The bill HB 1642-FN introduces Chapter 159-G to establish a legal framework for issuing extreme risk protection orders (ERPOs) aimed at individuals who pose an immediate risk of harm to themselves or others. It allows family members and law enforcement to petition the court for temporary firearm access restrictions, while explicitly excluding cases of domestic abuse or stalking that fall under existing laws. Key provisions include the requirement for the court to mandate proof of firearm surrender, the ability to issue temporary orders via telephone or facsimile, and the authority for law enforcement to seek search warrants if firearms are not surrendered. The bill also outlines the process for returning firearms if an ERPO is vacated, ensuring that law enforcement agencies develop policies for the acceptance, storage, and return of surrendered items.
Additionally, the bill mandates that petitioners be notified of the impending expiration of an ERPO and allows for extensions based on clear and convincing evidence. It establishes penalties for false petitions and violations of ERPOs, while requiring the development of standard forms and informational materials to assist users in navigating the process. The bill anticipates an increase in workload for the Judicial Branch without additional funding or positions, estimating costs between $500,000 to $1,000,000, with an initial impact of $250,000 to $500,000 in FY 2027. The effective date for the bill is set for January 1, 2027, with certain sections becoming effective on September 20, 2026.