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Bill > HB1987

OK HB1987

OK HB1987
Protective orders; creating the Oklahoma Extreme Risk Protective Order Act; providing procedures for filing petition for firearms restraining order; repealers; codification; effective date.

summary

Introduced
02/03/2025
In Committee
02/04/2025
Crossed Over
Passed
Dead

Introduced Session

2025 Regular Session

Bill Summary

An Act relating to protective orders; creating the Oklahoma Extreme Risk Protective Order Act; defining terms; providing procedures for filing petition for firearms restraining order; prohibiting assessment of filing fee; declaring jurisdiction of courts; providing procedures for serving summons and notice of hearings; authorizing requests for ex parte orders and emergency hearings for firearms restraining orders; providing guidelines and procedures for filing and issuing emergency firearms restraining orders; providing for the seizure of firearms and handgun licenses upon finding of probable cause; stating parameters of firearms restraining order; providing procedures for the return of firearms and handgun license upon expiration of order; authorizing transfer of firearms under certain circumstances; providing for six-month restraining orders under certain circumstances; establishing guidelines and procedures; making certain acts unlawful; directing courts to consider certain evidence prior to issuing orders; authorizing issuance of search warrants; stating parameters of six-month restraining order; providing procedures for the return of firearms and handgun licenses upon expiration of order; authorizing transfer of firearms under certain circumstances; providing for the dissolution of emergency firearms restraining order; allowing subject of order to request termination hearing; providing procedures for termination hearing requests; directing court clerks to enter order on records of the court and file copies with certain entities; directing sheriff or law enforcement to serve order upon respondent; directing sheriffs and law enforcement to submit documents to the Oklahoma State Bureau of Investigation; requiring Bureau to maintain records of firearms restraining orders; authorizing out-of-state orders to be filed by court clerks; making certain acts unlawful; providing penalty; permitting law enforcement to remove weapons when deemed appropriate; providing exemption from civil liability; providing an exception; authorizing the expungement of firearms restraining orders under certain circumstances; repealing 21 O.S. 2021, Sections 1289.24b and 1289.24c, which relate to the Anti-Red Flag Act; providing for codification; and providing an effective date.

AI Summary

This bill establishes the Oklahoma Extreme Risk Protective Order Act, which creates a legal mechanism for temporarily removing firearms from individuals deemed to pose a significant danger to themselves or others. The law allows family members, intimate partners, or law enforcement officers to petition a court for two types of firearms restraining orders: an emergency order (lasting up to 14 days) and a six-month order. To obtain an order, the petitioner must provide clear and convincing evidence that the respondent poses an immediate or significant risk of causing personal injury through firearm possession. When an order is issued, the respondent must surrender their firearms and handgun license to local law enforcement, who will then transfer these to the Oklahoma State Bureau of Investigation for safekeeping. The bill provides detailed procedures for requesting, issuing, serving, and potentially terminating these orders, and includes provisions for potential firearm transfer to another lawful owner, mental health resource referrals, and protections against false petitions. Importantly, the law includes safeguards such as allowing the respondent one opportunity to request a termination hearing and requiring court records to be expunged or sealed after a specified period. Violations of the order are considered a misdemeanor, and law enforcement officers are protected from civil liability when acting in good faith under this act.

Sponsors (1)

Last Action

Second Reading referred to Rules (on 02/04/2025)
(1 Companion Bills)

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