SB 1347 Summary

• Allows immediate family members or peace officers to file a verified petition with a court for an injunction prohibiting a person from possessing, controlling, owning or receiving firearms based on mental health concerns or dangerousness.

• Petition must include information about the defendant, firearms involved, and specific grounds such as mental illness, recent threats or acts of violence, arrests for violent offenses, or recent firearm acquisition.

• Court may issue an injunction without a hearing if there is reasonable evidence the defendant poses significant danger to themselves or others, and the injunction lasts one year from service on the defendant.

• Defendant must surrender all firearms to the sheriff; if they refuse, law enforcement may obtain a search warrant to recover firearms and provide the defendant with a receipt.

• Sheriff maintains a central repository of injunctions and forwards orders to the Department of Public Safety; violation of the injunction is a criminal offense that can result in arrest without a warrant.