Fill and Sign the North Carolina State Laws and Published Ordinances Atf Form

FINDIN G S Si gnature Of Prosecutor N am e Of Prosecutor (T ype Or Print) D ate STA TE OF NOR TH CAROLI NA Su perio r C ourt D ivisi on I n Th e G eneral Court O f Ju stice D ist rict N am e And Address Of D efendant/Possessor (From Whom Firearm Seized) N am e And Address Of Owner Of Firearm (If Different From Above) STA TE VER SUS/IN THE MATTER OF G.S . 15- 11.1( b1) County D escri ption Of F irearm A OC- CR-218, Rev . 7/16 © 2016 A dministr ative Office of the Cour ts PETITION Scan No. (Official Use Only) File N o. Identifying Information/Description Entity Currently In Possession Model Make Serial Number Pursuant to G.S. 15-11.1 (b1), t he undersigned p ros ecutor hereb y petitions the Cour t for an Order disposing of the fir earm iden tif ied ab ove, and in support of the petition shows to the Court that: 1. the firearm was seized by a law enforcement off icer pursuant to G.S. 15-11.1 and is in the possession of the enti ty identifi ed above; 2. the firearm is no longer necessa ry or us eful as evidenc e in a crim inal trial; and 3. not ice has been giv en to all par ties know n or believed by the unde rsigned to have an ow nership or possessor y interest in the firearm. After a hearing on the prosecut or’s petition above, the Court finds that (check all tha t apply) 1. notice and an opportuni ty to be heard were provided to all pa rties know n or belie ved t o have an ownership or poss essory interest in t he firearm iden tif ied above . 2. the rightful owner of the firear m is (ch eck only one) the person, firm or corpor ation identified above as “Owner Of Firearm” (if other than abo ve) a. the right ful o wner iden tif ied in this Finding is enti tled t o the f irearm and is no t prohibi ted by law from it s possession ; and b. the rightful owner (check all tha t apply) w as unla wfully deprived o f t he f irearm had no know ledge or reasonable belie f of the defendant ’s int ent ion t o use t he firearm unla wfully . 3. the rightful owner of the firear m is the defendant /possessor named above, and (check all that apply) a. the def endant/pos sess or was not convict ed of a criminal o ff ense in connection with the possession or use of t he f irearm; an d b. the defendant /possessor is not other wise pr ohibited by law from possessing the f irearm . 4. after inquiry, no clear o wnershi p or possessor y interest in the firearm can be de termined. ; District Attorney Asst DA Si gnature Of Judge D ate Nam e Of Judge (T ype Or Print) ORDER 5. the firearm does not have a legible, unique identification number. 6. the firear m is unsaf e for use becaus e of wear , damag e, ag e or modi fic at ion. Based upon the foregoing finding s, the Court hereby Orders that the firearm identifie d above be 1. returned to the rightful ow ner identified in Finding No. 2, above. ( N OTE :Req uires the Court to find both a. and b. under Finding No. 2. ) 2. returned to the defendant/ possessor named abo ve. ( NOTE :Requ ires the Cour t to find both a. and b. under Finding No. 3. ) 3. turned over to the Sheriff of representative, to be destroyed. (NOTE: Can be ordered only if the Court finds No. 5 or No. 6, above. ) 4. turned over to , a law enforcement agency in the above-captioned county, for (check only one) a. official use of the agenc y. b. sale, trade, or exchange to a federall y licensed firearm deal er in accordance with all applicable State and fed eral firear m laws. c. either official use or sale, trade, or exchange to a federal ly licens ed firearm de aler in accordance wi th all appli cable State and federal firearm law s, w ithin the agen cy’s dis cretion. I f the firearm is sold, the agen cy s hall remi t t he proc eeds of sale to the count y financ e officer, pursuant to G.S. 115C-452, t o be used to maintain f ree public schools . T he agen cy s hall main tain a record and in ven tory of the f irearm and it s disposi tio n. ( NO TE :No. 4 may not be order ed if the Court finds No. 5, above. ) As the entit y currently in possession of the fire arm described above, I have r eceive d a copy of this Or der and w ill compl y w ith it . As the entit y to which this Order di rects the firearm be returned or delivered, I hereby acknow ledge receipt of the firearm. N am e (Type O r P rint ) Date Nam e (Type O r P rint ) Date Signature Signature Sheri ff O wner Ide ntif ied In Findin g s Sher iff Oth er: Coun ty , the count y in which the firea rm was seized, or to his/her duly authorized C le rk Of C ourt Oth er: R EC EIPT OF ORDER REC EIPT OF FIREARM Dist Ct Judge Sup Ct Judge (NOTE: If a defendant is convicted under G.S. 14-269 or G.S. 14-269.7 or of any\ other offense involving the use of a deadly weapon, see Side Two. Do not use t\ his form f or disposition of weapons seized for wildlife violations pursuant to G.S. 1\ 13-137.) PET ITION AND ORDER DISPOSING O F FIREARM UPON PROSECUTOR’S PETITION FINDINGS PETITION (OPTIONAL) STA TE OF NOR TH CAROLI NA Su perior Court Division I n The General C ourt O f Ju stice Dist rict N am e And Address Of D efendant N am e And Address Of Owner Of Weapon (If Different From Defendant) STA TE VER SUS G.S. 14-269.1 County D escri ption Of Weapon Scan No. (Official Use Only) File N o. Identifying Information/Description Entity Currently In Possession Model Make Serial Number NOTE: If the de fen dant is convicted of an offen se listed in Finding No. 1 belo w, the Cour t sh all order dispo sition of the weapon at sente ncing , regardless of whet her or no t a party has pe titio ned for it s dispo sition. A petitio n for disposit ion is necessary at sen ten cing onl y if an owner other th an the de fend ant is requesting retur n of the weapon. This petition also ma y be used to request an Order di spo sing o f the weapon if th e Court failed to addr ess it s dispo sition at sen ten cing. The unde rsigned hereby petitions the Court for an order disposing o f the weapo n ident ified above, and in support of th e petition shows to the Cour t the f ollowing: (check all that apply) 1. The def endant in the above-cap tioned case was convicted of a viol ation of G.S. 14-269, G.S. 14-269.7, or other offense invol ving the use of the w eapon identifie d above, which is a deadl y weapo n of a t ype referred to in G.S. 14-269. 2. The petitioner is the w eapon’s rightful owner and a person other than the defend ant, is entitled to possession of the w eapon and not prohibited b y law from possessing it, was unla wfull y depriv ed of it without his/her consent, and requests that the Court order the weapon returned to him/her. 3. The Court did not address the disposition of the weapon at the defendant’s sentencing, and the final disposi tion of the weapon by the entit y currently in possession requires an order of the Court. Signature N ame (Type Or Print) Date Sheri ff Owner DA/ADA The Cour t finds that (check all that apply) 1. the defendant has been convicted in the above-c aptioned case of a violation of G.S. 14-269, G.S. 14-269.7, or other offense involving the use of the weapon ide ntified above, whic h is a deadly w eapon of a t ype referred t o in G.S. 14-269. 2. the petitioner above: (check all that apply) a. is a person ot her than the defendant in the abov e-captioned case; b. is the rightful owner of t he weapon identified ab ove; c. is ent itled t o possession of the w eapon an d not prohibit ed by law from it s possession; and d. was unla wfully dep rived of the weapon without his/her consent. 3. after inquiry , no clear ownership or possessor y interest in the weapon can be det ermined. 4. the weapon is a firearm, and the head or chief, or designee thereof, of in the county named above, has requ ested in writing that the firearm be turned ove r to the agenc y f or us e or sale. 5. the weapon is a firearm, and it does not have a legible, unique iden\ tification number. 6. the weapon is a firearm, and it is unsafe for use because of wear, d\ amage, age or modification. O RDER Based upon the f oregoing findings , the Court hereby Orders that the w eapon be 1. returned to the petitioner above. (NOTE: Requires the Court to ma ke all fin dings a. thro ugh d. under Finding No. 2. ) 2. turned over to the Sheriff of t he above-captioned county, or to his/her duly authorized representative, to be destroyed. , a law enforceme nt agenc y A OC- CR-218, S ide Two, Rev . 7/16, © 2016 A dministr ative Office of the Courts 3. turned over to the agenc y identified in Finding No. 4, above, for (che ck onl y one) a. official use of the agenc y. b. sale, trade, or exchange t o a federally licensed firearm d ealer in accordance with all applicable State and fede ral firearm laws. c. either official use or sale, trade, or ex change to a federall y licensed f irearm dea ler in accordance wit h all applicable State and federal firearm law s, w ithin t he agenc y’s disc retion. If the firearm is sold, the agenc y s hall remit the proc eeds of sale to the count y financ e officer, pursuant to G.S. 115C-452, t o be used to maintain f ree public schools. The agenc y s hall maint ain a record and inventory of the f irearm and its disposit ion. (NOTE: No. 3 may not be ordered if the Court finds No. 5, above. ) 4. turned over to the North Carolina State Crime Laboratory’s weapo ns reference libr ary for official use. The Laboratory shall maintain a record and inventor y of the weapo n. 5. turned over to the North Carolina Justice Academ y for offici al use. The Just ice Academ y shall maint ain a record and invent ory of the w eapon. Signature Of Judge D ate Nam e Of Judge (T ype Or Print) As the entit y currently in possession of the firea rm described above, I have r eceiv ed a copy of this Or der and w ill compl y w ith it . As the entit y to which this Order di rects the weapon be retur ned or delivered, I hereby acknow ledge receipt of t he weapon. Nam e (Type O r P rint ) Date Nam e (Type O r P rint ) Date Signature Signature Sheri ff Petitioner Sheriff Oth er: C le rk Of Cou rt Oth er: R EC EIPT O F ORDER REC EIPT O F WEAPON Dist Ct Judge Sup Ct Judge (NOTE: Can be ordered for a firearm only if the Court finds No. 5 or No. 6, ab\ ove. ) PETIT ION A ND ORDER DISPOSING OF DEADLY WEAPON UPON CONVICTION