Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that authorizes and establishes procedures for extreme risk protection orders and temporary extreme risk protection orders.

Highlights:

• Authorizes individuals to file a petition for a temporary extreme risk protective order alleging that another individual poses a significant danger by having a firearm (Sec. 4).

• Requires that a hearing for an extreme risk protective order be held in Superior Court within 10 days of the date the petition was initially filed (Sec. 5).

• Specifies that a temporary extreme risk protective order shall remain in effect until the court issues a further order (Sec. 4).

• Specifies that an extreme risk protective order shall expire one year after its issuance, unless the court extends the order (Sec. 5).

• Authorizes courts to extend an extreme risk protective order upon request and after an additional hearing (Sec. 6).

• Specifies that a temporary extreme risk protective order or extreme risk protective order shall prohibit the affected individual from possessing firearms in any way, or from holding any type of firearms permit (Secs. 4 & 5).

• Requires individuals subjected to a temporary extreme risk protective order or an extreme risk protective order to immediately surrender all firearms, ammunition, and firearms permits to law enforcement or to a federally licensed firearms dealer (Sec. 7).

• Requires that a petition for a temporary extreme risk protective order against a law enforcement officer must be filed with the law enforcement agency by which such officer is employed (Sec. 4).

• Requires such law enforcement agency to conduct an internal investigation, the results of which must be transmitted to the county prosecutor, who shall decide if the matter should be referred to the courts (Sec. 4).

• Prohibits the termination of a law enforcement officer during the pendency of such investigation (Sec. 4).

• Authorizes individuals affected by such an order to petition for the order to be terminated while the order is in affect, which the court may grant if such individual proves that they no longer pose a significant danger (Sec. 6).

• Classifies the willful violation of an order issued under this statute as a fourth degree felony (Sec. 13).

• Amends the effective date that the House previously specified from 8 months following the enactment of this bill to 15 months following the enactment of this bill (Sec. 17).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass with amendment a bill that authorizes and establishes procedures for extreme risk protection orders and temporary extreme risk protection orders.

Highlights:

• Authorizes individuals to file a petition for a temporary extreme risk protective order alleging that another individual poses a significant danger by having a firearm (Sec. 4).

• Requires that a hearing for an extreme risk protective order be held in Superior Court within 10 days of the date the petition was initially filed (Sec. 5).

• Specifies that a temporary extreme risk protective order shall remain in effect until the court issues a further order (Sec. 4).

• Specifies that an extreme risk protective order shall expire one year after its issuance, unless the court extends the order (Sec. 5).

• Authorizes courts to extend an extreme risk protective order upon request and after an additional hearing (Sec. 6).

• Specifies that a temporary extreme risk protective order or extreme risk protective order shall prohibit the affected individual from possessing firearms in any way, or from holding any type of firearms permit (Secs. 4 & 5).

• Requires individuals subjected to a temporary extreme risk protective order or an extreme risk protective order to immediately surrender all firearms, ammunition, and firearms permits to law enforcement or to a federally licensed firearms dealer (Sec. 7).

• Requires that a petition for a temporary extreme risk protective order against a law enforcement officer must be filed with the law enforcement agency by which such officer is employed (Sec. 4).

• Requires such law enforcement agency to conduct an internal investigation, the results of which must be transmitted to the county prosecutor, who shall decide if the matter should be referred to the courts (Sec. 4).

• Prohibits the termination of a law enforcement officer during the pendency of such investigation (Sec. 4).

• Authorizes individuals affected by such an order to petition for the order to be terminated while the order is in affect, which the court may grant if such individual proves that they no longer pose a significant danger (Sec. 6).

• Classifies the willful violation of an order issued under this statute as a fourth degree felony (Sec. 13).

• Amends the effective date that the House previously specified from 8 months following the enactment of this bill to 15 months following the enactment of this bill (Sec. 17).

Full Bill Text

Vote Smart's Synopsis:

Vote to pass a bill that authorizes and establishes procedures for extreme risk protection orders and temporary extreme risk protection orders.

Highlights:

• Authorizes individuals to file a petition for a temporary extreme risk protective order alleging that another individual poses significant danger by having firearms (Sec. 4).

• Requires that a hearing for an extreme risk protective order be held in Superior Court within 10 days of the date the petition was initially file (Sec. 5).

• Specifies that a temporary extreme risk protective order shall remain in effect until the court issues a further order (Sec. 4).

• Specifies that an extreme risk protective order shall expire one year after its issuance, unless the court extends the order (Sec. 5).

• Authorizes courts to extend an extreme risk protective order upon request and after an additional hearing (Sec. 6).

• Specifies that a temporary extreme risk protective order or extreme risk protective order shall prohibit the affected individual from possessing firearms in any way, or from holding any type of firearms permit (Secs. 4 & 5).

• Requires individuals subjected to a temporary extreme risk protective order or an extreme risk protective order to immediately surrender all firearms, ammunition, and firearms permits to law enforcement or to a federally licensed firearms dealer (Sec. 7).

• Requires that a petition for a temporary extreme risk protective order against a law enforcement office must be filed with the law enforcement agency by which such officer is employed (Sec. 4).

• Requires such law enforcement agency to conduct an internal investigation, the results of which must be transmitted to the county prosecutor, who shall decide if the matter should be referred to the courts (Sec. 4).

• Prohibits the termination of a law enforcement officer during the pendency of such investigation.

• Authorizes individuals affected by such an order to petition for the order to be terminated once while the order is in effect, which the court may grant if such individual proves that they no longer pose a significant danger (Sec. 6).

• Classifies the willful violation of an order issued under this statute as a fourth degree felony (Sec. 13).

Full Bill Text