiating the proceeding or on documents filed by the commitment examiner. The petitioner in a proceeding under Article 1 of Chapter 35A of the General Statutes shall provide a drivers license number, if known, of the respondent for the court to enter into NICS upon a judicial determination of incompetence. The court may collect the drivers license number on the petition initiating the proceeding and may place the drivers license number on the court's order upon a judicial determination of incompetence.
(b) Excluding Saturdays, Sundays, and holidays, not later than 48 hours after receiving notice of the issuance of a felony warrant, indictment, criminal summons, or order for arrest, the Administrative Office of the Courts shall transmit any unserved felony warrants, indictments, criminal summons, or order for arrests to the NCIC (or National Instant Criminal Background Check System (NICS)).(c) Excluding Saturdays, Sundays, and holidays, not later than 48 hours after service by the sheriff of an order issued by a judge pursuant to Chapter 50B of the General Statutes and pursuant to G.S. 50B-3(d) the sheriff shall cause a record of the order to be transmitted to the National Instant Criminal Information System.N.C. Gen. Stat. § 14-409.43
Amended by 2024 N.C. Sess. Laws 33,s. 18, eff. 7/8/2024.Added by 2015 N.C. Sess. Laws 195, s. 11-d, eff. 1/1/2016.