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House of Representatives
Session of 2017 - 2018 Regular Session


Posted: October 16, 2017 03:17 PM
From: Representative Stephen McCarter
To: All House members
Subject: Firearm Restraining Orders (Re-Introduction)
In the near future, I will be re-introducing legislation – former House Bill 1030 of the 2015-2016 Legislative Session – that would authorize the issuance of firearm restraining orders.

Following in the footsteps of states that have enacted similar laws to allow the removal of firearms from potentially dangerous individuals, including Texas, Connecticut, California and Indiana, the intent of this legislation is to provide a mechanism for families, friends and others to petition the court for a firearm restraining order when there is good cause to believe an individual poses an immediate threat to the safety of a family or household member, or other person by possessing a firearm, other weapon, or ammunition. Although family and friends may be the first to notice early warning signs of a person in crisis, they have little recourse when lethal weapons are involved. Firearm restraining orders would aid individuals, communities and law enforcement in preventing suicides, homicides and mass shootings – such as the ones that occurred in Connecticut, California, Colorado, South Carolina, Florida and elsewhere – thus enhancing public safety.

Similar to a protection from abuse order, my legislation would give certain persons, including law enforcement officers, family or household members, the authority to petition the court for a firearm restraining order that would prevent the subject of the petition from having in his custody or control, purchasing, possessing or receiving a firearm. A restraining order would be issued for a fixed period of time, not to exceed one year. Additionally, my legislation would require the court to issue a firearm restraining order in conjunction with a protection from abuse order.

To better protect the physical safety of the citizens of this Commonwealth, please join me in co-sponsoring this important legislation.

Introduced as HB2109