SB 299

Under current law, a person is prohibited from possessing a firearm, and must

surrender any firearm he or she possesses, if he or she is subject to a domestic abuse

injunction, a child abuse injunction, or, in certain cases, a harassment or an

individuals-at-risk injunction. If a person surrenders a firearm because he or she

is subject to one of those injunctions, the firearm may not be returned to the person

until a court determines that the injunction has been vacated or has expired and that

the person is not otherwise prohibited from possessing a firearm. A person who is

prohibited from possessing a firearm under such an injunction is guilty of a Class G

felony if he or she violates the prohibition.

This bill creates a lethal violence protective temporary restraining order and

a lethal violence protective injunction. Upon receiving a petition filed by a law

enforcement officer or a family or household member of the respondent, a court shall

issue a temporary restraining order (TRO) prohibiting the respondent from

possessing a firearm and ordering the respondent to surrender all of his or her

firearms if the court finds reasonable grounds to believe that the respondent is

substantially likely to injure himself or herself or another person if the respondent

possesses a firearm. At the injunction hearing, the court may grant a lethal violence

protective injunction ordering the respondent to refrain from possessing a firearm

if the court finds reasonable grounds to believe that the respondent is substantially

likely to injure himself or herself or another person if the respondent possesses a

firearm. A lethal violence protective injunction is effective for one year and may be

renewed for additional one-year terms. Any person who is subject to a lethal violence

protective injunction may petition no more than once a year to vacate the injunction.

A person who possesses a firearm while subject to a lethal violence protective TRO

or injunction is guilty of a Class G felony. In addition, a person who files a petition

for a lethal violence protective TRO or injunction, knowing the information in the

petition to be false or with the intent to harass, is subject to a fine of up to $10,000

and imprisonment for up to nine months or both.