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HF391 (Legislative Session 94 (2025-2026))

Enforcement of judicially ordered firearms restrictions provided for abusing parties.

Related bill: SF784

AI Generated Summary

This legislative bill is designed to enhance public safety by enforcing restrictions on firearm possession for individuals who have been judicially determined to pose a risk due to their involvement in abuse cases. It involves several amendments to existing statutes to implement these changes effectively.

Key points of the bill include:

  1. Court Orders on Domestic Abuse Cases: Courts can issue orders that prevent abusing parties from committing further acts of domestic child or partner abuse. Orders can include the exclusion of the abusing party from the family dwelling, temporary custody arrangements for children, and mandatory counseling or treatment for abusers.

  2. Firearm Possession Restrictions: When an order for protection is issued due to abuse, the abusing party is prohibited from possessing firearms for the duration of the order. If a court determines that the individual poses a credible threat to physical safety, additional measures require the surrender or transfer of all firearms owned by the abusing party.

  3. Transfer of Firearms: The abusing party must transfer any firearms they possess within a specified timeframe (three business days) to a law enforcement agency, a federally licensed firearms dealer, or a third-party who can legally receive them. The transfer can be either temporary or permanent depending on the court's decision.

  4. Compliance and Penalties: The party transferring firearms must provide proof of the transfer to the court. Law enforcement agencies can take immediate possession of firearms if there's an imminent risk of harm. Failure to comply with these orders can result in criminal charges or other legal consequences.

  5. Duration of Prohibitions and Compliance Reviews: The prohibitions on firearm possession can be set for specific durations, and courts are required to hold compliance hearings shortly after issuing an order to ensure that firearm transfers and other ordered measures are properly executed.

Overall, the bill focuses on tightening the legal requirements for abusive parties to ensure they do not have access to firearms while under restraining orders, thus aiming to protect victims of domestic violence more effectively.

Bill text versions

Actions

DateChamberWhereTypeNameCommittee Name
February 12, 2025HouseFloorActionIntroduction and first reading, referred toJudiciary Finance and Civil Law

Citations

 
[
  {
    "analysis": {
      "added": [
        "New provisions related to the exclusion of the abusing party from the dwelling and transfer of firearms."
      ],
      "removed": [],
      "summary": "The bill modifies certain enforcement and relief provisions related to domestic child abuse under section 260C.201.",
      "modified": [
        "Clarification on court's authority to order counseling and treatment."
      ]
    },
    "citation": "260C.201"
  },
  {
    "analysis": {
      "added": [
        "Includes measures for firearm restrictions and compliance hearings."
      ],
      "removed": [],
      "summary": "The bill adjusts relief measures available for victims of domestic abuse under section 518B.01.",
      "modified": [
        "Extends potential relief duration and modifies requirements for firearm transfer."
      ]
    },
    "citation": "518B.01"
  },
  {
    "analysis": {
      "added": [
        "Requirements for firearm transfer and related compliance."
      ],
      "removed": [],
      "summary": "Amends conditions and penalties related to domestic assaults under section 609.2242.",
      "modified": [
        "Details on firearm possession restrictions after assault convictions."
      ]
    },
    "citation": "609.2242"
  },
  {
    "analysis": {
      "added": [
        "Procedures for firearm forfeiture and restrictions for convicted individuals."
      ],
      "removed": [],
      "summary": "Alters rules concerning harassment and stalking offenses relating to firearm possession.",
      "modified": [
        "Clarifies terms for firearm bans post-conviction."
      ]
    },
    "citation": "609.749"
  }
]

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