No. HB 729
Filed under Criminal Justice.
Protective Injunctions and Protection Orders; Requires respondent to surrender to local law enforcement agency all firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of final judgment on injunction for protection against domestic violence; provides for surrender & storage of firearms, ammunition, & licenses to carry concealed weapon or firearm after issuance of protective injunction; requires law enforcement agencies to develop certain policies & procedures; provides for return of firearms, ammunition, & licenses to carry concealed weapon or firearm when protective injunction is vacated, terminated, or otherwise rendered no longer affective; authorizes respondent to elect to transfer all firearms & ammunition surrendered or seized by law enforcement agency to another person; revises criminal penalty for second or subsequent violation of injunction for protection against domestic violence or foreign protection order.
Plain English Summary
AI-GENERATEDCourts must order respondents to surrender all firearms, ammunition, and concealed carry licenses to local law enforcement upon a final domestic violence injunction.
Law enforcement officers must take possession of surrendered items, issue a receipt, and file it with the court within 72 hours of service.
If a respondent fails to surrender items, a law enforcement officer's sworn statement triggers a court hearing to issue a search warrant.
Respondents may transfer surrendered firearms to a third party who passes a background check and agrees to store them securely.
AICreates a new legal duty for respondents in domestic violence cases to surrender all firearms, ammunition, and concealed carry licenses to law enforcement upon a final court judgment.
AIGrants law enforcement the authority to obtain search warrants to locate and seize unsurrendered firearms if they have probable cause to believe the respondent is in non-compliance.
AIRequires law enforcement to return surrendered firearms and licenses only after a background check confirms the respondent is legally eligible to possess them again.
AIAllows respondents to transfer surrendered firearms to a third party who passes a background check and agrees to store the weapons away from the respondent.
AIReduces the number of prior convictions required to trigger a third-degree felony charge for violating a domestic violence injunction or foreign protection order.