SB 52 - This act allows a law enforcement officer to remove a firearm from the scene if the officer has probable cause to believe domestic assault has occurred and has observed a firearm at the scene.
The act requires the officer to provide the owner of the firearm with information about retaking it and safe storage during the proceedings related to the alleged act if the firearm is taken from the scene. The owner may retake the firearm within fourteen days after the proceeding unless he or she is ordered to have the firearm confiscated and disposed.
The act makes it unlawful for certain persons to possess a firearm. Such persons include those who are subject to a court order that:
(1) Was issued after a hearing of which the person had notice;
(2) Restrains a person from harassing, stalking, or threatening a family or household member or his or her child; and
(3) Includes a finding that such person represents a credible threat to the safety of the family or household member or child or has been convicted of a misdemeanor crime of domestic assault.
A violation of this provision is a Class D felony.
This act also modifies the definition of "family or household member" and "domestic violence" in several sections relating to highway patrol reporting of domestic violence and the crime of domestic assault to be consistent with the definition of such terms in chapter 455, relating to adult abuse, orders of protection, and domestic violence shelters.
This act is identical to SB 1184 (2008).
SUSAN HENDERSON MOORE