Summary of Bill:
Additional restrictions on the ability to possess a firearm, dangerous weapon, or concealed pistol
license are placed on persons subject to certain listed protection, no-contact, and restraining
orders. The restrictions only apply when the order was issued after notice and an opportunity of
the person to participate. Additionally, the order must either include a finding that the restrained
person is a credible threat to the physical safety of an intimate partner or an intimate partner's
child, or, by its terms, restrain the person from committing certain criminal acts against an
intimate partner or the child of an intimate partner.
An intimate partner includes a current or
former spouse or domestic partner, a person with whom the restrained person has a child in
common, or is a person with whom the restrained person has cohabitated or is cohabitating.
Possessing a firearm while subject to a qualifying protection, no-contact, or restraining order
constitutes unlawful possession of a firearm in the second degree.
When entering a qualifying protection, no-contact, or restraining order the court must:
- require the respondent to surrender any firearm or other dangerous weapon;
- prohibit the respondent from obtaining or possessing a firearm or other dangerous weapon;
- require the party to surrender their concealed pistol license; and
- prohibit the party from obtaining or possessing a concealed pistol license.
Sexual assault protection orders are included in the provisions of current law that require
firearms, dangerous weapons, and concealed pistol licenses to be surrendered by restrained
All law enforcement agencies must develop policies and procedures regarding acceptance,
seizure, storage, and return of weapons required to be surrendered.