Utah HB 209 - Extreme Risk Protection Order
Provides that person subject to certain court protective orders is prohibited from possessing firearms if person had opportunity to be heard on order and did not request hearing, failed to appear at hearing or withdrew request before hearing occurred. Provides that person subject to certain court protective orders is prohibited from possessing firearms if person had opportunity to be heard on order and did not request hearing, failed to appear at hearing or withdrew request before hearing occurred. Punishes violation of prohibition by maximum of 364 days' imprisonment, $6,250 fine, or both. Requires court to order relinquishment of firearms and ammunition when person is convicted of certain domestic violence offenses or subject to certain court orders. Requires person to transfer firearms and ammunition within 24 hours of court order. Requires court to notify district attorney and Department of State Police if person does not file affidavit or declaration concerning possession of firearms.] Requires person to file declaration concerning disposition of firearms and ammunition within two judicial days of order. Authorizes contempt proceedings against person who does not file declaration. Requires law enforcement agency that takes custody of firearms pursuant to relinquishment order to notify Department of Justice and perform criminal background check prior to law enforcement agency's return of firearms. Declares emergency, effective on passage.
An Act Regarding Access to Firearms by Extremely Dangerous and Suicidal Individuals
This bill requires notification to be provided to victims when seized or surrendered weapons are returned to a person charged with domestic violence. The bill also requires notification to be provided to family or household members who petitioned for an extreme risk protection order when a seized firearm is returned to the person after the order is terminated. Under the "Prevention of Domestic Violence Act of 1991", P.L.1991, c.261 (C.2C:25-17 et seq.), a law enforcement officer may take possession of any weapons owned by a person charged with domestic violence. The weapons are transferred to the county prosecutor's office, which is required to determine within 45 days whether to file for forfeiture of the weapons. The weapons are returned if the forfeiture action is not filed within 45 days. A court hearing a domestic violence case also is required to order the return of the weapons when: 1) the complaint has been dismissed at the request of the complainant and the prosecutor determines that there is insufficient probable cause to indict; 2) the defendant is found not guilty of the charges; or 3) the court determines that the domestic violence situation no longer exists. This bill requires the prosecutor to notify each claimant or victim that the seized or surrendered weapons are to be returned to the defendant. The "Extreme Risk Protective Order Act of 2018", P.L.2018, c.35 (C.2C:58-20 et seq.), allows a family or household member to petition the Superior Court for an extreme risk protective order (ERPO) against persons who pose a significant danger of bodily injury to themselves or others by possessing or purchasing a firearm. The ERPO prohibits the subject from possessing or purchasing a firearm or ammunition and from holding a firearms purchaser identification card, permit to purchase a handgun, and permit to carry a handgun. A person who is subject to the order is required to surrender his or her firearms or ammunition to a law enforcement agency but may petition the agency for the return of any surrendered firearms or ammunition upon termination of the order. This bill requires the law enforcement agency to notify the family or household members who petitioned for the ERPO that the firearms or ammunition are to be returned. The bill requires the notification to be provided at least 10 days prior to returning the weapons or ammunition to persons who were charged with domestic violence or subject to an ERPO.
An act to amend Sections 18150, 18170, and 18190 of the Penal Code, relating to firearms.
"An Act relating to gun violence protective orders; relating to the crime of violating a protective order; relating to a central registry for protective orders; requiring physicians, psychologists, psychological associates, social workers, marital and family therapists, and licensed professional counselors to report annually threats of gun violence; relating to the powers of district judges and magistrates; amending Rules 4 and 65, Alaska Rules of Civil Procedure, and Rule 9, Alaska Rules of Administration; and providing for an effective date."
Relating to court orders; declaring an emergency.
As introduced, allows a law enforcement officer or person who has a relationship with the respondent to petition a court for the issuance of an extreme risk protection order based on clear and convincing evidence that the respondent poses a significant risk of causing personal injury to the respondent or others by possessing a firearm. - Amends TCA Title 33; Title 38; Title 39 and Title 40.
Improving procedures and strengthening laws relating to protection orders, no-contact orders, and restraining orders.
Establishing a protective order for vulnerable adults.