HB49 Summary: Red Flag Protective Order Act

• Establishes the Red Flag Protective Order Act authorizing courts to issue ex parte red flag protective orders (temporary) and one-year red flag protective orders against individuals posing immediate and present danger of causing personal injury to themselves or others through firearm or ammunition ownership or possession.

• Allows law enforcement officers, teachers, and family members to petition courts for red flag protective orders; requires courts to hold hearings within 14 calendar days and consider evidence such as acts or threats of violence, substance abuse, violations of protective orders, and recent firearm acquisitions.

• Upon issuance of either order type, courts must order respondents to surrender all firearms and ammunition to local law enforcement; law enforcement may conduct lawful searches and must issue receipts; agencies may charge reasonable storage fees.

• Permits respondents to request one hearing to terminate a one-year order at any time, with burden of proof that they no longer pose substantial danger; allows petitioners to seek renewal within three months before expiration.

• Creates Class C misdemeanor penalties for filing false petitions to harass respondents and for possessing firearms or ammunition while subject to a red flag protective order; violators are prohibited from firearm ownership for five years from conviction date; effective October 1, 2024.