Bill > HB453

This bill establishes the Georgia Red Flag 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 or law enforcement officers to petition a court for a risk protection order, which can be issued on a temporary ex parte basis or after a full hearing. To obtain an order, the petitioner must provide specific evidence of potential danger, such as recent acts of violence, mental health issues, substance abuse, or previous criminal behavior. If granted, the order requires the respondent to surrender all firearms, ammunition, and weapons carry licenses for a period up to 12 months. The court can extend the order if the danger continues to exist. The bill includes detailed provisions for serving the order, conducting hearings, and returning firearms, and mandates that the Administrative Office of the Courts develop standardized forms and instructions for implementing the law. Importantly, the law provides a process for the respondent to request a hearing to vacate the order and includes protections against false statements, with potential misdemeanor charges for violations. The primary goal is to prevent potential gun-related harm by providing a legal tool to temporarily remove firearms from individuals who may pose a risk to themselves or others.

Justice

https://www.legis.ga.gov/legislation/70325