in the Court of Appeals 7 March 2018.
by defendant from order entered 2 June 2017 by Judge Jeffrey
E. Noecker in District Court, New Hanover County, No.
brief filed on behalf of plaintiff.
Sherman Law, P.C., by Scott G. Sherman, for
appeals no-contact order under North Carolina General Statute
Chapter 50C which ordered him to surrender his firearms.
Because the trial court had no authority under North Carolina
General Statute Chapter 50C to order defendant not to possess
or purchase any firearms, to surrender his firearms, or to
revoke his concealed carry permit, we reverse and remand the
portion of the order with these provisions. We affirm the
remaining portions of the order.
about 23 May 2017, plaintiff filed COMPLAINT FOR NO-CONTACT
ORDER FOR STALKING OR NONCONSENSUAL SEXUAL CONDUCT on form
AOC-CV-520, Rev. 8/14 against defendant under North Carolina
General Statute § 50C-2. Plaintiff alleged defendant
grabbed her breasts without her consent, came to her house
"making false accusations" and refused to leave,
and had his erectile dysfunction medication delivered to her
home. Plaintiff marked boxes on the form requesting an ex
parte temporary order and a permanent no-contact
order. Plaintiff also marked all of the boxes 4
through 9 on the form which request that defendant be ordered
not to visit her or interfere with her in various ways and to
stay away from her children's schools. Plaintiff made no
request in the blank areas under box 10 entitled "Other:
(specify)[.]" Plaintiff also made no allegations
regarding firearms or any threat of physical violence.
trial court entered an ex parte TEMPORARY NO-CONTACT
ORDER FOR STALKING OR NONCONSENSUAL SEXUAL CONDUCT, form
AOC-CV-523, rev. 10/15, granting the relief as plaintiff
requested and setting a hearing on the permanent no-contact
order on 2 June 2017. On 2 June 2017, the trial court held
the hearing on the permanent no-contact order; plaintiff and
defendant were both present and defendant was represented by
counsel. Plaintiff did not mention guns or make any request
related to guns during her testimony. Defendant mentioned
during his testimony he was a former FBI agent, retired
police officer, and a veteran; he owned a firearm, and was
"authorized to be armed in fifty states twenty-four
seven." The trial court entered a NO-CONTACT ORDER FOR
STALKING OR NONCONSENSUAL SEXUAL CONDUCT on form AOC-CV-524,
Rev. 4/17 under North Carolina General Statute § 50C-7.
The order included findings of fact regarding nonconsensual
sexual conduct by defendant and concluded that defendant had
"committed acts of unlawful conduct against the
decree portion of the order, the trial court checked boxes 1
through 6, ordering defendant not to commit various acts such
as visiting or stalking the plaintiff. The trial court also
checked box 7, entitled "Other: (specify)" and made
a handwritten notation ordering:
Defendant shall surrender to the NH Sheriff's office any
and all firearms that he owns, to be held by NH Sheriff for
the duration of this order. Defendant's concealed carry
permit is revoked for the period of this order. Defendant is
prevented from purchasing possessing any firearm for the term
of this order.
filed a timely notice of appeal from the order.
Surrender of Firearms
first contends that the trial court exceeded its authority as
granted in North Carolina General Statute § 50C-7 by
ordering him to surrender his firearms, not to purchase or
possess any firearms, and revoking his concealed carry
permit. The order was entered under North Carolina General
Statute, Chapter 50C, and presents a question of statutory
interpretation. "Questions of statutory interpretation
are questions of law, which are reviewed de novo by