SB 42 - This act establishes an "extreme risk order of protection" which shall be granted when a person is found to pose an extreme risk to him or herself or others by possessing, controlling, or owning a firearm. After a petition for an extreme risk order of protection is filed, the court shall hold a hearing on the matter within fourteen days of the filing or five days if the respondent is a family or household member of the petitioner. An extreme risk order of protection can be renewed for up to one year by the petitioner or court. Additionally, a respondent to an extreme risk order of protection can have the order modified or rescinded upon a making a motion to do so with the court. Upon issuance of an extreme risk order of protection, a person subject to the order of protection shall surrender any firearms in his or her possession, control, or ownership. If the order is being served on the respondent by a law enforcement officer, then the officer must give the respondent an opportunity to comply. Should the respondent not comply, then the law enforcement officer may take the respondent into custody while the officer searches for and seizes any firearms.
Anyone who possesses a firearm and is subject to an extreme risk order of protection is guilty of the offense of unlawful possession of a firearm. A person who fails to comply with an extreme risk order of protection may also be subject to imprisonment for up to 180 days and a $1,000 fine. Finally, any person who knowingly and intentionally makes a false statement to a court in the petition is subject to the contempt powers of the court.
This act is similar to provisions of SB 1101 (2018) and of HB 2281 (2018).
CHARLEY MERRIWEATHER