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IN HB1290
Bill
Status
1/10/2019
Primary Sponsor
Carey Hamilton
Click for details
AI Summary
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Persons convicted of domestic battery or domestic violence who knowingly possess a firearm commit a Class A misdemeanor; courts must issue orders upon conviction prohibiting firearm ownership and requiring surrender of all firearms and handgun licenses
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Law enforcement must confiscate all firearms and licenses from convicted domestic batterers within 72 hours of receiving the court order
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Failure to surrender firearms or licenses after a domestic violence conviction constitutes unlawful retention, a Class A misdemeanor that increases to a Level 6 felony for repeat offenders
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Convicted individuals may petition for restoration of firearm rights after 5 years, with courts considering factors such as protective orders, completion of substance abuse or parenting programs, and ongoing threat to victims
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Upon restoration of rights, confiscated firearms must be returned to rightful owners or disposed of, and valid licenses must be returned within 72 hours
Legislative Description
Surrender of firearms and ammunition. Provides that a person who: (1) has been convicted of a crime of domestic violence; and (2) knowingly or intentionally possesses a firearm; commits possession of a firearm by a domestic batterer, a Class A misdemeanor. Provides certain defenses. Requires a court to issue an order, upon entry of a judgment of conviction for a crime of domestic battery or a crime of domestic violence, that: (1) prohibits ownership or possession of a firearm until the defendant's right to possess a firearm is restored; and (2) requires the defendant to surrender: (A) any firearm owned or possessed by the defendant; and (B) any valid license or permit to carry a handgun (license); to a law enforcement agency or law enforcement officer with jurisdiction over the area where the defendant's offense occurred, where the defendant resides, or where the defendant plans to reside. Requires a court to order an appropriate law enforcement agency or law enforcement officer to seize, within 72 hours, any firearm or license owned or possessed by a defendant convicted of domestic battery or a crime of domestic violence. Provides that a person who knowingly or intentionally fails to surrender: (1) all firearms owned or possessed by the person; or (2) any valid license or permit to carry a handgun possessed by the person; after being convicted of domestic battery or a crime of domestic violence commits unlawful retention of a firearm or license by a domestic batterer, a Class A misdemeanor. Enhances the offense to a Level 6 felony if the person has a prior unrelated conviction for the offense. Provides certain defenses. Specifies how a confiscated firearm or license shall be: (1) returned to the rightful owner; or (2) disposed of; if a defendant's right to possess a firearm is restored. Defines certain terms. Makes conforming amendments.
Last Action
Representative Errington added as coauthor
1/10/2019