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MI HB5688

Bill

Status

Introduced

6/12/2014

Primary Sponsor

Rudy Hobbs

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Establishes the "Gun Violence Restraining Order Act" allowing specified individuals to petition circuit court for orders prohibiting defendants from purchasing or possessing firearms based on significant risk of personal injury to themselves or others.

  • Permits spouses, former spouses, dating partners, family members, household members, and individuals with close relationships to the defendant to file for restraining orders by submitting a complaint stating facts demonstrating the defendant poses a significant risk.

  • Authorizes courts to issue orders without prior notice to the defendant if clear and convincing evidence shows irreparable injury would result from delay or that notice itself would precipitate adverse action before the order can be issued.

  • Requires restraining orders to include provisions prohibiting firearm possession or purchase, an expiration date of no more than 1 year, notice of the right to file a modification or rescission motion within 14 days, and penalties of up to 93 days imprisonment and $500 fine for violations.

  • Permits courts to order law enforcement seizure of firearms owned or possessed by the restrained individual and establishes procedures for law enforcement to enter orders into the law enforcement information network and serve defendants with copies of orders.

Legislative Description

Civil procedure; injunctions; gun violence restraining order act; enact. Creates new act. TIE BAR WITH: HB 5689'14

Weapons, firearms

Last Action

Printed Bill Filed 06/13/2014

7/16/2014

Committee Referrals

Judiciary6/12/2014

Full Bill Text

No bill text available