House Bill 193 (HB 193) allows certain law enforcement officers to constitute a reporting party pursuant to the Extreme Risk Firearm Protection Order Act, requires law enforcement to take possession of relinquished firearms under certain circumstances, changes reporting requirements, and prohibits the use in criminal proceedings of certain evidence establishing ownership of possession of firearm.
House Bill 193 (HB 193) makes the following changes to the Extreme Risk Firearm Protection Order Act:
• Removes “district attorney’s office and the office of the Attorney General” from the definitions of “law enforcement agency” and “law enforcement officer.”
• Amends the definition of a “reporting party” to include a law enforcement officer who personally has probable cause to believe that a respondent poses a significant danger of causing imminent personal injury to self or others by having control of a firearm.
• Provides that a law enforcement officer or agency must take possession of all firearms subject to the Extreme Risk Firearm Protection Order (Order) that are given up by the respondent or are in plain sight or discovered pursuant to a lawful search.
• Removes the clerk of the court from having to provide a copy of the Order to law enforcement, who must send this information to the national background check system and other databases.
• Instead, the bill requires the Administrative Office of the Courts (AOC) or “other authorized entity” to obtain, within one day, any court order which issues, extends, dissolves or terminates a one-year Order. Then, the AOC or other entity must send the information relating to the respondent’s eligibility to have a firearm to the FBI’s National Instant Criminal Background Check System.
• Provides that the clerk of the court must forward any Order issued, extended, dissolved or terminated to the FBI’s background check system.
• Removes the requirement that when an Order expires or terminates, a law enforcement officer must remove the Order from state databases and notify national databases.
• Removes the requirement that a law enforcement officer provide a sworn affidavit to the respondent affirming that the information in the Order has been removed from state databases and that national databases have been notified.
• Adds a new section of the Act that provides that evidence establishing ownership of a firearm that was presented in a hearing pursuant to the Act is inadmissible in any criminal proceeding.
• Adds a new section of the Act that prohibits a person subject to an Order from purchasing, trading, or otherwise obtaining a firearm until the expiration of the Order.