Courts could order firearm surrender when police show immediate danger

A court shall bar a respondent from knowingly possessing or buying firearms while a full domestic violence protection order is in effect. This applies to respondents under full protection orders issued after a hearing in domestic violence cases. The firearm ban applies while the full protection order is in effect.

A court may issue an immediate order requiring a respondent to surrender firearms, then shall issue a one-year order if the required proof is shown. A law enforcement officer or agency may seek an order against a person who poses a significant danger to themselves or others by possessing a firearm. A law enforcement officer or agency must file a verified petition and show good cause for an immediate order. Immediate danger of injury to the respondent or others qualifies. At a hearing, the officer or agency must prove by clear and convincing evidence that the respondent poses a significant danger to themselves or others. If the respondent does not surrender firearms, officers may search where probable cause exists and seize firearms under the stated rules. The court must hold a hearing within 15 days after the petition is filed, unless it grants a continuance for good cause. Firearms surrendered under an immediate order may be held for up to 120 days unless a full order is issued.

A person who knowingly possesses a firearm while subject to a qualifying protection order, or after a listed domestic violence misdemeanor conviction, commits unlawful firearm possession. This applies to people with a listed domestic violence misdemeanor conviction or a qualifying protection order. The protection order must follow a hearing where the person had actual notice and an opportunity to participate. The listed misdemeanor category includes fourth-degree domestic assault, second-degree stalking, and certain other misdemeanors involving physical force or threatened use of a deadly weapon by a family or household member. The antique firearm exception applies to the listed domestic violence misdemeanor conviction category.