NC lawmaker seeks option to take guns from potential threats

A lawmaker and former judge wants to add North Carolina to the small number of states where a judge can order that firearms temporarily be taken from people deemed to be threats to the public.

Rep. Marcia Morey, D-Durham, said she plans to file legislation to create a gun violence restraining order in the state when the General Assembly reconvenes in May.

Connecticut, Indiana, Texas, California, Oregon and Washington already allow law enforcement to seek a court order to take guns from people deemed a threat. The latter three extend the right to seek such an order to family, household members and domestic partners.

Morey said she heard too many shooting cases during her 18 years as a District Court judge, and often, they're no surprise to people who know the gunman.

"I have heard witnesses testify who had no relationship to the person accused, 'They were a time bomb. They were waiting to go off. But I as a citizen couldn't do anything,'" she said Monday. "Well, this is empowering our citizens to be able to do something."

Morey's proposal would go further than any of the other six states by also allowing teachers, co-workers and acquaintances with firsthand knowledge of a potential threat to petition the court for a restraining order.

"This is about people who have information that there could be public safety at risk," she said.

Such a restraining order could have stopped last week's shooting at a Florida high school that left 17 people dead, she said.

"People knew that this young man was at risk. He was posting threatening things about school shootings," she said of accused shooter Nikolas Cruz. "Someone with that knowledge could have gone down to a court, taken out a petition and had those guns taken out of his hands."

Under her proposal, if the judge agrees with the petitioner, firearms are taken away from the person for up to 10 days, when a hearing would be held for the person to defend himself or herself against the allegation. After that hearing, if the judge still finds the person to be a threat, all of his or her guns would be held for a year, and he or she would be barred from buying other firearms during that time.

Gun rights groups have opposed similar proposals in the past, saying they take away a gun owner's rights to due process. But courts have disagreed with that, and so does Morey.

"It opens up 'if you see something, say something," she said. "Now you can do something, and you can go to a court and ask for protection. Everyone's rights are there.

"It’s a court process, and I think it’s a step in the right direction to address some of these issues," she added.

Republican legislative leaders couldn't be reached Monday for comment on the idea.