Staff Analysis of the Legislation
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This bill enacts the Extreme Risk Protective Order Act; defines terms; enables a family member or law enforcement to ask a court to restrain a person from possessing any firearms or ammunition for a specified length of time; requires the courts to develop and adopt uniform forms for all courts; requires that the court consider whether the respondent: has made recent threats or acted violently; violated a recent protective order; has demonstrated a pattern of violent acts or threats within the past 12 months; is dangerous; or has attempted or threatened self harm; allows a court to issue a search warrant if a respondent refuses to surrender firearms and ammunition upon service of an order; requires the courts to enter the respondent's information into the national crime information center system upon issuance, and to remove the information upon expiration; allows the respondent to surrender firearms and ammunition to a law enforcement agency or a federal firearms licensee; provides for disposal if the firearms and ammunition are not reclaimed upon expiration; requires the director of POST to create and implement training and materials; and requires the courts to create and distribute an annual report on extreme risk protective orders. |
