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S.F. No. 436 - Extreme Risk Protection Orders
 
Author: Senator Ron Latz
 
Prepared By: Kenneth P. Backhus, Senate Counsel (651/296-4396)
 
Date: January 16, 2020



 

Section 1 provides that a person who is subject to an extreme risk protection order (ERPO) is ineligible to possess a firearm.

Sections 2 and 3 authorize a court to issue an ERPO based on a petition brought by a family or household member, a chief law enforcement officer or designee, a city or county attorney, or a guardian. The petition may be granted if a preponderance of the evidence shows that the respondent poses a significant danger of bodily harm to self or others by possessing a firearm. The petition must allege under oath sufficient facts and circumstances to justify the order. If granted, the ERPO shall enjoin and prohibit the respondent from possessing firearms while the order is in effect, which is for a fixed period as ordered by the court of a minimum of six months and a maximum of two years (subject to extension/renewal). No filing fees may be charged to either party and the court must provide simplified forms to the parties and give the matter docket priority. An ERPO is valid statewide. Addresses details such as service of the petition, where to file, hearings, and specifics of what evidence the court may consider.

Section 4 addresses extensions and early terminations of ERPOs.

Section 5 authorizes issuance of an emergency ex parte ERPO if the standards for a regular ERPO are met and the court finds that the respondent poses an immediate and present danger of bodily injury. An emergency ERPO is effective for 14 days unless a hearing is held sooner.

Sections 6 and 7 address the transfer and return of firearms possessed by someone subject to an ERPO. The court must direct the person to transfer any firearms to a federal firearms dealer or law enforcement agency within 24 hours. Specifies how proof of the transfer is to be shown. Provides for immediate issuance of a search warrant and seizure of firearms in situations involving immediate and present danger of bodily injury. Transferred firearms must be returned upon request after the expiration of the ERPO provided the person is eligible under law to possess.

Section 8 makes it a misdemeanor to bring an ERPO petition knowing it has materially false information or with intent to threaten, harass, or abuse. Makes it a misdemeanor (along with a five year ban on possessing firearms) to violate an ERPO.  

Section 9 provides civil and criminal immunity to law enforcement for good faith decisions not to bring an ERPO petition and for damage to firearms in their care.

Section 10 provides a revisor’s instruction.

Section 11 provides the bill’s effective date.

 
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