Bill > SB2305

This bill establishes a legal framework for extreme risk protective orders (ERPOs) in Texas, which are court orders designed to temporarily remove firearms from individuals deemed to pose an immediate danger to themselves or others. The bill allows family members, guardians, parents, or peace officers to file an application for an ERPO by providing detailed allegations about the respondent's dangerous behavior, particularly related to firearms. If the court finds reasonable cause, it can issue a temporary ex parte order requiring the respondent to surrender firearms within 24 hours and suspend their handgun carry license. A full hearing must be held within 14 days, where the court will consider factors such as the person's history of violence, recent weapons acquisitions, substance abuse, and prior order violations. If clear and convincing evidence supports the claim that the respondent poses an immediate danger, the court can issue a protective order lasting up to one year, which prohibits the person from purchasing, owning, or possessing firearms. The bill also creates criminal offenses for making false reports about ERPOs and for possessing firearms while under an ERPO. Additionally, the bill requires the Department of Public Safety to report ERPO information to federal background check systems and establishes procedures for the temporary storage and potential return of surrendered firearms, ensuring a comprehensive approach to preventing potential gun-related violence while protecting due process.