SB 1314 Creates provisions concerning domestic assult
Sponsor:Bray Co-Sponsor(s)
LR Number:4208S.05I Fiscal Note:4208-05
Committee:Judiciary and Civil & Criminal Jurisprudence
Last Action:03/01/04 - Second Read and Referred S Judiciary and Civil & Journal page:S498
Criminal Jurisprudence Committee
Effective Date:August 28, 2004
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Current Bill Summary

SB 1314 - 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 with fourteen days after the proceeding unless he or she is ordered to have the firearm confiscated and disposed.

The act requires sheriffs to deny firearm permits if the applicant is subject to an existing order of protection prohibiting the possession of a firearm or has been convicted of domestic assault or a violation of an order of protection which was issued in response to a domestic assault situation.

The act makes it unlawful for certain persons to possess a firearm. Such persons include only those who are subject to a court order that was issued after a hearing of which the person had notice, restrains a person from harassing, stalking, or threatening an intimate partner or his or her child, includes a finding that such person represents a credible threat to the safety of the partner or child or has been convicted of a misdemeanor crime of domestic assault. A violation of this provision is a Class D felony.