Relating to firearm violence protective orders and making penalties applicable

A court may issue a temporary emergency firearm protective order if a judicial officer finds there is reasonable cause to believe that a person poses an immediate and present danger of physical injury to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition and that a temporary emergency firearm violence protective order is necessary to prevent physical injury to the respondent’s self or others because less restrictive alternatives have been tried and found to be ineffective or are determined to be inadequate or inappropriate for the respondent’s circumstances. A temporary emergency firearm violence protective order issued under the bill shall prohibit the respondent from possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition or attempting to possess, ship, transport, or receive a firearm, offensive weapon, or ammunition, and expires 21 days from the date the order is issued. EX PARTE TEMPORARY FIREARM VIOLENCE PROTECTIVE ORDER. An immediate family member of a respondent or a law enforcement officer may file a petition requesting the court to issue an ex parte temporary firearm violence protective order enjoining the respondent from possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition. A court shall issue an ex parte temporary firearm violence protective order if the petition, supported by an affidavit made in writing and any additional information and signed by the petitioner under oath, shows a substantial likelihood that the respondent poses a significant danger, in the near future, of physical injury to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition as determined by certain evidence including threats of or acts of violence by the respondent, and that the order is necessary to prevent physical injury to the respondent’s self or others because less restrictive alternatives have been tried and found to be ineffective, or are determined to be inadequate or inappropriate for the circumstances of the respondent. If the court issues an ex parte temporary firearm violence protective order that prohibits the respondent from possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition, or attempting to possess, ship, transport, or receive firearms, offensive weapons, or ammunition, the order expires not later than 21 days from the date the order is issued. Within 21 days after the date the order is issued, the court shall hold a hearing to determine if a firearm violence protective order should be issued for a period of one year. FIREARM VIOLENCE PROTECTIVE ORDER —— NOTICE AND HEARING. Subsequent to the issuance of an ex parte firearm violence protective order, an immediate family member or a law enforcement officer may request the court, after notice and a hearing, to issue a firearm violence protective order enjoining the respondent from possessing, shipping, transporting, or receiving firearms, offensive weapons, or ammunition for a period of one year. The court may consider additional evidence to determine whether to issue a firearm violence protective order for a period of one year. The evidentiary requirements and standard of review are similar to those required for an ex parte firearm violence protective order. PENALTIES.26, a person who is the subject of a domestic abuse protective order or who has been convicted of a misdemeanor crime of domestic violence under federal law who knowingly possesses, ships, transports, or receives a firearm, offensive weapon, or ammunition is guilty of a class “D” felony. The bill expands this category of persons to include a person who is the subject of a firearm violence protective order under the bill. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.26 relating to the surrender of any firearm, offensive weapon, or ammunition in the possession of a prohibited person under the bill, including certain transfer, sale, reporting information, and the return of any firearms, offensive weapons, and ammunition to the person upon the expiration of the firearm protective order. RULES. The bill requires the supreme court to prescribe forms and rules necessary to carry out the intent and purposes of the bill.