SB 479

Abstract

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that any person who willfully fails to certify in writing in accordance with this section that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms is guilty of a Class 1 misdemeanor. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates SB 372 and is identical to HB 1004.

Protective orders; possession of firearms; surrender or transfer of firearms; penalty. Prohibits any person subject to a permanent protective order (i.e., a protective order with a maximum duration of two years) from knowingly possessing a firearm while the order is in effect, provided that for a period of 24 hours after being served with a protective order such person may continue to possess such firearm for the purposes of selling or transferring it to any person who is not otherwise prohibited by law from possessing such firearm. A violation of this provision is a Class 6 felony. The bill also provides that a court shall order a person subject to a permanent protective order to (i) within 24 hours, surrender any firearm possessed by such person to a designated local law-enforcement agency or sell or transfer any firearm possessed by such person to a dealer or to any person who is not otherwise prohibited by law from possessing such firearm and (ii) certify in writing that such person does not possess any firearms or that all firearms possessed by such person have been surrendered, sold, or transferred and file such certification with the clerk of the court that entered the protective order within 48 hours after being served with a protective order. The bill provides that the willful failure of any person to certify in writing that all firearms possessed by such person have been surrendered, sold, or transferred or that such person does not possess any firearms shall constitute contempt of court. The bill provides procedures for designating a local law-enforcement agency to receive and store firearms, as well as a process to return such surrendered firearms. The bill also makes it a Class 4 felony for any person to sell, barter, give, or furnish any firearm to any person he knows is prohibited from possessing or transporting a firearm who is subject to a permanent protective order. This bill incorporates SB 372 and is identical to HB 1004.

Protective orders; possession of firearms; surrender ortransfer of firearms; penalty. Prohibits any person subject to a permanentprotective order (i.e., a protective order with a maximum duration of two years)from knowingly possessing a firearm while the order is in effect, provided thatfor a period of 24 hours after being served with a protective order such personmay continue to possess such firearm for the purposes of selling ortransferring it to any person who is not otherwise prohibited by law frompossessing such firearm. A violation of this provision is a Class 6 felony. Thebill also provides that a court shall order a person subject to a permanentprotective order to (i) within 24 hours, surrender any firearm possessed bysuch person to a designated local law-enforcement agency or sell or transferany firearm possessed by such person to a dealer or to any person who is nototherwise prohibited by law from possessing such firearm and (ii) certify inwriting that such person does not possess any firearms or that all firearmspossessed by such person have been surrendered, sold, or transferred and filesuch certification with the clerk of the court that entered the protectiveorder within 48 hours after being served with a protective order. The billprovides that any person who fails to certify in writing in accordance withthis section that all firearms possessed by such person have been surrendered,sold, or transferred or that such person does not possess any firearms isguilty of a Class 1 misdemeanor. The bill provides procedures for designating alocal law-enforcement agency to receive and store firearms, as well as aprocess to return such surrendered firearms. The bill also makes it a Class 4 felonyfor any person to sell, barter, give, or furnish any firearm to any person heknows is prohibited from possessing or transporting a firearm who is thesubject to a permanent protective order.