SB 1856 Summary

• Creates new law allowing law enforcement to seize firearms, ammunition, and concealed carry licenses from individuals taken into custody during involuntary mental health or substance abuse treatment if the person poses danger and has made credible threats of violence.

• Requires law enforcement to return seized items within 24 hours after a person is released from treatment, unless a risk protection order or firearm disability applies, with the actual return process not exceeding 7 days.

• Authorizes courts to remove firearm rights from persons determined incapacitated, requiring guardians to file an inventory and place firearms with law enforcement or alternative storage, with disposal permitted after 5 years if rights not restored.

• Expands the definition of "committed to a mental institution" to include substance abuse treatment providers and requires the Department of Law Enforcement to investigate and seize firearms from individuals with firearm disabilities imposed on or after July 1, 2021.

• Requires mental health and substance abuse service providers to comply with firearm reporting provisions by January 1, 2022, with penalties of up to $250,000 in fines and license suspension for non-compliance.