Bill > LD1378

Introduced Session

This initiated bill enacts the Extreme Risk Protection Order Act. Under the bill, a petition for an extreme risk protection order, which prohibits the purchase, possession or control of a dangerous weapon, may be sought if a person is suspected of posing a significant danger of causing physical injury to the person or to another person. A significant danger of causing physical injury to the person or another person is demonstrated by establishing that the person has inflicted or attempted to inflict physical injury on another person; placed another person in reasonable fear of physical injury; by action or inaction, presented a danger to persons in the person's care; or threatened or attempted suicide or has threatened or attempted serious bodily injury. The petition may be filed by a family or household member of the person or by a law enforcement agency or a law enforcement officer and must be supported by an affidavit stating the facts to support the allegations, identifying any dangerous weapons believed to be in the person's possession and stating whether the person is already the subject of an existing protection from harassment or protection from abuse order. Upon receipt of the petition and affidavit, the District Court is required to schedule a hearing, which must be held within 14 days of the filing of the petition, and provide notice of the hearing to the person who is the subject of the requested extreme risk protection order. Following the hearing, if the court finds by a preponderance of the evidence that the person poses a significant risk of causing physical injury to the person or to another person, the court must issue an order prohibiting, for up to one year, the person from purchasing, possessing or receiving a dangerous weapon, attempting to purchase, possess or receive a dangerous weapon or having custody or control of a dangerous weapon. The bill allows a court to issue an emergency extreme risk protection order without prior notice to the person who is the subject of the requested order. A hearing must be scheduled no later than 14 days after the order is issued. An extreme risk protection order may be terminated upon the request of the person who is the subject of the order if that person shows by clear and convincing evidence that the person no longer poses a significant danger of causing physical injury to the person or another person. An extreme risk protection order may be renewed for an additional period of up to one year. A person who is the subject of an extreme risk protection order must immediately surrender all dangerous weapons in that person's possession, custody or control to a law enforcement agency. The bill directs the State Court Administrator to report annually regarding data related to this legislation. It also directs the Department of Public Safety to submit a report to the joint standing committee of the Legislature having jurisdiction over civil rights matters on the status of obtaining federal funding related to storing dangerous weapons in the custody of law enforcement agencies.

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Carried over, in the same posture, to any special or regular session of the 132nd Legislature, pursuant to Joint Order SP 800. (on 06/25/2025)

Official Document