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AZ HB2851
Bill
Status
2/12/2025
Primary Sponsor
Anastasia Travers
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AI Summary
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Creates two types of education protection orders in Arizona: ex parte emergency education protection orders (Section 12-1811) and education protection orders following a hearing (Section 12-1812).
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Authorizes judges, justices of the peace, magistrates, or commissioners to issue ex parte emergency orders by telephone during closed court hours if evidence shows a defendant's firearm possession poses an immediate and present danger to people at educational institutions; these orders expire 14 days after service.
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Requires a full hearing within 14 days of a petition filing for education protection orders, which expire one year after service; courts must find by preponderance of evidence or clear and convincing evidence that firearm possession poses a credible threat before issuing.
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Permits courts to prohibit firearm possession, order transfer of firearms to law enforcement, and issue search warrants to seize firearms; firearm owners other than the defendant may recover weapons by affidavit affirming safe storage and non-disqualification.
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Allows petitioners including peace officers, family members, household members, healthcare providers, educational institution employees, and students to file petitions; gives juvenile courts exclusive jurisdiction over defendants under 18 years of age.
Legislative Description
Education protection orders; definitions
Definitions
Last Action
House read second time
2/13/2025