FL H0353

A petition for involuntary examination serves as a petition for a risk protection order if a person has been subject to involuntary examination or involuntary outpatient services twice within the preceding 12 months, with simplified requirements exempting certain standard petition elements.

Law enforcement may seize and hold firearms and ammunition from individuals taken into custody for involuntary examination if they pose potential danger or made credible threats of violence, with mandatory seizure if the person meets the two-incident threshold within 12 months.

Seized firearms and ammunition must be made available for return within 24 hours after the person is released or discharged and is no longer subject to involuntary examination, with the actual return process not to exceed 7 days.

Courts must order hearings for risk protection order petitions within 14 days after the petition date, or within 14 days after conclusion of involuntary examination for petitions initiated through the involuntary examination process.

Persons convicted of a felony while owning or possessing a firearm, ammunition, or electronic weapon are subject to a second-degree felony charge with a mandatory minimum 5-year imprisonment term, or a first-degree felony with 5-year mandatory minimum if the person qualifies for gang-related penalty enhancements.

Effective date: October 1, 2020.