House Bill 26-003

This bill establishes new statewide restrictions on firearm possession and purchase for individuals convicted of domestic violence offenses or subject to qualifying protection orders. The legislation is intended to reduce the risk of lethal violence in domestic abuse situations by limiting access to firearms among individuals who have demonstrated violent or threatening behavior toward intimate partners or family members. The General Assembly finds that the presence of firearms significantly increases the likelihood of serious injury or death in domestic violence incidents and that targeted firearm restrictions serve an essential public safety purpose.

The bill defines key terms including domestic violence, firearm, protection order, and individuals considered subject to an active protection order. Under the measure, a person may not knowingly purchase, attempt to purchase, possess, or control a firearm if they have been convicted of a misdemeanor or felony domestic violence offense or are currently subject to a protection order containing findings of credible threat or prohibitions against physical force. The prohibition remains in effect for the legally prescribed duration following conviction or for as long as the protection order remains active.

To ensure enforcement, the act creates mandatory firearm surrender requirements. Individuals who become prohibited from possessing firearms must, within forty-eight hours, either surrender all firearms to a local law enforcement agency or transfer them to a federally licensed firearms dealer or court-approved third party for secure storage during the period of prohibition. Proof of surrender or lawful transfer must be submitted to the issuing court, allowing judicial oversight and verification of compliance with protective orders.

Violations of the act constitute a Class B felony, with each unlawfully possessed firearm treated as a separate offense. The Department of Public Safety is authorized to adopt rules governing surrender procedures, storage standards, and compliance verification in coordination with courts and local law enforcement agencies. The legislation includes a safety clause declaring the measure necessary for the immediate preservation of public peace, health, and safety, and it takes effect immediately upon the Governor’s signature.