Vote Smart's Synopsis:

Vote to pass a bill that authorizes extreme risk protection orders.

Highlights:

• Defines an extreme risk protection order to mean a court order prohibiting a person from possessing, purchasing or attempting to purchase, receiving or attempting to receive a firearm, base upon a finding that the person presents a substantial risk of suicide or of causing a death of, or serious bodily injury, to another person (Sec. 4).

• Defines family or household members to mean spouses or persons who have been spouses, parents and children, other persons related, current or former sexual or intimate partners or persons who share biological parenthood (Sec. 4).

• Defines a firearm to mean a weapon designed to or that may readily be converted to expel a projectile by the action of an explosive or the frame or receiver of such weapon (Sec. 4).

• Defines a firearms license to mean a concealed carry license, safekeeping license, hunting license, or any similar license following the laws of another state (Sec. 4).

• Authorizes a law enforcement officer or a family or household member of a person believed to present a risk of suicide or causing death or extreme bodily harm to another person, to file a petition requestinf that the court issue an extreme risk protection order or to renew an existing one (Sec. 4).

• Specifies that an extreme risk protection order becomes effective at the time of service (Sec. 4).

• Requires that a petition for an extreme risk protection order (Sec. 4):

• Be standardized and developed by the Office of the Attorney General;

• Be verified under the Pennsylvania Rules of Civil Procedure and have the person signing the petition be subject to penalties relating to unsworn falsification to authorities;

• State facts that demonstrate the risk of the respondent’s ability to purchase or possess firearms;

• Describes the number, types, and locations of any firearms owned by the respondent or known to be in their possession or control.

• Authorizes a petition to be filed with an earring officer if the court is closed or unavailable during a business day (Sec. 4).

• Prohibits an order from being issued without a demonstration of risk due to behaviors or events occurring within the last 12 months (Sec. 4).

• Requires that the court or hearing officer consider evidence of the following (Sec. 4):

• Suicide threats or attempts;

• Threats, acts of violence, or attempted acts of violence;

• Domestic abuse;

• Animal cruelty;

• Abuse of controlled substances or alcohol, or any criminal offenses that involves controlled substances or alcohol;

• Unlawful or reckless use, display, or brandishing of a firearm;

• Recent acquisition or attempted acquisition of a firearm;

• Any additional information found to be reliable, including a statement by the respondent.

• Requires that the court issue an interim extreme risk protection order if the respondent presents a substantial risk of suicide or serious bodily injury, and if the risk is imminent and other circumstances that would make it safe to proceed by ordering a hearing without issuing an interim extreme protection order do not exist (Sec. 4).

• Requires that an interim extreme risk protection order includes (Sec. 4):

• The date and time the order was issued;

• Instructions for the relinquishment of any firearm or license the respondent owns or possesses;

• Notice of the penalties for violating the order;

• Notice of the provisions relating to the abandonment of firearms;

• The date of expiration if it was issued by a hearing officer.

• Requires that an interim extreme risk protection order issued by a court and has a scheduled hearing includes (Sec. 4):

• Notice of the time, date, and location of the hearing;

• Notice of the right to request continuance and instructions on requesting continuance or waiving the hearings;

• Notice of the fact that, at the hearing, or if it was waived, the court is authorized to extend the order for 1 year;

• Notice of the right to an attorney.

• Requires that an interim extreme risk protection order issued by a hearing officer expires at the end of the next business day the court deems itself available, but no more than 5 days after it is issued (Sec. 4).

• Specifies that a court issued interim extreme risk protection order is in effect until the scheduled hearing (Sec. 4).

• Authorizes the court, if the respondent fails to appear for a hearing on a petition, to proceed with the hearing and issue an extreme risk protection order without the respondent (Sec. 4).

• Requires that a copy of the order be delivered to law enforcement and entered into the appropriate database so notice of the order is provided through the Pennsylvania Instant Check System and the Federal Bureau of Investigation National Instant Criminal Background Check System (Sec. 4).

• Requires that an extreme risk protection order after a hearing be effective for no less than 3 months and no more than 1 year (Sec. 4).

• Authorizes the respondent the ability to petition the court at any time during the effective period of the order for a hearing to determine if the order should be terminated (Sec. 4).

• Requires that within 24 hours of the service of the order, all firearms be relinquished to law enforcement (Sec. 4).

• Authorizes the respondent to request the firearms be transferred to a firearms dealer for consignment sale, lawful transfer, or safekeeping (Sec. 4).

• Requires an immediate return of the respondent’s firearms after a court vacates an interim extreme risk protection order (Sec. 4).

Full Bill Text