No. SB 858
Filed under Criminal Justice.
Protective Injunctions and Protection Orders; Requiring a respondent to surrender to the local law enforcement agency all firearms, ammunition, and licenses to carry a concealed weapon or firearm after the issuance of a final judgment on an injunction for protection against domestic violence; providing for return of firearms, ammunition, and licenses to carry a concealed weapon or firearm when a protective injunction is vacated, terminated, or otherwise rendered no longer effective; revising the criminal penalty for a second or subsequent violation of an injunction for protection against domestic violence or a foreign protection order, etc.
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, the court must issue a search warrant based on a sworn statement from a law enforcement officer.
Respondents may transfer surrendered firearms to a third party who passes a background check and attests to secure storage away from the respondent.
AICreates a mandatory duty for respondents to surrender all firearms, ammunition, and concealed carry licenses to law enforcement upon a final domestic violence injunction.
AIAllows law enforcement to obtain search warrants to seize unsurrendered firearms if probable cause exists that the respondent failed to comply with the surrender order.
AIRequires law enforcement to return surrendered firearms and licenses only after a background check confirms eligibility and the court confirms the injunction is no longer effective.
AIReduces the prior conviction requirement for a third-degree felony from two or more prior convictions to a single prior conviction for violating a domestic violence injunction.