HB1446/SB1178 – “Red Flag” bill; allows for firearm confiscation on liberal allegations of instability – DeBerry/Dickerson
Under this bill, a person commits a Class A misdemeanor who purchases or possesses a firearm, firearm ammunition, or firearm accessory while subject to an extreme risk protection order.
This bill authorizes an eligible petitioner to file a petition for an extreme risk protection order in any court with jurisdiction over domestic relations matters or in general sessions court. The petition must be filed in the county where the respondent resides.
This bill defines "eligible petitioner" as a:
(1) Law enforcement officer;
(2) Person who is the current or former spouse of the respondent;
(3) Person who lives or lived with the respondent;
(4) Person who is dating, has dated, or is or has been engaged in a sexual relationship with the respondent. "Dating" and "dated" do not include fraternization between two individuals in a business or social context;
(5) Person related to the respondent by blood or adoption; or
(6) Person who is or was related to the respondent by marriage; and
Under this bill, a petition for an extreme risk protection order must contain:
(1) Allegations that the respondent poses a significant risk of causing personal injury to the respondent or others by possessing a firearm;
(2) A sworn affidavit detailing specific statements, actions, and facts that give rise to a reasonable fear that the respondent will commit future dangerous acts if the extreme risk protection order is not granted;
(3) The quantity, types, and locations, if known, of any firearms and ammunition the respondent possesses or to which the respondent has access; and
(4) Whether the respondent is currently subject to an order of protection or a similar order of protection from another jurisdiction.
Oppose: While we understand the risk and fear inherent in domestic violence cases, we see the potential for abuse of this bill.
Better laws can be created to protect victims of domestic abuse without creating a legal means for seizing firearms from individuals who may be victims of a vindictive partner or neighbor.
TLRC Observed Process
This bill was not voted upon in either chamber.