Vote Smart's Synopsis:

Vote to pass a bill that establishes extreme risk protections to authorize firearms to be taken from individuals in crisis in Pennsylvania.

Highlights:

• Classifies the failure to relinquish a firearm following the issuance of an extreme risk protection order as a misdemeanor of the second degree (Sec. 1).

• Classifies the acceptance of possession of a firearm or license from an individual under an extreme risk protection order as a misdemeanor of the third degree (Sec. 1).

• Expands the list of individuals prohibited from possessing a firearm to include those under an active extreme risk protection order (Sec. 1).

• Authorizes individuals to file a petition for an extreme risk protection order for another individual, and requires evidence of the following risk factors to be provided (Sec. 4):

• Suicide threats or attempts;

• Threats, acts, or attempted acts of violence;

• Domestic abuse;

• Cruelty to animals;

• Abuse of controlled substances or alcohol, or any criminal offense involving controlled substances or alcohol;

• Unlawful or reckless use, display, or brandishing of a firearm; or

• Recent acquisition or attempted acquisition of a firearm.

• Authorizes the court or hearing officer reviewing a petition to issue an interim extreme risk protection order if it finds that risk is present and imminent (Sec. 4).

• Specifies that an interim extreme risk protection order lasts until the end of the next business day that the court is available (Sec. 4).

• Requires the court to conduct a hearing on a petition within 10 days of the date it was filed (Sec. 4).

• Specifies that the sheriff or a law enforcement officer shall serve an extreme risk protection order to ensure the forfeiture of firearms (Sec. 4).

• Specifies that an extreme risk protection order may be effective for a minimum of 3 months and a maximum of one year, and authorizes petitions to extend an order based on continued evidence of its necessity (Sec. 4).

• Requires the immediate return of firearms to an individual following the vacation of an interim extreme risk protection order (Sec. 4).

• Specifies that prior to the return of firearms, the sheriff or firearms dealer is required to perform a background check to confirm that the individual is legally eligible to possess firearms under Federal and State law (Sec. 4).

• Classifies false allegations by a petitioner for an extreme risk protection order as a felony of the third degree (Sec. 4).

• Specifies that this Act takes effect 90 days after passage (Sec. 5).

Full Bill Text