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Politicizing Guns since 2017


Utah HB 209 - Extreme Risk Protection Order

Section 78B-7-503 is enacted to read: 78B-7-503. Extreme risk protective order — Affidavit — Filing — Court to develop, adopt, and provide forms.

(1) Any family member of the respondent, individual who has resided with the respondent within the previous six months, or a law enforcement officer may seek an extreme risk protective order from the district court in the county where the respondent resides restraining the respondent from possessing any firearms.

(2) The request shall consist of a written affidavit on a form provided by the court in the county where the respondent resides. The Administrative Office of the Courts shall develop and adopt uniform forms in accordance with the provisions of this chapter to be distributed to all courts within the state.

(a) The offices of the court clerk shall provide nonlegal assistance to persons filing under this part.

(b) Forms provided by the court to file for an extreme risk protective order shall include a statement informing the petitioner that knowing falsification of any statement or information provided for the purpose of obtaining an ex parte order is a third degree felony.

(3) The affidavit shall include, if known, any information the petitioner has regarding firearms the respondent may possess, including types, number, and location.

(4) No charges may be imposed by a court clerk, constable, or law enforcement agency for:

(a) filing a petition under this part;

(b) obtaining an extreme risk protective order or an ex parte order; or

(c) obtaining copies, either certified or not certified, necessary for service or delivery to law enforcement officials.

(5) A petitioner may petition the court for an ex parte extreme risk protective order. Before issuing an ex parte order, the court shall consider whether:

(a) there has been a recent threat of violence, or act of violence, by the respondent toward himself, herself, or others, including the transmission of threats through electronic or digital means;

(b) the respondent is a restricted person in accordance with Section 76-10-503 ;

(c) the respondent is dangerous;

(d) the respondent recently violated a protective order issued in accordance with any other part of this chapter; or

(e) there has been a recent pattern of violent acts or threats by the respondent and other less restrictive alternatives either have been tried and found to be ineffective or are inadequate or inappropriate for the circumstances of the respondent.

(6) In determining whether grounds for an extreme risk protective order exist, the court may also consider other evidence of an increased risk for violence, including evidence of any of the following:

(a) the reckless use, display, or brandishing of a firearm by the respondent;

(b) the history of use, attempted use, or threatened use of physical force by the respondent against another individual;

(c) an act or threat of violence against himself or herself;

(d) a prior arrest of the respondent for a violent felony offense or violent crime;

(e) evidence, including police reports and records of convictions, of either recent criminal offenses by the respondent that involve controlled substances or alcohol or ongoing abuse of controlled substances or alcohol by the respondent; and

(f) evidence of the recent acquisition of firearms or ammunition.

(7) The court shall make a concerted effort to set hearings in such a way that the respondent is able to comply with the requirements of this chapter.

(8) Evidence that the respondent suffers from a mental illness may not be the sole criteria for the issuance of an ex parte extreme risk protective order, however at any time during the process and any subsequent hearings, the court may consider whether the respondent suffers from a mental illness and, at its discretion, recommend an evaluation by a designated examiner in accordance with Section 62A-15-631 .