HB 5448 Summary

• Establishes risk protection orders that judges may issue prohibiting persons from acquiring or possessing firearms or ammunition if there is probable cause they pose a risk of imminent personal injury to themselves or others.

• Expands who can file complaints for risk protection orders to include a single police officer, family or household members, or medical professionals (physicians, physician assistants, advanced practice registered nurses, or psychologists), not just state's attorneys.

• Authorizes judges to issue search warrants to seize firearms and ammunition when probable cause exists that a person subject to a risk protection order possesses firearms.

• Requires courts to hold hearings within 14 days of order issuance, with the state bearing the burden of proving by clear and convincing evidence that the person poses imminent risk; persons may petition for firearm return after 180 days by proving they no longer pose immediate risk.

• Makes it a Class C felony to possess a firearm or ammunition while subject to a risk protection order, with minimum penalties of two years imprisonment and $5,000 in fines; effective October 1, 2020.