This bill creates an action to be known as a petition for a risk protection order. This petition may be filed by a law enforcement officer or law enforcement agency and must do the following:
(1) Allege that the respondent poses a significant danger of causing personal injury to the respondent's self or others by having a firearm or any ammunition in the respondent's custody or control or by purchasing, possessing, or receiving a firearm or any ammunition, and must be accompanied by an affidavit made under oath stating the specific statements, actions, or facts that give rise to the petition;
(2) Identify the quantities, types, and locations of all firearms and ammunition the petitioner believes to be in the respondent's current ownership, possession, custody, or control;
(3) Identify whether there is a known existing protection order governing the respondent under domestic abuse law or under any other applicable statute; and
(4) Include a physical description of the respondent and the respondent's last known location.
This bill further requires that the petitioner make a good faith effort to provide notice to a family or household member of the respondent and to any known third party who may be at risk of violence. This notice must state that the petitioner intends to petition the court a risk protection order, or has already done so. The notice must include referrals to appropriate resources, including mental health, domestic violence, and counseling resources. The petitioner is required to attest in the petition to having provided such notice or must attest to the steps that will be taken to provide such notice. The petitioner must list the address of record on the petition as being where the appropriate law enforcement agency is located.
This bill prohibits a court or a public agency from charging fees for filing or for service of process to a petitioner seeking relief. The court or public agency must provide the necessary number of certified copies, forms, and instructional brochures free of charge.
EX PARTE ORDER PENDING COURT HEARING
This bill authorizes a petitioner to request a temporary ex parte order be issued before a hearing and without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger of causing personal injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition.
The court is required to hold the ex parte hearing in person or by phone on the day the petition is filed or on the next business day.
This bill requires the court to consider all relevant evidence when considering whether to issue an ex parte order. If the court finds there is reasonable cause to believe that the respondent poses a significant danger of causing personal injury to the respondent's self or others in the near future by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or ammunition, then the court must issue a temporary ex parte order.
This bill provides that if the court denies the request for an ex parte order, then the court must issue a written order stating the reasons for the denial.
COURT PROCEEDINGS FOLLOWING A PETITION
This bill requires that upon receipt of a petition, the court must order a hearing to be held no later than 14 days after the date the petition is filed and must issue a notice of hearing to the respondent. The clerk of the court must cause a copy of the notice of hearing and petition to be forwarded on or before the next business day to the appropriate law enforcement agency for service upon the respondent. If the court has issued a temporary ex parte risk protection order, it must be served concurrently with the notice of hearing and petition on the respondent.
This bill authorizes the court to issue a temporary ex parte risk protection order pending the hearing, which must be served concurrently with the notice of hearing and petition on the respondent.
This bill provides that upon notice and a hearing on the matter, if the court finds by clear and convincing evidence that the respondent poses a significant danger of causing personal injury to the respondent or others by having in the respondent's custody or control, or by purchasing, possessing, or receiving, a firearm or any ammunition, then the court must issue a risk protection order for an appropriate period of up to 12 months.
In determining whether grounds for a risk protection order exists, the court may consider any relevant evidence, including, but not limited to:
(1) A recent act or threat of violence by the respondent against the respondent's self or others, whether or not the violence or threat of violence involves a firearm;
(2) An act or threat of violence by the respondent within the past 12 months, including, but not limited to, acts or threats of violence by the respondent against the respondent's self or others;
(3) Evidence of the respondent being seriously mentally ill or having recurring mental health issues;
(4) A violation by the respondent of an order of protection issued pursuant to domestic abuse law;
(5) A previous or existing risk protection order issued against the respondent;
(6) A violation of a previous or existing risk protection order issued against the respondent;
(7) Whether the respondent, in this state or any other state, has been convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving domestic abuse;
(8) Whether the respondent has used or threatened to use, against the respondent's self or others, any weapons;
(9) The unlawful or reckless use, display, or brandishing of a firearm by the respondent;
(10) The recurring use of, or threat to use, physical force by the respondent against another person or evidence of the respondent stalking another person;
(11) Whether the respondent, in this state or any other state, has been arrested for, convicted of, had adjudication withheld on, or pled nolo contendere to a crime involving violence or a threat of violence;
(12) Corroborated evidence of the abuse of controlled substances or alcohol by the respondent;
(13) Evidence of recent acquisition of firearms or ammunition by the respondent;
(14) Any relevant information from family and household members concerning the respondent; and
(15) Witness testimony, taken while the witness is under oath, relating to the matter before the court.
A person who offers evidence or recommendations relating to the petition must:
(1) Present the evidence or recommendations in writing to the court with copies to each party and the party's attorney, if retained; or
(2) Present the evidence under oath at a hearing at which all parties are present.
This bill further requires that during the hearing the court consider whether a mental health evaluation or substance abuse assessment is appropriate and then may order such evaluations.
If the court issues an order, then the court must inform the respondent that they are entitled to request a hearing to vacate the order and must provide the respondent with a form to request a hearing to vacate. If the court denies the petitioner's request for an order, then the court is required to issue a written order stating the particular reasons for the denial.
SURRENDER UPON ISSUANCE OF A RISK PROTECTION ORDER
This bill requires that upon issuance of a risk protection order, including a temporary ex parte order, the court must order the respondent to surrender to the local law enforcement agency all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession, and any handgun carry permit held by the respondent.
This bill requires that the law enforcement officer serving a risk protection order request that the respondent immediately surrender all firearms and ammunition owned by the respondent or in the respondent's custody, control, or possession, and any handgun carry permit held by the respondent. The law enforcement officer is required to take possession of any of the items surrendered.
If personal service by a law enforcement officer is not possible, or not required because the respondent was present at the risk protection order hearing, then the respondent must surrender the required items in a safe manner to the control of the local law enforcement agency immediately following being served with the order or immediately after the hearing at which the respondent was present.
This bill authorizes a law enforcement officer to seek a search warrant from a court of competent jurisdiction to conduct a search for the firearms or ammunition owned or held by the respondent if the officer has probable cause to believe that there are firearms or ammunition in the respondent's custody, control, or possession that have not been surrendered. Upon the sworn statement or testimony of any person alleging the respondent has failed to comply with the surrender, the court must determine if probable cause exists to believe that the respondent has failed to surrender. If the court finds that probable cause exists, then the court must issue a warrant describing the firearms or ammunition owned or possessed by the respondent and authorizing a search of the locations where the firearms or ammunition owned or possessed by the respondent are reasonably believed to be found and the seizure of any firearms or ammunition owned or possessed by the respondent discovered pursuant to the search.
This bill requires that at the time of surrender, the officer taking possession must issue a receipt identifying all firearms and the type and quantity of ammunition that have been surrendered, and any permit surrendered and provide a copy of the receipt to the respondent. The officer must, within 72 hours, file the original receipt with the court an ensure the law enforcement agency retains a copy.
This bill requires that if a person other than the respondent claims title to any firearms or ammunition surrendered and the person is determined by the law enforcement agency to be the lawful owner, then the firearm or ammunition must be returned if:
(1) The lawful owner agrees to store the firearm or ammunition in a manner such that the respondent does not have access to or control of the firearm or ammunition; and
(2) The firearm or ammunition is not otherwise unlawfully possessed by the owner.
This bill requires that upon issuance of a protection order, the court must order a new hearing date that requires the respondent to appear no later than three days after issuance to prove that the respondent has surrendered any firearm or ammunition owned by the respondent. The court is authorized to cancel this hearing upon a satisfactory showing that the respondent is in compliance with the surrender order.
This bill requires that the issuing court, within three business days after the issuance of an order, forward all available identifying information concerning the respondent to the department of safety. Upon receipt, the department of safety must determine if the respondent has a handgun carry permit, and if the respondent does, then the department must immediately suspend the permit.
This bill requires all law enforcement agencies to develop policies and procedures regarding the acceptance, storage and return of firearms, ammunition, or licenses required to be surrendered.
HEARING TO VACATE
This bill authorizes a respondent to submit one written request for a hearing to vacate and may further request another hearing after every extension of the order, if any.
Upon receipt of a request for a hearing to vacate, the court must set a date for a hearing and notice of the request and hearing must be served on the petitioner in the same manner as described above.
This bill provides that the respondent has the burden of proving by clear and convincing evidence that the respondent does not pose a significant danger of causing personal injury to the respondent or others by having in the respondent's custody or control, purchasing, possessing, or receiving a firearm or ammunition. The court is authorized to consider any relevant evidence. If the court finds after the hearing that the respondent has met the burden, then the court is required to vacate the order.
This bill provides that if the order is vacated, then the clerk of the court must notify the law enforcement agency holding any firearm, ammunition, or handgun carry permit that has been surrendered of the order of the court to vacate the risk protection order. The court must also notify the petitioner of the impending end of the protection order, which must be received at least 30 days before the date the order is to end.
RISK PROTECTION ORDER EXTENSION
This bill authorizes the petitioner to, by motion, request an extension of a risk protection order at any time within 30 days before the end of the order. Upon receipt of the motion, the court must order that a hearing be held no later than 14 days after receipt; provided, that if the motion to extend is filed within 14 days of the date the protection order is due to expire, then the court must also order a temporary extension of the order to coincide with the date of the hearing.
This bill provides that if the court finds by clear and convincing evidence that the requirements for issuance of a risk protection order as provided in this section continue to be met, then the court must extend the order. However, if, after notice to the respondent, the motion for extension is uncontested and no modification of the order is sought, then the order may be extended on the basis of a motion or affidavit stating that there has been no material change in relevant circumstances since entry of the order and stating the reason for the requested extension.
This bill authorizes the court to extend a risk protection order for a period that it deems appropriate, up to 12 months.
PROCEDURE AFTER ORDER ENDS OR IS VACATED
This bill requires that if a risk protection order is vacated or ends without extension, then the law enforcement agency holding any items surrendered by the respondent must return the surrendered items as requested by the responded only after confirming through a background check that the respondent is currently eligible to own or possess firearms and ammunition under federal and state law and after confirming with the court that the order has been vacated or ended without extension. The law enforcement agency must also provide notice to any family or household members of the respondent before returning any surrendered items.
If the order is vacated or ended without extension, then the department of safety must reinstate the respondent's handgun carry permit, if one was suspended, after confirming that the respondent is eligible to have a handgun carry permit.
This bill requires that any firearm and ammunition surrendered that remains unclaimed by the lawful owner for one year after an order to vacate the order must be disposed of pursuant to present law provisions pertaining to the confiscation and disposition of confiscated weapons.
TRANSFER OF SURRENDERED ITEMS
This bill authorizes a respondent to elect to transfer all firearms and ammunition owned by the respondent that have been surrendered to or seized by a local law enforcement agency to another person who is willing to receive the firearms and ammunition. The law enforcement agency must allow such a transfer only if it is determined that the chosen recipient:
(1) Currently is eligible to own or possess a firearm and ammunition under federal and state law after confirmation through a background check;
(2) Attests to storing the firearms and ammunition in a manner such that the respondent does not have access to or control of the firearms and ammunition until the risk protection order against the respondent is vacated or ends without extension; and
(3) Attests not to transfer the firearms or ammunition back to the respondent until the risk protection order against the respondent is vacated or ends without extension.
DATABASE ENTRY REQUIREMENTS
This bill requires that within 24 hours after issuance of a risk protection order, the clerk of the court must enter any order or ex parte order into the uniform case reporting system.
Within 24 hours, the clerk of the court is also required to forward a copy of the order issued to the appropriate law enforcement agency specified in the agency. Upon receipt, the law enforcement agency is required to enter the order into the national crime information center and similar state databases. The order is required to remain in each system for the period stated in the order. The law enforcement agency is only authorized to remove an order from the system when it has ended or been vacated.
This bill provides that entry of the order into the national crime information center and similar state databases constitutes notice to all law enforcement agencies of the existence of the order. The order is fully enforceable in any county in this state.
PERJURY
This bill provides that any person who makes a false statement under oath in a hearing on a risk protection order commits perjury, a Class A misdemeanor.
OFFENSE FOR BREAKING AN ORDER
This bill establishes that a person who has in the person's custody or control a firearm or any ammunition or who purchases, possesses, or receives a firearm or any ammunition with knowledge that the person is prohibited from doing so by an order issued pursuant to this bill commits an offense. This offense is a Class E felony.
FORMS AND INFORMATION
This bill requires the administrative office of the courts to develop and prepare, in consultation with interested persons, including clerks, judges, and law enforcement personnel, instructions and informational brochures, standards petitions and risk protection order forms, and a court staff handbook on the risk protection order process. The standards petition and order forms must be used after January 1, 2024, for all petitions filed and orders issued pertaining to risk protection orders. The required materials must be based on best practices and made available to the public online.
This bill requires the administrative office to distribute a master copy of the petition and order forms, instructions, and informational brochures to the clerks of court. Within 90 days of receipt, the clerk must make available the forms, instructions, and informational brochures.
This bill authorizes the clerk of the court to create a community resource list of crisis intervention, mental health, substance abuse, interpreter, counseling, and other relevant resources serving the county in which the court is located which may be made available in addition to the informational brochures developed by the administrative office of the courts.
INSTRUCTION COURSE AND PUBLIC CAMPAIGN
This bill requires that the course of training leading to the basic certification