Lethal violence protective temporary restraining orders and injunctions and providing criminal penalties. (FE)

What it would have done

Summary by the Legislative Reference Bureau, the Legislature's nonpartisan drafting office. It's their wording, not ours.

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 certain persons, such as a law enforcement officer or a family member, household member, or close friend of the respondent, a court shall issue a temporary restraining order 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 180 days and may be renewed for an unlimited number of 180-day terms. Any person who is subject to a lethal violence protective injunction may petition 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.

Who's behind it

17 lawmakers are its authors⁠. 15 are Democrats and 2 are Republicans.

7 more lawmakers signed on in support⁠.

What it would cost

State agencies filed a cost estimate. Each opens as a PDF from the Legislature.

• Fiscal Estimate From DA