A judge could order a person with serious mental illness who seems dangerous to give up their guns
What it does
HB 218 would let a family member, a parent or guardian of a minor in the household, or a peace officer ask a court for an extreme risk protective order when someone with serious mental illness and access to firearms appears to pose an immediate danger of hurting someone, including themselves. A judge can issue a temporary order without first hearing from that person, and it can require handing over firearms within 24 hours, surrendering a handgun license, and getting a mental health exam. A hearing must then happen by the 14th day, and the order lasts until the first anniversary unless a judge renews it for up to one more year. Buying or keeping a firearm in violation of the order would be a Class A misdemeanor, and making a false statement to a peace officer about the request would be a Class B misdemeanor.
What it means for your community
The case would go to a district or county court in the county where you or the person lives, and local law enforcement would hold any firearms taken under the order. The bill says an unclaimed firearm cannot be destroyed or taken by the state, and if it is sold the money goes back to the owner minus the cost of running the program. For families worried about guns and mental health, this creates a court process that families, parents, and police can use, and the clerk would have to report the order to the Department of Public Safety within 24 hours.
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