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Bill Detail: HB20-1278

 

Title Protection Orders Issued Against Domestic Abusers
Status House Committee on Judiciary Witness Testimony and/or Committee Discussion Only (02/25/2020)
Bill Subjects
  • Courts & Judicial
  • Crimes, Corrections, & Enforcement
House Sponsors M. Duran (D)
J. Singer (D)
Senate Sponsors R. Fields (D)
House Committee Judiciary
Senate Committee
Date Introduced 02/03/2020
Description

Upon the issuance of a protection order, the court shall:
  • Require the person to state in court or complete an affidavit
in court stating the number of firearms in the person's
immediate possession or control and the location of all
firearms in the person's immediate possession or control;
  • Require the person to complete a firearm information form

that states the number of firearms in the person's immediate
possession or control or subject to the person's immediate
possession or control, the type of each firearm, and the
location of each firearm; and
  • Transmit a copy of the protection order and the firearm
information form to the sheriff of the county of the person's
residence.
The bill prohibits any full and truthful statements made to the court
regarding the number of firearms in the person's immediate possession or
control or subject to the person's immediate possession or control and the
location of the firearms from being used against the person in any other
civil or criminal proceedings.
The bill excludes legal holidays and weekends from the current
time frame a person has to relinquish a firearm. The bill allows a court to
grant a person an additional 24 hours to relinquish a firearm if the person
is unable to comply with the required time frame of relinquishment.
Current law requires a person to either sell or transfer possession
of the firearm, arrange for the storage of the firearm by a law enforcement
agency, or sell or transfer the firearm to a private party who may legally
possess the firearm. The bill requires a private party to complete a
firearms acknowledgment form that informs the private party of the
relevant state and federal laws, lists the consequences of noncompliance,
and asks if the private party is able to legally possess a firearm. The bill
prohibits the person from transferring the firearm to a private party living
in the same residence as the person at the time of transfer.
The bill requires the court to conduct a hearing to ensure the
person has complied with the relinquishment requirements. Failure to
appear at the hearing constitutes a violation of the protection order, and
the court may issue a warrant for the person's arrest or a search warrant
of the person's residence.
The bill requires a person who does not possess a firearm at the
time the order is issued to complete a declaration of nonpossession form
in court. If the person possessed a firearm at the time of the qualifying
incident giving rise to the duty to relinquish the firearm but sold or
transferred the firearm to a private party prior to the issuance of the
protection order, the person shall disclose the sale or transfer in court.
The bill requires a federally licensed firearms dealer, law
enforcement agency, or private party to issue a signed affidavit
memorializing the sale or transfer of the firearm.
The bill allows a law enforcement agency to enter into an
agreement with any other law enforcement agency to assume the duties
of the sheriff. If a law enforcement agency elects to store a firearm, the
bill allows the law enforcement agency to seek a matching incentive fee
from the department of public safety on an annual basis in an amount
equal to the total amount charged by the agency for providing storage of
a firearm. The matching fee must be used to maintain or increase firearm
storage capacity. The bill requires a sheriff who elects to store a firearm
to obtain a search warrant prior to testing or examining the firearm to
facilitate any criminal investigation or prosecution.
The bill prohibits a private party from returning a firearm to the
person until the private party receives a written statement of the results of
the background check conducted by the bureau authorizing the return of
the firearm to the person.
Current law requires a copy of the written receipt and the written
statement of the background check to be filed with the court as proof of
relinquishment. The bill requires the signed affidavit to be filed with the
court instead of the receipt. Both the signed affidavit and written
statement are only available for inspection by the court and the parties to
the proceeding.
A federally licensed firearms dealer, law enforcement agency, or
private party that elects to store a firearm is not civilly liable for any
resulting damages to the firearm, as long as such damage did not result
from the willful and wrongful act or gross negligence of the person or
agency storing the firearm.

Committee Reports
with Amendments
None
Full Text
Full Text of Bill (pdf) (most recent)
Fiscal Notes Fiscal Notes (04/03/2020) (most recent)  
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