Vote Smart's Synopsis:

Vote to pass a bill that authorizes a family or household member to petition for an extreme risk protection order, which requires the surrender of firearms.

Highlights:

• Authorizes a family or household member to petition the court to issue an “extreme risk protection order” that would require an individual deemed dangerous to themselves or others to surrender all firearms and licenses to carry for 1 year or however long the court determines necessary (Sec. 2).

• Requires the firearms to be surrendered to a licensed dealer (Sec. 13).

• Prohibits an individual who has been issued an extreme risk protection order from possessing or purchasing a firearm for the entire period specified by the court (Sec. 13).

• Requires all firearms and licenses to be returned to the respondent when the order expires (Sec. 13).

• Prohibits fees from being charged by a court or any public agency to the petitioner (Sec. 13).

• Requires a fine of up to $5,000 and/or 2.5 years in prison for providing false information (Sec. 13).

• Authorizes the respondent to appeal the protection order through the regular appeals process (Sec. 13).

• Defines a “family or household member” as any individual who (Sec. 2):

• Is married to the respondent;

• Is in a “substantive dating relationship” with the respondent;

• Is or has been engaged to the respondent;

• Resides in the same household as the respondent;

• Is a relative by blood or marriage to the respondent; or

• Has or is having a child with the respondent, regardless of whether they are married or living together.

• Defines a “substantive dating relationship” as a relationship determined by the court after consideration of the following factors (Sec. 6):

• The type and length of time of the relationship;

• The frequency of interaction between the parties; and

• If the relationship has been terminated by either individual, the length of time elapsed since the termination.

Full Bill Text