S.B. No. 138 Summary

• Creates Extreme Risk Protection Order (ERPO) process - Allows family members or law enforcement to petition courts for orders prohibiting individuals deemed a significant danger from purchasing, possessing, or carrying firearms for one year, with renewal possible.

• Establishes petition and hearing procedures - Petitioners must file detailed allegations with court; courts must hold hearings within 14 days and can issue ex parte (temporary) orders without respondent notice based on reasonable cause standard.

• Requires firearm surrender and law enforcement coordination - Respondents must surrender all firearms and concealed carry licenses within 48 hours; law enforcement agencies must enter orders into background check systems and notify relevant sheriffs to revoke concealed handgun licenses.

• Provides respondent protections and termination rights - Respondents can request one termination hearing annually and must prove by preponderance of evidence they no longer pose significant danger; establishes liability protections for good-faith petitioners and penalties for false petitions.

• Creates criminal penalties - Violating an ERPO by carrying firearms is a third-degree misdemeanor (fifth-degree felony if two or more prior violations); filing false petitions is a third-degree misdemeanor; requires a five-year firearm prohibition after order expiration.