HB 2140 Summary

• Creates a new "mental health injunction against firearm possession" allowing immediate family members or peace officers to petition courts to prohibit a person from possessing, controlling, owning or receiving firearms.

• Court may issue injunction without a hearing if it finds reasonable evidence the defendant poses significant danger of personal injury to themselves or others through firearm possession, or that less restrictive alternatives are inadequate.

• Injunction lasts one year from service, requires defendant to surrender all firearms to the sheriff, and includes petitioner protections such as address confidentiality and waived filing fees.

• Defendant is entitled to one free hearing during the injunction period to request modification, quashing, or termination of the order.

• Violation of the injunction is a criminal offense enforceable through arrest without warrant if a peace officer has probable cause, with peace officers protected from civil or criminal liability for arrests made in good faith.