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AZ HB2161
Bill
Status
4/30/2019
Primary Sponsor
Daniel Hernandez
Click for details
AI Summary
HB 2161 Summary
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Establishes "Severe Threat Orders of Protection" allowing law enforcement, family/household members, school administrators, teachers, and licensed behavioral health professionals to petition courts to temporarily prohibit individuals from owning or possessing firearms and ammunition.
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Creates two types of orders: ex parte orders (issued immediately without respondent present, lasting until scheduled hearing) and one-year orders (issued after hearing with preponderance of evidence standard).
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Requires courts to consider evidence such as unlawful firearm use, acts or threats of violence, substance abuse, recent firearm acquisition, animal cruelty, and history of physical force or stalking when determining if someone poses significant danger.
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Mandates respondents subject to orders relinquish all firearms and ammunition to local law enforcement within 24 hours, with law enforcement able to charge reasonable storage fees; allows return of firearms after order expires if respondent is legally eligible to own them.
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Requires courts to report all orders issued, renewed, dissolved or terminated to the Arizona Department of Public Safety within one court day for inclusion in the National Instant Criminal Background Check System.
Legislative Description
Order of protection; firearm possession.
Firearms
Last Action
Assigned to House RULES Committee
4/30/2019