Bill > SB92

This bill establishes the Georgia Red Flag Protective Order Act, which creates a legal mechanism for family members or law enforcement officers to petition a court for a risk protection order to temporarily remove firearms from individuals who are deemed to pose a significant danger to themselves or others. The bill defines key terms and outlines a comprehensive process for obtaining and enforcing these orders. Under this law, a petitioner must provide detailed allegations and evidence demonstrating the respondent's potential risk, such as recent acts of violence, mental health issues, substance abuse, or previous criminal history. The court can issue two types of orders: a temporary ex parte order (issued quickly without the respondent present) and a final risk protection order that can last up to 12 months. When an order is issued, the respondent must surrender all firearms, ammunition, and weapons carry licenses to local law enforcement. The bill includes provisions for hearings to challenge the order, requires law enforcement to enter the order into state and national databases, and establishes misdemeanor penalties for violating the order. The law also mandates that the Administrative Office of the Courts develop standardized forms, instructions, and informational materials to help individuals navigate the process, with materials to be available in multiple languages and designed to be user-friendly.

Justice

https://www.legis.ga.gov/legislation/69889