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HB 1313 Concealed handguns; protective orders, surrender of firearms, penalty.

Introduced by: Marcus B. Simon | all patrons    ...    notes | add to my profiles


Concealed handguns; protective orders; surrender of firearms; penalty. Provides that a person who is protected by a protective order may request that the order include as a condition either (i) that such person be permitted to carry a concealed handgun or (ii) that the person who is subject to the order surrender any firearms in his possession to law enforcement.

If the person protected by the order chooses to carry a concealed handgun, the bill authorizes such person to do so for a period of 45 days after the order was issued or until the order expires, whichever occurs first. The bill also provides that if such person applies for a concealed handgun permit during such 45-day period, such person will be authorized to carry a concealed handgun for an additional 45 days and be given a copy of the certified application, which shall serve as a de facto concealed handgun permit. The bill requires such person to have the order or certified application and photo identification on his person when carrying a concealed handgun and to display them upon demand by a law-enforcement officer; failure to do so is punishable by a $25 civil penalty.

If the person protected by the order chooses to require that the person who is subject to the order surrender any firearms, the bill provides that the person who is subject to a protective order must surrender any firearm possessed by him to the law-enforcement agency for the locality in which such person resides within 24 hours of being served with the protective order. The bill requires the law-enforcement agency to prepare a written receipt, which shall be signed by the person surrendering the firearm, containing the name of the person, the date on which the firearm was surrendered, and the manufacturer, model, and serial number of the firearm and to provide a copy of the receipt to the person. The bill provides further that the person may present the copy of the receipt to the law-enforcement agency upon the expiration of the protective order, and the law-enforcement agency shall then return the firearm. The failure to surrender a firearm is punishable as a Class 1 misdemeanor.