Summary:

 House Bill 12 (HB 12) amends the Extreme Risk Firearm Protection Order Act to allow a law enforcement officer to file a petition based on information collected while carrying out the officer’s official duties, and requires a respondent to relinquish firearms immediately upon service of an extreme risk protection order.  

Legislation Overview:

 House Bill 12 (HB 12) amends two sections of the Extreme Risk Protection Order Act. 

First, the bill amends Section 40-17-5 by allowing a law enforcement officer to file a petition for an extreme risk firearms protection order (Protection Order) based on credible information that the officer collected while carrying out official duties. The bill details the information necessary on a petition that is filed pursuant to this method, including the circumstances under which the law enforcement officer collected the information and why the officer believes the respondent poses a significant danger of causing imminent personal injury to self or others by having control of or by purchasing, possessing or receiving a firearm. 

Second, the bill amends Section 40-17-10 by changing the timeframe for when a respondent must relinquish their firearms after receiving a Protection Order.  The bill requires a respondent to immediately relinquish their firearms upon service of the Protection Order or as directed by the court.  

Current Law:

 Current law allows both a private individual and a law enforcement officer to file a petition for a Protection Order. However, when a law enforcement official files a petition, it must be based on credible information from a reporting party, not information the officer collected while carrying out official duties.   

Currently, a respondent has 48 hours from service of a Protection Order (or sooner at the discretion of the court) to relinquish firearms.