SB 530

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

surrender all firearms, if the person 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 the person 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 for

a violation of the prohibition.

This bill creates an extreme risk protection temporary restraining order and an

extreme risk protection injunction. Upon receiving a petition filed by a law

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

schedule an injunction hearing. The court also shall issue a temporary restraining

order prohibiting the respondent from possessing a firearm and ordering the

respondent to surrender all firearms if the court finds reasonable grounds that the

respondent is substantially likely to injure the respondent or another person if the

respondent possesses a firearm. The temporary restraining order remains in effect

until the injunction hearing. At the injunction hearing, the court may grant an

extreme risk protection injunction ordering the respondent to refrain from

possessing a firearm if the court finds by clear and convincing evidence that the

respondent is substantially likely to injure the respondent or another person if the

respondent possesses a firearm. An extreme risk protection injunction is effective

for up to one year and may be renewed. Any person who is subject to an extreme risk

protection injunction may petition to vacate the injunction. A person who possesses

a firearm while subject to an extreme risk protection temporary restraining order or

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

an extreme risk protection temporary restraining order or injunction, knowing the

information in the petition to be false, is guilty of the crime of false swearing, a Class

H felony.

Because this bill creates a new crime or revises a penalty for an existing crime,

the Joint Review Committee on Criminal Penalties may be requested to prepare a

report.