AB 350

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

violating the prohibition.

This bill creates an extreme risk protection temporary restraining order and

injunction to prohibit a person from possessing a firearm. Under the bill, either a

law enforcement officer or a family or household member of the person may file a

petition with a court to request an extreme risk protection injunction. The petition

must allege facts that show that the person is substantially likely to injure himself

or herself or another if the person possesses a firearm.

Under the bill, the petitioner may request the court to consider first granting

a temporary restraining order. If the petitioner does request a TRO, the petitioner

must include evidence that there is an immediate and present danger that the person

may injure himself or herself or another if the person possesses a firearm and that

waiting for the injunction hearing increases the immediate and present danger.

If the petitioner requests a TRO, the court must hear the petition in an

expedited manner. The judge must issue a TRO if, after questioning the petitioner

and witnesses or relying on affidavits, the judge determines that it is substantially

likely that the petition for an injunction will be granted and the judge finds good

cause to believe there is an immediate and present danger that the person will injure

himself or herself or another if the person has a firearm and that waiting for the

injunction hearing may increase the immediate and present danger. If the judge

issues a TRO, the TRO is in effect until the injunction hearing, which must occur

within 14 days of the TRO issuance. The TRO must require a law enforcement officer

to personally serve the person with the order and to require the person to

immediately surrender all firearms in his or her possession. If a law enforcement

officer is unable to personally serve the person, then the TRO requires the person to

surrender within 24 hours all firearms to a law enforcement officer or a firearms

dealer and to provide the court a receipt indicating the surrender occurred.

At the injunction hearing, the court may grant an extreme risk protection

injunction ordering the person to refrain from possessing a firearm and, if the person

was not subject to a TRO, to surrender all firearms he or she possesses if the court

finds by clear and convincing evidence that the person is substantially likely to injure

himself or herself or another if the person possesses a firearm. An extreme risk

protection injunction is effective for up to one year and may be renewed. A person