HB 674

Abstract

Firearms; removal from persons posing substantial risk; penalties. Creates a procedure by which any attorney for the Commonwealth or law-enforcement officer may apply to a general district court, circuit court, or juvenile and domestic relations district court judge or magistrate for an emergency substantial risk order to prohibit a person who poses a substantial risk of injury to himself or others from purchasing, possessing, or transporting a firearm. Upon service of an emergency substantial risk order, the person who is subject to the order shall be given the opportunity to voluntarily relinquish any firearm. An emergency substantial risk order shall expire on the fourteenth day following issuance of the order. The bill requires a court hearing in the circuit court for the jurisdiction where the order was issued within 14 days from issuance of an emergency substantial risk order to determine whether a substantial risk order should be issued. Seized firearms shall be retained by a law-enforcement agency for the duration of an emergency substantial risk order or a substantial risk order or, for a substantial risk order and with court approval, may be transferred to a third party 21 years of age or older chosen by the person from whom they were seized. The bill allows the complainant of the original warrant to file a motion for a hearing to extend the substantial risk order prior to its expiration. The court may extend the substantial risk order for a period not longer than 180 days. The bill provides that persons who are subject to a substantial risk order, until such order has been dissolved by a court, are guilty of a Class 1 misdemeanor for purchasing, possessing, or transporting a firearm; are disqualified from having a concealed handgun permit; and may not be employed by a licensed firearms dealer. The bill also provides that a person who transfers a firearm to a person he knows has been served with a warrant or who is the subject of a substantial risk order is guilty of a Class 4 felony. The bill creates a computerized substantial risk order registry for the entry of orders issued pursuant to provisions in the bill. This bill is identical to SB 240.

Firearms; removal from persons posing substantial risk;penalties. Creates a procedure by which any attorney for the Commonwealthor any law-enforcement officer may apply to a general district court, circuit court,or juvenile and domestic relations district court judge or magistrate for anemergency substantial risk order to prohibit a person who poses a substantialrisk of injury to himself or others from purchasing, possessing, ortransporting a firearm. If an emergency substantial risk order is issued, ajudge or magistrate may issue a search warrant to remove firearms from suchperson. An emergency substantial risk order shall expire on the fourteenth dayfollowing issuance of the order. The bill requires a court hearing in thecircuit court for the jurisdiction where the order was issued within 14 daysfrom issuance of an emergency substantial risk order to determine whether asubstantial risk order should be issued. Seized firearms shall be retained by alaw-enforcement agency for the duration of an emergency substantial risk orderor a substantial risk order or, for a substantial risk order and with courtapproval, may be transferred to a third party 21 years of age or older chosenby the person from whom they were seized. The bill allows the complainant ofthe original warrant to file a motion for a hearing to extend the substantialrisk order prior to its expiration. The court may extend the order for a periodnot longer than 180 days. The bill provides that persons who are subject to asubstantial risk order, until such order has been dissolved by a court, areguilty of a Class 1 misdemeanor for purchasing, possessing, or transporting afirearm; are disqualified from having a concealed handgun permit; and may notbe employed by a licensed firearms dealer. The bill also provides that a personwho transfers a firearm to a person he knows has been served with a warrant orwho is the subject of an order is guilty of a Class 4 felony. The bill createsa computerized substantial risk order registry for the entry of orders issuedpursuant to provisions in the bill.