Bill > H3081

This bill establishes extreme risk protective orders in Massachusetts. The key provisions are: - Family members, healthcare providers, and law enforcement can petition the court for a temporary (10-day) or 1-year extreme risk protective order if they believe the respondent poses a significant danger of causing physical harm by having custody of firearms or ammunition. - The court can issue an extreme risk protective order if it finds by a preponderance of the evidence that the respondent poses such a danger. This order prohibits the respondent from possessing firearms or ammunition for 1 year, unless terminated sooner. - The respondent has the right to request a hearing to terminate the order at any time, and the petitioner can request renewal of the order. - Upon issuance of the order, the court must order the respondent to immediately surrender any firearms, ammunition, licenses, and identification cards to law enforcement. Violation of the order is a criminal offense. - The courts and law enforcement must report information about the orders to state and federal background check systems. Orders from other states are also enforceable in Massachusetts. The goal of the bill is to provide a legal mechanism to temporarily restrict firearm access for individuals deemed to pose a serious risk of harm, while preserving due process rights.

Justice

https://malegislature.gov/Bills/190/H3081