Upon issuance of an extreme risk order of protection, a person subject to the order of protection shall surrender any firearms in his or her possession, control, or ownership. If the order is being served on the respondent by a law enforcement officer, then the officer must give the respondent an opportunity to comply. Should the respondent not comply, then the law enforcement officer may take the respondent into custody while the officer searches for and seizes any firearms.
Anyone who possesses a firearm and is subject to an extreme risk order of protection is guilty of the offense of unlawful possession of a firearm. A person who fails to comply with an extreme risk order of protection may also be subject to imprisonment for up to 180 days and a $1,000 fine. Finally, any person who knowingly and intentionally makes a false statement to a court in the petition is subject to the contempt powers of the court.
This act is similar to provisions of SB 1101 (2018) and of HB 2281 (2018).
CHARLEY MERRIWEATHER
Statutes affected: