HB267 Summary

• Creates the Extreme Risk Protection Order Act, allowing law enforcement officers and family members to petition courts for orders prohibiting individuals deemed to pose significant risk of physical injury from possessing firearms, ammunition, or pistol permits.

• Establishes two-tier process: ex parte orders (issued without notice within one business day based on detailed allegations) and final orders (issued after 14-day hearing using clear and convincing evidence standard), both valid for one year and renewable.

• Requires defendants to surrender all firearms, ammunition, and pistol permits to local law enforcement within 24 hours; law enforcement must issue receipts and store items; defendant bears burden of proving by clear and convincing evidence they no longer pose significant risk to vacate orders.

• Mandates Administrative Office of Courts develop standardized petition forms, track and publish annual statistics on orders issued/denied/vacated/extended by county, and transmit information to state and federal law enforcement databases within 48 hours of service.

• Establishes criminal penalties including Class A misdemeanor for false statements or filing petitions to harass (Section 30-10-15) and Class C felony for violating orders by possessing prohibited firearms (Section 13A-11-86); effective October 1, 2021.