HB 1786 creates a unified standard for firearm removal when an order of protection is granted. The bill passed the House 25 – 20 and is now waiting for the Governor’s signature.
HB 1786 makes the following changes to current law:
- When a protective order requires surrender of firearms, dangerous weapons, and any concealed pistol license (CPL), the surrender must occur immediately.
- Law enforcement must serve any protective order requiring surrender of firearms, CPL, or dangerous weapons.
- The officer accepting surrender must issue a receipt for all surrendered firearms, weapons, and CPLs and e-file the receipt with the court within 24 hours.
- Law enforcement must return surrendered items, if conditions are met, if a person other than the respondent claims title and that person is determined by the law enforcement agency to be the lawful owner.
- All law enforcement agencies must have policies and procedures to provide for the acceptance, storage, and return of surrendered items.
- Failure to comply with an order prohibiting firearm possession or requiring firearm surrender is added to the crimes chargeable as second-degree unlawful possession of a firearm for qualifying orders.
- Removes the language of limiting protection orders to intimate partners or the child of an intimate partner.