Fiscal Summary

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Bill Summary

This bill authorizes courts to issue an extreme risk protection order, which this bill defines as an order, in writing, signed by the court, prohibiting and enjoining a named person from having in the person's custody or control, owning, purchasing, possessing, or receiving any firearm or ammunition. This bill specifies that it does not require a law enforcement agency or officer to seek an extreme risk protection order in any case.

This bill establishes the following in regard to the petitioning for and granting of such an order, including emergency and ex parte orders:

(1) A petition for an extreme risk protection order must describe the number, types, and locations of any firearm and ammunition presently believed by the petitioner to be possessed or controlled by the subject of the petition;
(2) The court must notify the TBI when an extreme risk protection order has been issued, renewed, dissolved, or terminated. This bill also requires notice to the national crime information center regarding the issuance of an extreme risk protection order;
(3) A person subject to an extreme risk protection order will be prohibited from having in the person's custody or control, owning, purchasing, possessing, or receiving any firearms or ammunition while that order is in effect. Upon issuance of an extreme risk protection order, the court will order the restrained person to either surrender all firearms and ammunition in the restrained person's custody or control, or which the restrained person possesses or owns, to the law enforcement agency that served the extreme risk protection order in a safe manner, or sell all such firearms and ammunition to a licensed gun dealer;
(4) Any firearm or ammunition surrendered to a law enforcement officer or law enforcement agency will be retained by the law enforcement agency until the expiration of any extreme risk protection order that has been issued against the restrained person. Upon expiration of the order, any firearm or ammunition will be returned to the restrained person;
(5) A temporary emergency extreme risk protection order may be issued on an ex parte basis only if a law enforcement officer asserts, and a judge or the court finds, that there is reasonable cause to believe:

(A) The subject of the petition poses an immediate and present danger of causing personal injury to the subject or to another by having in the subject's custody or control, owning, purchasing, possessing, or receiving a firearm; and
(B) A temporary emergency extreme risk protection order is necessary to prevent personal injury to the subject or to another because less restrictive alternatives have been tried and found to be ineffective, or have been determined to be inadequate or inappropriate for the circumstances of the subject;

(6) A temporary emergency extreme risk protection order will prohibit the subject of the petition from having in the subject's custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and will expire 21 days from the date the order is issued. Such a temporary order will be valid only if it is issued by a judge or court after making the findings required by this bill and pursuant to a specific request by a law enforcement officer;
(7) A law enforcement officer may file a petition requesting that the court issue an ex parte extreme risk protection order enjoining the person from having in the person's custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition. A court may issue an ex parte extreme risk protection order if the petition and information show that the subject of the petition poses a significant danger, in the near future, of personal injury to the subject or to another by having in the subject's custody or control, owning, purchasing, possessing, or receiving a firearm; and an ex parte order is necessary to prevent personal injury to the subject or to another because less-restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject;
(8) Generally, an ex parte order will be issued or denied on the same day that the petition is submitted to the court;
(9) In determining whether grounds for an extreme risk protection order exist, the court will consider specific evidence, such as: a recent threat of violence or act of violence by the subject of the petition directed toward another; a recent violation of an unexpired restraining order; a conviction for any offense that prohibits the person from purchasing or possessing a firearm; and a pattern of violent acts or violent threats within the past 12 months, including, but not limited to, threats of violence or acts of violence by the subject of the petition directed toward the subject or to another. The court may consider any other evidence of an increased risk for violence;
(10) If the court determines that grounds to issue an ex parte extreme risk protection order exist, the court will issue an ex parte extreme risk protection order that prohibits the subject of the petition from having in the subject's custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition, and expires no later than 21 days from the date of the order. Within 21 days after the date on the ex parte extreme risk protection order, the court that issued the order or another court in the same jurisdiction must hold a hearing to determine if an extreme risk protection order should be issued;
(11) A law enforcement officer may request that a court, after notice and a hearing, issue an extreme risk protection order enjoining the person from having in the person's custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition for a period of one year. In determining whether to issue an extreme risk protection order, the court will consider the evidence described above;
(12) At the hearing, the petitioner will have the burden of proving, by clear and convincing evidence, that:

(A) The subject of the petition, or a person subject to an ex parte extreme risk protection order, as applicable, poses a significant danger of personal injury to the subject or to another by having in the subject's custody or control, owning, purchasing, possessing, or receiving a firearm or ammunition; and
(B) An extreme risk protection order is necessary to prevent personal injury to the subject of the petition, or to the person subject to an ex parte extreme risk protection order, as applicable, or another because less-restrictive alternatives either have been tried and found to be ineffective, or are inadequate or inappropriate for the circumstances of the subject of the petition, or the person subject to an ex parte extreme risk protection order, as applicable;

(13) If the court finds that there is clear and convincing evidence to issue an extreme risk protection order, the court will issue an extreme risk protection order that prohibits the subject of the petition from having in the subject's custody or control, owning, purchasing, possessing, or receiving, or attempting to purchase or receive, a firearm or ammunition. If the court finds that there is not clear and convincing evidence to support the issuance of an extreme risk protection order, the court will dissolve any temporary emergency or ex parte extreme risk protection order then in effect. The extreme risk protection order will have a duration of one year, subject to termination or renewal by further order of the court;
(14) A person subject to an extreme risk protection order may submit one written request at any time during the effective period of the order for a hearing to terminate the order;
(15) Under this bill, it will be a Class A misdemeanor to file a petition for an ex parte extreme risk protection order or an extreme risk protection order knowing the information in the petition to be false or with the intent to harass; and
(16) It will be an offense for a person to own or possess a firearm or ammunition with knowledge that the person is prohibited from doing so by a temporary emergency extreme risk protection order, an ex parte extreme risk protection order, or an extreme risk protection order. A violation will be a Class A misdemeanor, punishable by fine, imprisonment, and a five-year prohibition on having in the person's custody or control, owning, purchasing, possessing, receiving, or attempting to purchase or receive, a firearm or ammunition. The five-year prohibition will commence upon the expiration of the existing temporary emergency extreme risk protection order, the ex parte extreme risk protection order, or the extreme risk protection order.