AB 1051

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.