Return of Firearms/50B


#1

I had a ex-parte issued against me in mid-March. As part of the order, my firearms, ammo and concealed handgun permit were seized by the Sheriff.
At the 10 day mark I appeared before the court and the plaintiff requested that the ex-parte be continued for three months.
This past Tuesday I appeared in court again and the plaintiff requested a one year order however the presiding judge denied the order and voided the original ex-parte.
My question is regarding the return of my firearms and other items. Must I file a Motion to have them returned OR since the original order was voided, should I just be able to go directly to the Sheriff?
The way the Motion paperwork reads, it appears that the paperwork is intended for an expired order, not for one that has been voided…


#2

You’ll need to file the motion to have the firearms returned. The form you need to fill out is AOC-CV-319 and you an find it at nccourts.org.