§ 14-415.3. Possession of a firearm or weapon of mass destruction by persons acquitted of certain crimes by reason of insanity or persons determined to be incapable to proceed prohibited.

§14‑415.3.  Possession of a firearm or weapon of mass destruction bypersons acquitted of certain crimes by reason of insanity or persons determinedto be incapable to proceed prohibited.

(a)        It is unlawful forthe following persons to purchase, own, possess, or have in the person'scustody, care, or control, any firearm or any weapon of mass death anddestruction as defined by G.S. 14‑288.8(c):

(1)        A person who hasbeen acquitted by reason of insanity of any crime set out in G.S. 14‑415.1(b)or any violation of G.S. 14‑33(b)(1), 14‑33(b)(8), or 14‑34.

(2)        A person who hasbeen determined to lack capacity to proceed as provided in G.S. 15A‑1002for any crime set out in G.S. 14‑415.1(b) or any violation of G.S. 14‑33(b)(1),14‑33(b)(8), or 14‑34.

(b)        A violation of thissection is a Class H felony.  Any firearm or weapon of mass death anddestruction lawfully seized for a violation of this section shall be forfeitedto the State and disposed of as provided in G.S. 15‑11.1. (1994,Ex. Sess., c. 13.)