Relating to firearms, including background checks for acquiring pistols or revolvers, identification markings on firearms and firearm parts, trigger locks, extreme risk protective orders, mental health funding, certain firearm transfers, and certain related crimes, and providing penalties

The bill prohibits a person from removing, defacing, altering, or obliterating the name of any maker or model, maker’s number, unique serial number, or other mark of identification on any firearm. The possession of any firearm upon which any identifying mark, number, or name has been removed, defaced, altered, or obliterated shall be prima facie evidence that the person owning or in possession of such firearm has removed, defaced, altered, or obliterated the identifying mark, number, or name. The bill prohibits a person from completing the manufacture of a firearm without subsequently obtaining a unique serial number or other mark of identification from DPS and engraving upon or permanently affixing to the firearm such serial number or other mark in a manner that conforms with federal requirements. The bill prohibits a person from transferring to another person a firearm manufactured in violation of the bill or facilitating, aiding, or abetting the manufacture of a firearm by a person or for a person who is otherwise prohibited by law from purchasing or possessing a firearm, or that a person is otherwise prohibited by law from purchasing or possessing. The prohibitions relating to the manufacture or transfer of firearms that do not have a proper identifying mark do not apply to the manufacture of a firearm manufactured using an unfinished frame or lower receiver on which a serial number or other identifying mark has been engraved or permanently affixed; to the manufacture of firearms by a federally licensed firearms manufacturer; to any antique firearm or any firearm manufactured prior to the effective date of the bill, provided such firearm is otherwise lawfully possessed; or to the delivery or transfer of a firearm to a law enforcement agency. The bill prohibits a person from selling, delivering, or otherwise transferring an unfinished frame or lower receiver that does not have a unique serial number or other mark of identification obtained pursuant to the bill. Beginning December 1, 2026, a person shall not possess an unfinished frame or lower receiver unless the person is eligible to purchase and possess a firearm under state and federal law. These provisions do not apply to the sale, delivery, or transfer of an unfinished frame or lower receiver between a federally licensed firearms manufacturer and a federally licensed firearms dealer, a federally licensed firearms importer and a federally licensed firearms dealer, or multiple federally licensed firearms dealers. The bill prohibits a person from manufacturing any firearm from polymer plastic that, after removal of grips, stocks, and magazines, is not as detectable as a security exemplar by walk-through metal detectors calibrated and operated to detect the security exemplar. Generally, a person who violates a provision of the bill commits a class “C” felony. However, a person who sells, delivers, or otherwise transfers an unfinished frame or lower receiver in violation of the provisions of the bill knowing that such unfinished frame or lower receiver is stolen or that the manufacturer’s number or other mark of identification on such unfinished frame or lower receiver has been altered, removed, or obliterated commits a class “B” felony. Any firearm or unfinished frame or lower receiver possessed in violation of the bill shall be forfeited to DPS. A class “C” felony is punishable by confinement for no more than years and a fine of at least $1,370 but not more than $13,660. A class “B” felony is punishable by confinement for no more than years. DIVISION IV —— SAFE STORAGE. The bill establishes a public safety trigger lock fund in the state treasury under the control of DPS. DPS may receive and accept donations, grants, loans, and contributions from any public or private source for deposit into the trust fund for the purpose of providing free trigger locks to firearms owners. DPS shall work with law enforcement agencies of the state, local governments, and other local entities and nonprofit organizations to provide trigger locks at no cost to firearms owners in the state. Current law prohibits any person from storing or leaving a loaded firearm which is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location which a reasonable person would believe to be secure from a minor under the age of years, if such person knows or has reason to believe that a minor under the age of years is likely to gain access to the firearm, the minor lawfully gains access to the firearm without the consent of the minor’s parent, guardian, or person having charge of the minor, and the minor exhibits the firearm in a public place in an unlawful manner, or uses the firearm unlawfully to cause injury or death to a person. The bill prohibits any person from storing or leaving a loaded or unloaded firearm that is not secured by a trigger lock mechanism, placed in a securely locked box or container, or placed in some other location that a reasonable person would believe to be secure from a minor under the age of years, if such person knows or has reason to believe that a minor under the age of years is likely to gain access to the firearm without the lawful permission of the minor’s parent, guardian, or person having charge of the minor, and the minor lawfully gains access to the firearm without the consent of the minor’s parent, guardian, or person having charge of the minor. A violation of the bill is punishable as a serious misdemeanor. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. DIVISION V —— EXTREME RISK PROTECTIVE ORDERS. For purposes of this division, the bill defines “family member” to mean a spouse, person cohabiting, a parent, or other person related by consanguinity or affinity.1. “Possession” includes ownership, custody, or control. “Plaintiff” means a family member, a person with whom the respondent is having an intimate relationship with, or a peace officer.1. Under the bill, a plaintiff may file a petition in district court requesting an extreme risk protective order stating that the subject of the extreme risk protective petition (respondent) presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. The bill requires the petition to contain an affidavit stating the specific facts that give rise to the reasons the respondent presents a significant danger to the respondent’s self or others; the location, type, and number of firearms the plaintiff believes are possessed by the respondent; whether the respondent is subject to a current protective order or no-contact order; and whether any legal proceedings are pending between the plaintiff and respondent. In lieu of personal service of an extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer in this state to serve the respondent with a short-form notification to effectuate service of an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties. The bill requires the department of justice to prescribe standard forms to be used by a plaintiff proceeding pro se when filing an extreme risk protective order petition. The bill permits a county attorney’s office to provide assistance to a plaintiff wishing to initiate the filing of an extreme risk protective order petition or to a plaintiff at any stage of a proceeding under the bill, if the plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The bill permits the plaintiff to use an alternate mailing address for the purposes of filing a petition for an extreme risk protective order including the mailing address of a shelter or other agency, a public or private post office box, or any other mailing address with permission of the resident of that address. The bill requires that hearing on the petition for an extreme risk protective order shall occur not less than five but no more than days after commencing the proceeding and after notice to the respondent. The bill provides that upon hearing on the petition, if the court finds by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, the court shall issue an extreme risk protective order for a period of one year. In determining whether grounds for an extreme risk protective order exist, the court may consider any relevant evidence including but not limited to the following: a recent act or threat of violence by the respondent against the respondent’s self or others; a pattern of acts or threats of violence against the respondent’s self or others by the respondent within the preceding twelve months of the filing of the petition; any serious mental impairment of the respondent; any previous violations of no-contact orders or protective orders by the respondent; a previous issuance of an extreme risk protective order issued against the respondent; a previous domestic abuse assault conviction; the possession of a firearm or the reckless use, display, or brandishing of a firearm by the respondent; any history of use of physical force by the respondent against another person; any prior criminal history of the respondent; and evidence of abuse of a controlled substance or alcohol by the respondent. The bill allows a plaintiff to request an emergency extreme risk protective order, without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. If the court finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms, the court shall issue an emergency extreme risk protective order. The court shall hold an emergency extreme risk protective order hearing in person or by telephone on the day the petition is filed. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, the bill provides that a petition for an extreme risk protective order may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief, if the district judge or district associate judge finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. The emergency extreme risk protective order shall be in effect until the issuance of an extreme risk protective order after a hearing on the petition for an extreme risk protective order or the court determines at the hearing on the petition that the plaintiff has not proven by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. In lieu of personal service of an emergency extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer to serve the respondent with a short-form notification to effectuate the service on an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by the sheriff, peace officer, or corrections officer. Under the bill, the respondent may submit a request for a hearing to terminate an extreme risk protective order during each 12-month period that the order is in effect, beginning from the date of the order and continuing through any extensions. The bill provides that the respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not present a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. An extreme risk protective order may be extended under the bill. A family member may by motion request an extension of an extreme risk protective order within days of the expiration of the order. The bill provides that if the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protective order continue to be met, the court shall extend the order. Upon the issuance of an extreme risk protective order or an emergency extreme risk protective order, the bill provides that the court shall order the respondent to immediately surrender to the law enforcement agency named in the protective order all firearms possessed by the respondent and any permit to carry weapons or permit to acquire possessed by the respondent within hours of being served with the order or within hours of the end of the hearing on the petition at which the respondent was present and an order was subsequently issued. The bill requires that at the time of surrendering any firearms, a peace officer taking possession of any firearms shall issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. Upon a sworn statement or testimony of the petitioner or of any peace officer alleging that the respondent has failed to comply with the surrender of firearms and permits as required by any order, the bill requires the court to determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or permits in the possession of the respondent. If probable cause exists, the bill requires the court to issue a search warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered in the search. If a person other than the respondent claims to own any of the firearms seized or surrendered pursuant to the bill and the law enforcement agency where the firearms are stored determines the person to be the lawful owner of the firearms, the firearms shall be returned to the lawful owner if the lawful owner agrees to store the firearms in such a manner that prevents the respondent from having access to the firearms during the time an extreme risk protective order or emergency extreme risk protective order is in effect. Under the bill, the lawful owner commits a serious misdemeanor if the respondent is later found to have access to the firearms while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent. Upon the issuance of an extreme risk protective order, the bill requires the court to order a new hearing within three business days of the issuance of the extreme risk protective order that requires the respondent to provide evidence to the court that the respondent has surrendered any firearms in the possession of the respondent. The court may dismiss the hearing upon a satisfactory showing that the respondent has complied with the extreme risk protective order. All law enforcement agencies must develop policies and procedures by June 1, 2027, regarding the acceptance, storage, and return of firearms surrendered to a law enforcement agency under the bill. Under the bill, if an extreme risk protective order is terminated or expires without an extension, the law enforcement agency holding any firearms surrendered by the respondent shall return any firearms to the respondent upon request of the respondent, provided the respondent is eligible to possess a firearm.8. The bill provides that a respondent shall not be eligible to obtain a permit to carry weapons or a permit to acquire pistols or revolvers while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent. The bill provides that a plaintiff who files a petition for an extreme risk protective order knowing the information in the petition to be materially false commits a serious misdemeanor. The bill provides that a respondent who possesses a firearm or who ships, transports, or receives, or attempts to ship, transport, or receive, such a firearm while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent commits an aggravated misdemeanor. A respondent who violates this provision shall be prohibited from possessing, shipping, transporting, or receiving a firearm for a period of five years from the date of the conviction. If during the five-year prohibition period the respondent knowingly has under the respondent’s dominion and control or possession or ships, transports, or receives, or causes to be shipped, transported, or received, a firearm, the respondent commits a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. DIVISION VI —— MENTAL HEALTH FUNDING. The bill establishes a mental health firearm safety fund (fund) under the control of the department of health and human services (HHS) to be funded with moneys appropriated by the general assembly and any other moneys available to and obtained or accepted by HHS for placement in the fund. The bill allows HHS to use moneys in the fund to award grants to organizations for the purposes of training staff at a firearms retailer or a firearm range on how to recognize signs that a person may be considering suicide; providing suicide prevention materials for distribution at a firearms retailer or a firearm range; or providing voluntary, temporary firearm storage for the lawful owner of a firearm who is or may be experiencing a mental health emergency. The bill limits annual awards from the fund to $5,000 per recipient organization per fiscal year. The bill requires HHS, when awarding grants from the fund, to give preference to organizations or coalitions of organizations that have not previously received a grant from the fund. §5304, including any subdivision, subsidiary, or business enterprise wholly owned by such an Indian tribe. DIVISION VII —— FIREARM SALES ON COMMERCIAL PREMISES. The bill prohibits the transfer of firearms unless the transfer is done by a licensed firearms dealer on a commercial premises regularly selling or offering for sale firearms on a wholesale or retail basis, and makes conforming changes. The bill defines “commercial premises” as a permanent installation, structure, or premises associated with a place of business where goods, wares, services, or merchandise are stored or offered for sale on a wholesale or retail basis and is regularly opened to the public. A person in violation of the transfer prohibition is guilty of a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245. DIVISION VIII —— HATE CRIMES —— POLITICAL AFFILIATION. The bill provides that an enumerated public offense committed against a person or person’s property because of the person’s political affiliation is classified and punished as an offense one degree higher than the underlying offense.