HB 2035 / SB 2763

This bill provides that except as otherwise provided by state law, the general assembly preempts the entire field of legislation regarding extreme risk protection orders to the exclusion of all county, city, town, municipality, or metropolitan government law, ordinances, resolutions, enactments, or regulation. A political subdivision of this state is prohibited from accepting a grant or other source of funding for the purpose of implementing an ordinance, rule, executive order, judicial order, or judicial finding that would have the effect of enforcing an extreme risk protection order against a resident of this state.

Additionally, this bill provides that a federal statute, rule, or executive order or a federal judicial order that has the effect of enforcing an extreme risk protection order or ex parte extreme risk protection order against a resident of this state is null, void, unenforceable, and of no effect in this state. “Extreme risk protection order” is defined in this bill as:

(1) An executive order or a written order or warrant issued by a judge, magistrate, or other judicial officer, with the primary purpose of reducing the risk of firearm-related death or injury by (i) prohibiting a named individual from having under the individual’s custody or control, owning, possessing, or receiving a firearm; or (ii) removing a firearm from or requiring the surrender of a firearm by a named individual; and

(2) Does not include an order of protection issued pursuant to present law.

This bill provides that an individual, including a law enforcement officer, who attempts to enforce a federally implemented extreme risk protection order against a resident of this state commits a Class A misdemeanor. A Class A misdemeanor is punishable by a term of imprisonment not more than 11 months, 29 days, a maximum fine of $2,500, or both, unless otherwise provided by law.