Senate Bill 329 introduces a new legal framework for extreme risk protection temporary restraining orders (TROs) and injunctions aimed at preventing individuals deemed a danger to themselves or others from possessing firearms. The bill allows law enforcement officers or family members to petition the court for an extreme risk protection injunction, requiring evidence of an immediate threat. If a TRO is granted, it mandates the individual to surrender all firearms immediately, with a hearing for the injunction to occur within 14 days. The bill also establishes penalties for violations, including a Class G felony for possessing a firearm while under such an injunction and a Class H felony for knowingly filing a false petition.
Additionally, the bill creates provisions for training law enforcement on identifying individuals at risk and filing petitions for these orders, with the Department of Administration responsible for awarding grants for this training. It amends several existing statutes to incorporate the new procedures and definitions related to extreme risk protection orders, including the requirement for law enforcement to conduct thorough background checks to determine if an individual is subject to any firearm possession prohibitions. The bill aims to enhance public safety by providing a legal mechanism to temporarily restrict firearm access for individuals posing a significant risk.
Statutes affected: Bill Text: 165.63(3), 165.63, 165.63(4)(d), 175.35(1)(at), 175.35, 175.60(9g)(a)2, 175.60, 175.60(11)(a)2.f, 801.58(2m), 801.58, 813.06