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Bill Detail: HB19-1177

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Title Extreme Risk Protection Orders
Status Governor Signed (04/12/2019)
Bill Subjects
  • Courts & Judicial
House Sponsors A. Garnett (D)
T. Sullivan (D)
Senate Sponsors L. Court (D)
B. Pettersen (D)
House Committee Judiciary
Senate Committee State, Veterans and Military Affairs
Date Introduced 02/14/2019
Description

The bill creates the ability for a family or household member or a
law enforcement officer to petition the court for a temporary extreme risk
protection order (ERPO). The petitioner must establish by a
preponderance of the evidence that a person poses a significant risk to
self or others by having a firearm in his or her custody or control or by
possessing, purchasing, or receiving a firearm. The petitioner must submit
an affidavit signed under oath and penalty of perjury that sets forth facts
to support the issuance of a temporary ERPO and a reasonable basis for

believing they exist. The court must hold a temporary ERPO hearing in
person or by telephone on the day the petition is filed or on the court day
immediately following the day the petition is filed.
After issuance of a temporary ERPO, the court must schedule a
second hearing no later than 14 days following the issuance to determine
whether the issuance of a continuing ERPO is warranted. The court shall
appoint counsel to represent the respondent at the hearing. If a family or
household member or a law enforcement officer establishes by clear and
convincing evidence that a person poses a significant risk to self or others
by having a firearm in his or her custody or control or by possessing,
purchasing, or receiving a firearm, the court may issue a continuing
ERPO. The ERPO prohibits the respondent from possessing, controlling,
purchasing, or receiving a firearm for 364 days.
Upon issuance of the ERPO, the respondent shall surrender all of
his or her firearms and his or her concealed carry permit if the respondent
has one. The respondent may surrender his or her firearms either to a law
enforcement agency or a federally licensed firearms dealer. If a person
other than the respondent claims title to any firearms surrendered to law
enforcement, the firearm shall be returned to him or her.
The respondent can motion the court once during the 364-day
ERPO for a hearing to terminate the ERPO. The respondent has the
burden of proof at a termination hearing. The court shall terminate the
ERPO if the respondent establishes by clear and convincing evidence that
he or she no longer poses a significant risk of causing personal injury to
self or others by having in his or her custody or control a firearm or by
purchasing, possessing, or receiving a firearm. The court may continue
the hearing if the court cannot issue an order for termination at that time
but believes there is a strong possibility the court could issue a
termination order prior to the expiration of the ERPO.
The petitioner requesting the original ERPO may request an
extension of the ERPO before it expires. The petitioner must show by
clear and convincing evidence that the respondent continues to pose a
significant risk of causing personal injury to self or others by having a
firearm in his or her custody or control or by purchasing, possessing, or
receiving a firearm. If the ERPO expires or is terminated, all of the
respondent's firearms must be returned.
The bill requires the state court administrator to develop and
prepare standard petitions and ERPO forms. Additionally, the state court
administrator at the judicial department's State Measurement for
Accountable, Responsive, and Transparent (SMART) Government Act
hearing shall provide statistics related to petitions for ERPOs.

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with Amendments
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Fiscal Notes Fiscal Notes (05/22/2019) (most recent)  
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