Bill > SF2122

Introduced Session

This bill relates to the creation of an extreme risk protective order against a person who presents a significant danger to the person’s self or others by possessing, shipping, transporting, or receiving firearms. DEFINITIONS. The bill defines “family member” to mean a spouse, person cohabiting, a parent, or other person related by consanguinity or affinity. The bill defines “firearm” to include ammunition and any offensive weapon as that term is defined in Code section 724.1. The bill defines “possession” to include ownership, custody, or control. The bill defines “plaintiff” to mean a family member, a person with whom the respondent is having an intimate relationship with, or a peace officer. The bill defines “intimate relationship” to mean the same as defined in Code section 235E.1. PETITION FOR EXTREME RISK PROTECTIVE ORDER. Under the bill, a plaintiff may file a petition in district court requesting an extreme risk protective order stating that the subject of the extreme risk protective petition (respondent) presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. The bill requires the petition to contain an affidavit stating the specific facts that give rise to the reasons the respondent presents a significant danger to the respondent’s self or others; the location, type, and number of firearms the plaintiff believes are possessed by the respondent; whether the respondent is subject to a current protective order or no-contact order; and whether any legal proceedings are pending between the plaintiff and respondent. In lieu of personal service of an extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer in this state to serve the respondent with a short-form notification to effectuate service of an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by a sheriff, peace officer, or corrections officer in this state in the course of performing official duties. The bill requires the department of justice to prescribe standard forms to be used by a plaintiff proceeding pro se when filing an extreme risk protective order petition. The bill permits a county attorney’s office to provide assistance to a plaintiff wishing to initiate the filing of an extreme risk protective order petition or to a plaintiff at any stage of a proceeding under the bill, if the plaintiff does not have sufficient funds to pay for legal assistance and if the assistance does not create a conflict of interest for the county attorney’s office. The bill permits the plaintiff to use an alternate mailing address for the purposes of filing a petition for an extreme risk protective order including the mailing address of a shelter or other agency, a public or private post office box, or any other mailing address with permission of the resident of that address. The bill requires that hearing on the petition for an extreme risk protective order shall occur not less than five but no more than 15 days after commencing the proceeding and after notice to the respondent. The bill provides that upon hearing on the petition, if the court finds by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms, the court shall issue an extreme risk protective order for a period of one year. In determining whether grounds for an extreme risk protective order exist, the court may consider any relevant evidence including but not limited to the following: a recent act or threat of violence by the respondent against the respondent’s self or others; a pattern of acts or threats of violence against the respondent’s self or others by the respondent within the preceding twelve months of the filing of the petition; any serious mental impairment of the respondent; any previous violations of no-contact orders or protective orders by the respondent; a previous issuance of an extreme risk protective order issued against the respondent; a previous domestic abuse assault conviction; the possession of a firearm or the reckless use, display, or brandishing of a firearm by the respondent; any history of use of physical force by the respondent against another person; any prior criminal history of the respondent; and evidence of abuse of a controlled substance or alcohol by the respondent. EMERGENCY EXTREME RISK PROTECTIVE ORDER. The bill allows a plaintiff to request an emergency extreme risk protective order, without notice to the respondent, by including in the petition detailed allegations based on personal knowledge that the respondent poses a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. If the court finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms, the court shall issue an emergency extreme risk protective order. The court shall hold an emergency extreme risk protective order hearing in person or by telephone on the day the petition is filed. When the court is unavailable from the close of business at the end of the day or week to the resumption of business at the beginning of the day or week, the bill provides that a petition for an extreme risk protective order may be filed before a district judge, or district associate judge designated by the chief judge of the judicial district, who may grant emergency relief, if the district judge or district associate judge finds good cause to believe that the respondent presents a significant danger to the respondent’s self or others, in the near future, by possessing, shipping, transporting, or receiving firearms. The emergency extreme risk protective order shall be in effect until the issuance of an extreme risk protective order after a hearing on the petition for an extreme risk protective order or the court determines at the hearing on the petition that the plaintiff has not proven by a preponderance of the evidence that the respondent presents a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. In lieu of personal service of an emergency extreme risk protective order on a respondent, the bill allows a sheriff of any county in this state or any peace officer or corrections officer to serve the respondent with a short-form notification to effectuate the service on an unserved order. Short-form notification includes service during traffic stops and other contacts with the respondent by the sheriff, peace officer, or corrections officer. REQUEST TO TERMINATE ORDER. Under the bill, the respondent may submit a request for a hearing to terminate an extreme risk protective order during each 12-month period that the order is in effect, beginning from the date of the order and continuing through any extensions. The bill provides that the respondent shall have the burden of proving by a preponderance of the evidence that the respondent does not present a significant danger to the respondent’s self or others by possessing, shipping, transporting, or receiving firearms. EXTENSION OF ORDER. An extreme risk protective order may be extended under the bill. A family member may by motion request an extension of an extreme risk protective order within 90 days of the expiration of the order. The bill provides that if the court finds by a preponderance of the evidence that the requirements for issuance of an extreme risk protective order continue to be met, the court shall extend the order. SURRENDER OF FIREARMS AND FIREARM PERMITS. Upon the issuance of an extreme risk protective order or an emergency extreme risk protective order, the bill provides that the court shall order the respondent to immediately surrender to the law enforcement agency named in the protective order all firearms possessed by the respondent and any permit to carry weapons or permit to acquire possessed by the respondent within 48 hours of being served with the order or within 48 hours of the end of the hearing on the petition at which the respondent was present and an order was subsequently issued. The bill requires, at the time of surrendering any firearms, a peace officer taking possession of any firearms to issue a receipt identifying all firearms that have been surrendered and provide a copy of the receipt to the respondent. Upon a sworn statement or testimony of the petitioner or of any peace officer alleging that the respondent has failed to comply with the surrender of firearms and permits as required by any order, the bill requires the court to determine whether probable cause exists to believe that the respondent has failed to surrender all firearms or permits in the possession of the respondent. If probable cause exists, the bill requires the court to issue a search warrant describing the firearms and authorizing a search of the locations where the firearms are reasonably believed to be and the seizure of any firearms discovered in the search. If a person other than the respondent claims to own any of the firearms seized or surrendered pursuant to the bill and the law enforcement agency where the firearms are stored determines the person to be the lawful owner of the firearms, the firearms shall be returned to the lawful owner if the lawful owner agrees to store the firearms in such a manner that prevents the respondent from having access to the firearms during the time an extreme risk protective order or emergency extreme risk protective order is in effect. Under the bill, the lawful owner commits a serious misdemeanor if the respondent is later found to have access to the firearms while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent. Upon the issuance of an extreme risk protective order, the bill requires the court to order a new hearing within three business days of the issuance of the extreme risk protective order that requires the respondent to provide evidence to the court that the respondent has surrendered any firearms in the possession of the respondent. The court may dismiss the hearing upon a satisfactory showing that the respondent has complied with the extreme risk protective order. All law enforcement agencies must develop policies and procedures by June 1, 2027, regarding the acceptance, storage, and return of firearms surrendered to a law enforcement agency under the bill. RETURN OF FIREARMS. Under the bill, if an extreme risk protective order is terminated or expires without an extension, the law enforcement agency holding any firearms surrendered by the respondent shall return any firearms to the respondent upon request of the respondent, provided the respondent is eligible to possess a firearm. Notwithstanding Code section 809.21 (sale of certain ammunition and firearms), for firearms that remain unclaimed by the lawful owner, the firearms shall be destroyed pursuant to 661 IAC 95.8. PENALTIES. The bill provides that a respondent shall not be eligible to obtain a permit to carry weapons or a permit to acquire pistols or revolvers while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent. The bill provides that a plaintiff who files a petition for an extreme risk protective order knowing the information in the petition to be materially false commits a serious misdemeanor. The bill provides that a respondent who possesses a firearm or who ships, transports, or receives, or attempts to ship, transport, or receive, such a firearm while an extreme risk protective order or emergency extreme risk protective order is in effect against the respondent commits an aggravated misdemeanor. A respondent who violates this provision shall be prohibited from possessing, shipping, transporting, or receiving a firearm for a period of five years from the date of the conviction. If during the five-year prohibition period the respondent knowingly has under the respondent’s dominion and control or possession or ships, transports, or receives, or causes to be shipped, transported, or received, a firearm, the respondent commits a class “D” felony. A serious misdemeanor is punishable by confinement for no more than one year and a fine of at least $430 but not more than $2,560. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $855 but not more than $8,540. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $1,025 but not more than $10,245.

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Art Staed (D)*, 

Subcommittee: Schultz, Blake, and Bousselot. S.J. 160. (on 01/28/2026)

Official Document