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2016 SESSION
SB 323 Firearms; no person who is subject to an emergency protective order.
Introduced by: Barbara A. Favola | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED:
Violation of protective order; firearm or other deadly weapon; penalty. Provides that any person who violates a protective order with which he has been served while knowingly armed with a firearm or other deadly weapon is guilty of a Class 6 felony. This bill is identical to HB 1087.
SUMMARY AS PASSED SENATE:
Possession of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order.
SUMMARY AS INTRODUCED:
Possession or transportation of firearms; protective orders; penalty. Creates a Class 1 misdemeanor for (i) the physical possession of a firearm while in the residence of the alleged victim of a person who has been served with an emergency protective order issued as a result of an assault and battery against a family or household member or (ii) the transport of a firearm by such person while the order is in effect. The bill also provides that in order to be convicted of the existing Class 1 misdemeanor of purchasing or transporting a firearm when subject to a protective order, the person must have been served with the order.