Bill > HB46

This bill enacts the Extreme Risk Protection Order (ERPO) Act, which creates a legal mechanism for temporarily removing firearms from individuals deemed to pose a significant danger to themselves or others. The bill allows family or household members, as well as law enforcement agencies, to petition a court for an extreme risk protection order (ERPO) against a person who they believe poses a risk of causing personal injury by possessing firearms. The petitioner must provide specific evidence supporting their claim, such as recent acts of violence, mental health issues, or previous violations of protection orders. If the court finds reasonable cause, it can issue an ex parte temporary order requiring the respondent to surrender all firearms and concealed handgun licenses within 48 hours. The initial order lasts 180 days and can be renewed, with the respondent having the right to request one hearing to terminate the order during each 180-day period. The bill includes provisions for serving the order, storing surrendered firearms, and potential criminal penalties for violating the order, such as a misdemeanor or felony charge depending on the circumstances. The legislation also creates safeguards against false petitions, with potential civil and criminal penalties for knowingly filing a false claim. The bill aims to provide a proactive approach to preventing potential gun violence by temporarily removing firearms from individuals who may pose an immediate threat.

Military Affairs and Security

https://www.legislature.ohio.gov/legislation/136/hb46