House Bill 26-003

This act prohibits certain individuals with a history of domestic violence or an active qualifying protection order from purchasing, possessing, or controlling firearms. The prohibition applies to persons convicted of a misdemeanor or felony domestic violence offense under state or federal law and to persons subject to an active protection order containing a finding of a credible threat or prohibiting the use, attempted use, or threatened use of physical force against an intimate partner or family member. For a domestic violence conviction, the firearm prohibition automatically terminates five years after the conviction if the person commits no subsequent acts of domestic violence during that period.

This act requires a person who becomes prohibited from possessing firearms to surrender or lawfully transfer all firearms within 24 hours. Firearms may be surrendered to local law enforcement or transferred to a federally licensed firearms dealer or a court-approved third party who does not live with the prohibited person. Courts must inform respondents of these requirements when issuing qualifying protection orders, and law enforcement serving an order must request the immediate surrender of firearms in the person's possession or control. A court may issue a search warrant based on probable cause when there is reason to believe the person has failed to surrender firearms. Respondents must also file a sealed affidavit identifying the firearms surrendered or transferred and certifying compliance under penalty of perjury.

This act allows surrendered firearms to be stored by law enforcement, transferred to a licensed dealer for lawful sale, or transferred to another lawful third party when the court determines that the prohibited person will no longer have access to or control over them. Firearms may generally be returned once the prohibition expires if the owner is otherwise legally eligible to possess them. Knowingly violating the firearm prohibition constitutes a Class 2 felony, with each unlawfully possessed firearm constituting a separate offense. A person convicted of violating the prohibition is additionally barred from purchasing or possessing firearms for five years following completion of the sentence imposed for that offense.

This act authorizes the Department of Public Safety to establish procedures for firearm surrender, storage, and verification; develop standardized forms and training materials; and maintain anonymized statewide data concerning surrendered firearms and qualifying protection orders. The Department must submit an annual anonymized report to the General Assembly and develop training emphasizing both compliance with protection orders and protection of Second Amendment rights during firearm surrender. The act contains a safety clause and was approved May 4, 2026, taking effect at 12:01 a.m. on May 5, 2026.