SPONSOR: Butz
This bill establishes an "extreme risk order of protection" which allows a court to restrain or enjoin a respondent from possessing any firearm if a law enforcement officer or agency proves by a preponderance of the evidence that an immediate and significant danger exists to a respondent at risk of causing personal injury to him or herself or others.
A court may immediately issue an ex parte order of protection for good cause shown and the court shall order the respondent to surrender all firearms as specified in the bill. If the respondent does not comply, then a law enforcement officer serving the order shall conduct a lawful search and seizure of any firearms of the respondent. The firearms must not be held for more than 120 days, unless the court issues a full extreme risk order of protection.
The court will then hold a hearing within 15 days of the filing the petition and, if the court issues a full extreme risk order of protection, the person subject to the order of protection must surrender any firearms in his or her possession, control, or ownership as specified in the bill. The law enforcement officer taking possession of any firearm must issue a receipt identifying the surrendered firearm.
This bill also provides that a respondent to an extreme risk order of protection may file a petition to modify or rescind an order. A law enforcement officer or agency may also renew the extreme risk order of protection for up to one year from the expiration of the preceding order.
If an extreme risk order of protection is issued, the clerk of the court must send the Missouri State Highway Patrol a copy within 48 hours, and the order must be entered into the Uniform Law Enforcement System (MULES) within 48 hours of receiving the notice of the order.
Any violation of an ex parte or full extreme risk order of protection shall be a Class A misdemeanor for the first violation, and a Class E felony for any subsequent violation.
This bill is similar to SB 191 (2025).
Statutes affected: