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MS SB2843

Bill

Status

Failed

2/5/2019

Primary Sponsor

Brice Wiggins

Click for details

Origin

Senate

2019 Regular Session

AI Summary

Senate Bill 2843 Summary

  • Creates the Extreme Risk Protection Order Act allowing family members or law enforcement to petition chancery court to temporarily restrict a person's firearm rights if they pose danger to themselves or others.

  • Establishes two types of orders: emergency ex parte orders (issued same day or next court day without respondent present) lasting up to 14 days, and six-month orders (requiring a hearing with clear and convincing evidence standard).

  • Requires courts to issue search warrants to seize firearms when probable cause exists, with seized firearms and concealed carry licenses held by law enforcement and returned when orders expire, unless respondent is ineligible to possess firearms.

  • Prohibits concealed carry license issuance to applicants subject to an extreme risk protection order within the past three years and mandates license revocation upon order entry.

  • Violating an extreme risk protection order is a misdemeanor punishable by up to $1,000 fine and one year jail; records are expunged if order is denied or sealed three years after expiration.

Legislative Description

Firearms restraining order; create the extreme risk protection order.

Last Action

Died In Committee

2/5/2019

Committee Referrals

Judiciary, Division A1/21/2019

Full Bill Text

No bill text available