HF 3438 Summary

• Establishes gun violence protective orders allowing law enforcement, family members, guardians, and city/county attorneys to petition courts to prohibit individuals from possessing firearms if they pose significant danger to themselves or others.

• Creates two types of orders: emergency orders issued ex parte for 14 days based on reasonable grounds of immediate danger, and standard orders issued after hearing based on preponderance of evidence, lasting 6 months to 2 years and renewable.

• Requires respondents to transfer firearms within 24 hours to licensed dealers, law enforcement, or third parties; courts may issue search warrants for immediate seizure if emergency order issued or immediate danger found.

• Establishes criteria courts must consider when determining dangerousness, including history of violence, threats, firearm misuse, controlled substance abuse, and violations of court orders.

• Makes it a misdemeanor to violate an order or file false petitions; adds gun violence protective order as grounds for firearm ineligibility in Minnesota law effective January 1, 2019.